4OfficeAutomation – END-USER LICENSE AGREEMENT FOR
EmailUnlimited™ and RapidDelivery™
Please read
both
EmailUnlimited
END-USER LICENSE AGREEMENT
IMPORTANT: READ CAREFULLY:
This License Agreement is a legal agreement between you (either an individual or
a single entity) and 4OfficeAutomation, Inc. for the SOFTWARE PRODUCT
identified above, and associated help materials, samples and all accompanying
material. By installing, copying, or otherwise using this software product, you
agree to be bound by the terms of this License Agreement. If you do not agree to
its terms, promptly delete all copies of the software and all accompanying
material.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties.
1. GRANT OF LICENSE.
This license grants you the following rights:
Software: You may install and use one copy of the SOFTWARE PRODUCT on one single
CPU.
Storage/Network Use: You may also store or install a copy of the SOFTWARE
PRODUCT on a storage device, such as a network server, used only to install or
run the SOFTWARE PRODUCT on your other computers over an internal network;
however, you must acquire and dedicate a license for each separate computer on
which the SOFTWARE PRODUCT is installed or run from the storage device. A
license for the SOFTWARE PRODUCT may not be shared or used concurrently on
different computers. You may not loan, rent or lease the software using any
medium to another user.
2. DISCLAIMER OF WARRANTY. This Software is provided on an "AS
IS" basis, without warranty of any kind, including, without limitation, the
warranties of merchantability, fitness for a particular purpose and
non-infringement. The use of this software and its registration does not
guarantee any kind of support from 4OfficeAutomation, Inc. or any of the
SOFTWARE PRODUCT`S distributors. The entire risk as to the quality and
performance of the Software is borne by you. Should the Software prove defective
in any way, you and not 4OfficeAutomation, Inc. or any of the SOFTWARE PRODUCT`S
distributors shall assume the entire cost of any service and repair.
3. LIMITATION OF LIABILITY. Under no circumstances and under no
legal theory, tort, contract, or otherwise, shall 4OfficeAutomation, Inc. or any
of the SOFTWARE PRODUCT`S distributors be liable to you or any other person for
any indirect, special, incidental, or consequential damages of any character
including, without limitation, damages for loss of goodwill, work stoppage,
computer failure or malfunction, or any and all other commercial damages or
losses that results from use of the software or any of the accompanying
material.
4. NO SPAMMING.
You may not use the SOFTWARE PRODUCT for sending unsolicited commercial email
(UCE). If you are abusing the SOFTWARE PRODUCT for sending UCE or any similar
purpose, you will be liable for ALL damages caused by the abuse.
5. LEGAL COMPLIANCE
– When you use EmailUnlimited in the United States, you must comply with all the
corresponding regulations as specified in the United Stats law, including but
not limited to the so-called CAN-SPAM law. The CAN-SPAM law requires you to
honor all removal requests. While the SOFTWARE PRODUCT offers features for the
automated removal of email addresses, you are responsible to verify that all
unsubscribe requests have been processed correctly before you use the SOFTWARE
PRODUCT to send any email. When you are using the SOFTWARE PRODUCT outside the
United States, you must comply with the corresponding local laws. As stated in
3., 4OfficeAutomation, Inc will under no circumstances be liable for any damages
and legal consequences caused by the use of the SOFTWARE PRODUCT.
6. TRIAL-PERIOD
- The SOFTWARE PRODUCT can be tested for a limited trial period. During that
period, the product may show advertisements on email messages sent using the
SOFTWARE PRODUCT. You may not use the SOFTWARE PRODUCT for commercial use during
the trial period. The trial period ends after 7 days, or when you register the
SOFTWARE PRODUCT. You must register the SOFTWARE PRODUCT if you want to use it
after the trial period ends.
7. MISCELLANEOUS.
This Agreement represents the complete agreement concerning this license between
the parties and supersedes all prior agreements and representations between
them. It may be amended only by a writing executed by both parties. If any
provision of this Agreement is held to be unenforceable for any reason, such
provision shall be reformed only to the extent necessary to make it enforceable.
8. TERMINATION.
This license will terminate automatically if you fail to comply with the
limitations described above. On termination, you must destroy all copies of the
SOFTWARE PRODUCT and accompanying material.
RapidDelivery
END-USER SERVICES AGREEMENT
This End-User Services Agreement ("Agreement") is an agreement between you, an
individual or an individual acting on behalf of your employer, a corporation,
partnership, or other legal entity that will be using 4OfficeAutomation, Inc’s
RapidDelivery services ("User"), 4OfficeAutomation, Inc., a Nevada corporation
located at 1802 N. Carson St., Suite 212-2190, Carson City, NV 89701 ("Company).
4OfficeAutomation, Inc.’s services, as described below in Section 2 and Exhibit
A hereto (the "Services"), include proprietary materials, the use of which is
subject to the terms and conditions of this Agreement.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT
The Services, provided by Company, are provided to User under the terms and
conditions of this Agreement and Exhibit A hereto, any amendments to this
Agreement and/or Exhibit A, and any operating rules or policies that may be
published from time to time by Company, all of which are hereby incorporated by
reference. This Agreement comprises the entire agreement between User and
Company regarding the use of RapidDelivery and supersedes any prior agreements
pertaining to the subject matter contained herein.
2. DESCRIPTION OF SERVICES
Company, is providing User with any or all of the following services: (a) email
delivery; and (b) any other services which Company may elect to provide on
behalf of Client in the future.
Company also reserves the right to modify or discontinue, temporarily or
permanently, the Services with or without notice to User. User agrees that
Company and their third party service providers shall not be liable to User or
any third party for any modification or discontinuance of the Services.
3. USER'S REGISTRATION OBLIGATIONS
User must be at least thirteen (13) years old to register for the Services. In
consideration of use of the Services, User agrees to: (a) provide true,
accurate, current, and complete information about User as prompted by the
registration form; and (b) to maintain and update this information to keep it
true, accurate, current, and complete. If any information provided by User
("Registration Data") is untrue, inaccurate, not current, or incomplete, Company
has the right to terminate User's account and refuse any and all current and/or
future use of the Services.
4. USE OF REGISTRATION DATA
User acknowledges that Registration Data may to be shared between Company and
any 3rd Party service providers if necessary to provide the service.
Company agrees not to contact User if User informs Company of User's preference
not to be contacted.
This Agreement includes the terms and conditions of Company's Privacy Policy, a
copy of which is located at
http://www.4officeautomation.com/privacy.htm, and which is hereby
incorporated by reference. In the event that there exists any inconsistency
between this Agreement and the Privacy Policy, the terms and conditions of the
Privacy Policy shall take precedence.
5. USER CONTENT
Company considers email transmitted via the Services to be the private
correspondence of the sender. Company will not monitor, edit, or disclose the
contents of a User's private communications, except that User agrees that
Company may do so: (a) as required by law; (b) to comply with legal process; (c)
if necessary to enforce this Agreement; (d) to respond to claims that such
contents violate the rights of third parties; or (e) to protect the rights or
property of Company, its third party service providers, or others.
User understands and agrees that technical (and sometimes manual) processing of
email communications and any other information supplied by User is and may be
required: (a) to send and receive messages; (b) to conform to the technical
requirements of connecting networks; (c) to conform to the limitations of the
Services; or (d) to conform to other, similar technical requirements.
User acknowledges and agrees that Company, Client and their third party service
providers do not endorse the content of any User communications and are not
responsible or liable for any unlawful, harassing, libelous, privacy invading,
abusive, threatening, harmful, vulgar, obscene, indecent, tortious, or otherwise
objectionable content, or content that infringes or may infringe the
intellectual property or other rights of another.
6. USER NAME, MEMBER ACCOUNT, PASSWORD AND SECURITY
User be provide a username and password by company after completing the
registration process for the Services.
User is responsible for maintaining the confidentiality of the password and
account, and is fully responsible for all activities that occur under User's
account. User agrees to immediately notify Company of any unauthorized use of
User's password or account or of any other breach of security.
6.1. PAYMENT
User can sign-up for RapidDelivery on a monthly subscription
basis. A user account can only be created after receiving payment. Payments
cannot be refunded. User can terminate the subscription and user account any
time by sending an email indicating that he wants the subscription to be
terminated.
7. USER CONDUCT
User agrees to abide by all applicable local, state, national, and international
laws and regulations during use of the Services, and agrees not to interfere
with the use and enjoyment of the Services by other users. User agrees to be
solely responsible for the contents of User's private and public communications,
whether uploaded, posted, emailed, or otherwise transmitted through the
Services.
User agrees: (a) not to use the Services for illegal purposes; (b) not to
interfere with or disrupt the Services or servers or networks connected to the
Services; (c) to comply with all requirements, procedures, policies, and
regulations of networks connected to the Services; (d) not to resell the
Services or use of or access to the Services; and (e) to comply with all
applicable laws regarding the transmission of technical data exported from the
United States.
User agrees not to upload, email, or otherwise transmit through the Services:
(a) any unlawful, harassing, libelous, privacy invading, abusive, threatening,
harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable
material of any kind; (b) any material that violates the rights of another,
including, but not limited to, the intellectual property rights of another; (c)
any material that violates any applicable local, state, national, or
international law or regulation; or (d) unsolicited or unauthorized
advertisements, promotional materials, "junk mail," "spam," "chain letters," or
other forms of solicitation. User agrees not to attempt to gain unauthorized
access to other computer systems or networks connected to the Services. User
acknowledges and agrees that Company may ban User from future use of the
Services if User does not comply with Company's standards of conduct, even if
User attempts to use the Services through another Client or under a different
name. Furthermore, User acknowledges and agrees that Company may recover damages
from User if User violates these terms.
8. INDEMNITY
User agrees to indemnify and hold Company and their third party service
providers, and their parents, subsidiaries, affiliates, officers, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of User's use of the Services, User's
connection to the Services, User's violation of this Agreement, or User's
violation of any rights of another party.
9. STORAGE OF COMMUNICATIONS
Company and its third party service providers assume no responsibility for the
deletion or failure to store email messages, communications, or other content
maintained or transmitted through the Services. Company may establish in its
sole discretion an upper limit on the extent of message storage it will maintain
for User.
10. TERMINATION
(a) User agrees that Company or its third party service providers may terminate
User's password, account, or use of the Services if Company or its third party
service providers believe: (i) that User has violated or acted inconsistently
with the letter or spirit of this Agreement; or (ii) that User has violated the
rights of Company or its third party service providers or other Users or
parties. User further agrees that Company and its third party service providers
may terminate User's password, account, or use of the Services when User fails
to provide payment for the service.
(b) User agrees Company and Client may immediately delete User's account and all
related information, communications, and files, and may bar any further access
to such account, communications, files, or the Services under any provision of
this Agreement. User also acknowledges and agrees that termination of any of the
Services may be effected without prior notice.
11. LINKS
The Services may provide, or users may include in email, links to other Web
sites or resources. However, User agrees not to include in email (or elsewhere
via the Services) any "deep link" which leads to a web page, other than the home
page, of another party's web site unless such a link is authorized by the owner
of that web site. User acknowledges and agrees that Company and its third party
service providers are not responsible for the availability of such external
sites or resources, or for User's use of deep links, and that Company, Client,
and their third party service providers do not endorse and are not responsible
or liable for any content, advertising, products, or other materials on or
available from such sites or resources.
12. COMPANY'S PROPRIETARY RIGHTS
User acknowledges and agrees that content, including, but not limited to, text,
software, music, sound, photographs, graphics, video, or other material
contained in sponsor advertisements or information presented to User through the
Services or third party advertisers is protected by copyrights, trademarks,
service marks, patents, or other proprietary rights and laws. User acknowledges
and agrees that User is permitted to use this material and information only as
expressly authorized by Company or advertisers, as applicable, and may not copy,
reproduce, transmit, distribute, or create derivative works of such content or
information without such express authorization.
13. DISCLAIMER OF WARRANTIES
(a) USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER'S SOLE RISK. THE
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
(b) COMPANY AND ITS THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT.
(c) COMPANY AND ITS THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT THE
SERVICES WILL MEET USER'S REQUIREMENTS OR THAT THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY OR ITS THIRD
PARTY SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN THE SOFTWARE WILL
BE CORRECTED.
(d) USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA, OR OTHER
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE SERVICES IS
OBTAINED AT USER'S OWN DISCRETION AND RISK, AND THAT USER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR ANY LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
(e) COMPANY AND ITS THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY
GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
(f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM
COMPANY OR ITS THIRD PARTY SERVICE PROVIDERS, OR THROUGH OR FROM THE SERVICES,
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
(g) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SOME USERS.
14. LIMITATION OF LIABILITY
(a) USER AGREES THAT COMPANYAND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING
FROM THE USE OR THE INABILITY TO USE THE SERVICES, OR FOR COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED
OR OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF
USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF COMPANY OR ITS THIRD PARTY
SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) USER FURTHER AGREES THAT COMPANY AND ITS THIRD PARTY SERVICE PROVIDERS SHALL
NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR
TERMINATION OF SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH
INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR
INTENTIONAL, INADVERTENT OR ADVERTENT.
(c) User acknowledges that Pursuant to Section 512 of the Digital Millennium
Copyright Act, Company has a policy providing for termination of Services to
account holders who are repeat offenders. However, USER ACKNOWLEDGES AND AGREES
THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR
TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i)
COMPLY WITH UNITED STATES COPYRIGHT ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY
FOR THE SAFE HARBORS DESIGNATED IN SECTION 512 OF THE DIGITAL MILLENNIUM
COPYRIGHT ACT.
(d) IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS
AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF $50.
(e) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO SOME USERS.
(h) Company may place limits on mail a user can send in a given period of time
in order to protect the health of the company's network. These limitations may
be different by the account type user has ordered.
15. AMENDMENT
Company may modify this Agreement at any time, and such modifications shall be
effective immediately upon posting or other method of notification to User,
which notice may be provided on the Web pages through which User accesses or
uses the Services. User's continued access or use of the Services shall be
deemed to be User's conclusive acceptance of the modified Agreement.
16. GENERAL
Company's third party service providers are intended beneficiaries of this
Agreement. This Agreement and the relationship between User and Company shall be
governed by the laws of the State of Nevada without regard to its conflict of
law provisions. User and Company agree to submit to the personal and exclusive
jurisdiction of the courts located within the state of Nevada. The failure of
Company and its third party service providers to exercise or enforce any right
or provision of this Agreement shall not constitute a waiver of such right or
provision. If any provision of this Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision
and rule that the other provisions of this Agreement remain in full force and
effect. User agrees that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Services or
this Agreement must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
Exhibit A
This agreement is subject to change without further notice.