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------------------------------------------------------------------------------- Towncrier Subscription Terms of Service. Conditions. ------------------------------------------------------------------------------- Modified 9-15-2004 Effective Immediately ---> WE STRONGLY RECOMMEND THAT YOU READ THIS "TERMS OF SERVICE" ---> SECTION *TWICE* SO THAT THERE ARE ABSOLUTELY NO MISUNDERSTANDINGS ---> AS TO THE ACCEPTABLE USE OF THE TOWNCRIER SYSTEM! ------------------------------------------------------------------------------- PRIVACY. ------------------------------------------------------------------------------- It is our intention to fully comply with the requirements of all jurisdictions particularly the U.S. Can-Spam act and Canada's Privacy legislation. Any information that you have supplied will be kept in the strictest confidence and will not ever be disclosed to anyone except as required under a court order. ------------------------------------------------------------------------------- GENERAL. ------------------------------------------------------------------------------- These terms of service are for the protection of all Towncrier subscribers and not intended to be any infringement of any rights. This is a legal agreement between you (Herein after referred to as "Sunscriber"). and Towncrier Broadcasting Group. It's heirs,successors representatives and or assigns (referred herein as "Towncrier"), for supply and use of various internet information delivery tools (referred herein as 'Services'). Towncrier is a privately owned facility and reserves all rights of acceptance of any use or delivery of any product or service through it's facilities. Pornography and products of an "adult" nature are not welcomed and will be removed. Ordering a professional service or signing up for complimentary products constitutes your agreement with the terms and conditions of this Agreement. If you do not agree to all of the terms and conditions herein. Do not place an order or sign up for any service. You must use an ISP supplied eMail address when enrolling. "Free" addresses such as Hotmail, netaddress, Mail.com etc can not be accommodated. If we discover a subscription using free addresses. Your service will be suspended. Use your [BACK] button for previous screen ------------------------------------------------------------------------------- THE SERVICE ------------------------------------------------------------------------------- The Service consists of autoresponder account(s), site referral scripts and/or other information delivery products hosted on Towncrier facilities and accessed from the subscriber's site and delivered from Towncrier facilities including address (or addresses) of Towncrier's domains and/or internet sites. ------------------------------------------------------------------------------- GENERAL ------------------------------------------------------------------------------- All products and services offered through Towncrier facilities are delivered without Towncrier scrutiny or approval. Towncrier exercises no control whatsoever over the information and data passing through its facilities (including but not limited to the Service, World Wide Web domains of Towncrier their Internet server and Internet backbone). If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of Towncrier in operating the Service, your sole and exclusive remedy is to discontinue using the Service. This agreement shall be governed by the laws of the Province of Ontario (Canada). Any disputes arising shall be settled by a mediator skilled in e-Commerce mediation. ------------------------------------------------------------------------------- PAYMENT TERMS. ------------------------------------------------------------------------------- All invoices are presented when the service has been provided and are due when presented. Should any amounts be outstanding more than 30 days past due; Towncrier shall have the option of suspending service and or offering the work performed to another purchaser with any amounts received over the outstanding balance retained by Towncrier as liquidated damages. ------------------------------------------------------------------------------- USER RESPONSIBILITIES ------------------------------------------------------------------------------- You are solely responsible for all Service activities while using Towncrier's systems. Possession and usage of all information obtained from Towncrier (Including but not limited to Towncrier websites or other facilities). is at your own risk. You are not allowed to let others access and use the Service, nor make your password visible to others. You may not attempt to find out the password of another user of the Service. ------------------------------------------------------------------------------- COPYRIGHTED MATERIALS. ------------------------------------------------------------------------------- The subscriber herein warranties that they have full rights of reproduction to any materials they have supplied to us including but not limited to: logos, pictures, and body copy and will idemnify Towncrier and save Towncrier harmless against all claims and actions arising from the use of these materials. Permission is hereby granted to Towncrier to use any images text and materials supplied by the user or that the user has on public display. ------------------------------------------------------------------------------- DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES, INDEMNIFICATION ------------------------------------------------------------------------------- TOWNCRIER DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TOWNCRIER WILL NOT BE RESPONSIBLE FOR ANY LOSSES, DAMAGES OR COSTS THAT YOU AND/OR YOUR BUSINESS MAY SUFFER WHEN USING THE SERVICE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TOWNCRIER FROM ANY CLAIMS RESULTING FROM YOUR USE THE SERVICE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER TOWNCRIER NOR ITS SERVICE PROVIDERS, AGENTS, LICENSORS, EMPLOYEES AND OR ASSIGNS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE USE OR MISUSE OF THE SERVICE. ------------------------------------------------------------------------------- RULES OF THE ROAD ------------------------------------------------------------------------------- The Service may be used for lawful purposes only. Transmission or storage of any material in violation of any international, federal or any state law or regulation is expressly prohibited. Towncrier has a ZERO-TOLERANCE SPAM Policy! We MEAN it! YOU MAY NOT USE THIS SERVICE, DIRECTLY OR INDIRECTLY, FOR SPAM ACTIVITIES! YOU MAY NOT USE YOUR TOWNCRIER AUTORESPONDER TO PROMOTE SPAM-RELATED PRODUCTS! SPAM is defined as one or more commercial or noncommercial unsolicited electronic messages. You may not reference your Towncrier address in any unsolicited electronic messages. You may not cause Towncrier to send any unsolicited electronic messages. You may not do anything that would cause people to complain about your advertising practices. You may not use Towncrier to promote products or services that are designed to assist people in sending unsolicited electronic messages. THIS INCLUDES SO-CALLED "TARGETED" MAILING LISTS! IF YOU DO NOT RECEIVE EXPLICIT PERMISSION TO SEND EMAIL TO *EVERYONE* ON YOUR LIST, THEN YOU ARE IN VIOLATION OF THIS POLICY! In other words, you may not cause any messages to be sent to anyone unless they explicitly ask for said message! Towncrier supplies complete "sender" information to it's subscribers which includes Name, eMail address, date/time and I.P. addresses. It is strongly recommended that you retain these records as insurance. YOU MAY NOT USE YOUR AUTORESPONDER ADDRESS AS YOUR "RETURN" ADDRESS! In other words, you may not create a scenario in which Towncrier handles "replies" and/or undeliverable messages. Towncrier addresses may be REFERENCED in the BODY of your materials. It must not be used as a "reply address", "from address", or "return address". WHEN USING AUTOMATED SUBMISSION TOOLS, YOU MAY ONLY REFERENCE YOUR AUTORESPONDER ONLY IN THE BODY OF YOUR AD. ** NOT IN THE HEADERS ** In other words, you may not use any Towncrier address as your "real email address" when submitting ads via FFA Blasters, link submitters, ad submitters, etc. This is very important! When you use an automatic submission program, the sites that post your submission will generally send back a confirmation notice to your "real email address". You cannot create a scenario in which Towncrier "replies back" to these confirmations. You must use your "real email address" to receive said confirmations. If you violate this rule, you will generate a tremendous amount of traffic and you will slow down the whole system. Furthermore, this action may cause never-ending loops which can damage several services used in the submission process. You can, however, use your Towncrier address in the BODY of your submissions. YOU MAY NOT USE YOUR AUTORESPONDER AS A "REMOVE" ADDRESS UNDER ANY CIRCUMSTANCE! In other words, if you maintain email lists, you may not reference your Towncrier address as an "unsubscribe" address. NOW THAT YOU ARE AWARE THAT YOUR LICENSE TO USE THIS SERVICE STRICTLY PROHIBITS THESE ACTIVITIES... IF YOU BLATANTLY BREAK ANY OF THESE RULES, YOU MAY BE SUED AND CHARGES MAY BE LODGED AGAINST YOU FOR FRAUD. Towncrier has the right to modify these terms at any time with no prior notice. Towncrier has the right to cancel any account, for any reason, with no prior notice. If your account is canceled, your license to use the Towncrier service and/or name is permanently revoked. ------------------------------------------------------------------------------- If you don't understand all of the preceding Terms of Service, you can stay out of trouble if you adhere to the following general rule.... ------------------------------------------------------------------------------- Do not use Towncrier to send or promote anything that could possibly be considered illegal. Do not cause a scenario in which Towncrier sends email to anyone unless they specifically expect a response from your autoresponder. Do not promote your autoresponder via any technique which could possibly generate complaints. ------------------------------------------------------------------------------- Places where you can and should promote your website and autoresponder. ------------------------------------------------------------------------------- Your own web pages. Online classified ads Appropriate newsgroups that allow ads Appropriate email discussion lists that allow ads Your Sig lines in email correspondence Special opt-in email broadcast services which Towncrier may offer, from time to time. Your business card & letterhead Classy sign on the rear of your vehicles. Your offline advertising campaigns ------------------------------------------------------------------------------- LOCATION OF RECORDS. ------------------------------------------------------------------------------- Storage of supplied data is kept at the facilities of Globespan Broadcasting. Should you wish to see the information that you have supplied and we have stored: Send your request in writing by regular mail to: Data security officer. Globespan Broadcasting. 81 Lakeshore Road East, Suite 127 Mississauga, ON L5G 4S7. Canada. No fee is charged. Please allow 2 weeks for delivery. ------------------------------------------------------------------------------- In Closing... ------------------------------------------------------------------------------- If you have any questions about these policies, you are invited to email Towncrier@s90798858.onlinehome.us with "Towncrier/Help" on the subject line. These terms and conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Should any conditions herein be in contravention of any Federal, State/Provincial, Municipal or any other law or legally required regulation. The offending clause shall be removed without affecting the remaining clauses.



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