The following terms and conditions (these "Terms") govern the provision by Top Edge Services LLC ("Company") of the services and/or products that they offer through the web site ThisMailer.com and all subsequent pages found on said site.
By using this site or any others associated with ThisMailer.com, You hereby agree to the following:
Additionally, You agree to be bound to the following terms:
1. Indemnification. You agree to indemnify and hold harmless Company and the employees and agents of Company (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
2. Limitation on Company Liability. Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to You resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
3. Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
4. Notices. Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of Customer as set forth in the Service Descriptions or Company as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received, if sent by facsimile, (iii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (iv) five days after being sent, if sent by first class registered mail, return receipt requested. Top Edge Services LLC. 6296 Freedom Hill Way, Herriman UT 84096, Facsimile Number (800)371-6055.
5. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.
6. Miscellaneous. Failure by either Company or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
7. Ownership. The site's services provided including scripts, domain name, space on servers, etc. will remain the property of Company and Company only leases these services to Customer.
8. Content . You will be completely responsible for content associated with your account or sent or submitted from your account or uploaded to your account and will be responsible for making sure that the content of the site does NOT contain any of the following nor will advertising for ThisMailer.com be placed on sites with the following content:
a) Adult content: including links to or about partial and full nude people. This includes adult products similar to viagra or any sexual stimulant. This also includes any controled substance where the person would need to be an of a certain age to purchase the product.
b) Offensive content: content or links to content that may be offensive to some people.
c) Illegal content: content or links to copyrighted information where the owner does not own the copyright, or other content that may be illegal.
d) Unethical content: content or links to content that may not be illegal but is not fair to others (example: sites that teach how to cheat other companies or people. Sites that sell spam methods) etc.
9. Be Polite and Professional. Company can terminate and ban an account if the people who use the account are not polite to others using ThisMailer.com or if they are not polite with Company. Differences and problems are bound to occure, but you agree to handle them in a polite and professional way.
UNSOLICITED EMAIL POLICY
All email coming from ThisMailer.com must be to double opt-in email accounts only. Double opt-in means that the person opts-in by submitting their email address then confirms their opt-in by clicking a link in the email account. Any account that receives excessive SPAM complaints may be subject to termination without warning and without any refunds.
The personal information that you provide us will be shown to the persons that referred you and the persons that referred them.
We do not sell, rent or give your information to other companies or individuals (other than stated above) without your permission.
Unsolicited bulk mail (SPAM) is defined as contacting someone electronically (by email or other electronic means) that you have no prior relations with.
Buying a list from a business that claims that their list has opted in, to email through your own methods is still considered SPAM.
The person has not opted in to receive emails from YOU.
However, there are email services that will send ads out to THEIR OWN lists that have double opted-in.
These emailed ads must be Can SPAM Act compliant and must be made up of people that have opted in to this particular list.
RESELLER PROGRAM/LIMITED RESELLER RIGHTS
A reseller is a person who has paid for services from ThisMailer.com to any authorized entity. Whether the person intends to resell the services or not they must still abide by the following terms.
Each person who has bought this service has the rights to resell it contingent upon the following terms.
Resell rights can be revoked by Company without refund if Company feels that the reseller is not abiding by these terms and all rules set in the site ThisMailer.com.
Therefore, resellers will keep all of these terms and any rules set in the site ThisMailer.com.
Resellers will not discount nor rebate the costs of services of ThisMailer.com for more than it is shown on the site ThisMailer.com.
Resellers will not sell to themselves nor to any close family members nor anyone in the same household.
Resellers will not give away these services for free.
A reseller is independent and does not own any portion of ThisMailer.com.
The only thing being sold by the resellers is services offered on ThisMailer.com
Resellers will not speak for, or in behalf of ThisMailer.com or Company.
Reseller will not misrepresent or make any claims about ThisMailer.com nor Company.
Resellers will not issue refunds unless in special circumstances where Company asks the reseller to issue a refund.
Resellers agree as stated above that there are no refunds for these services.
Resellers agree that the person or company that referred the reseller and Company can sell other services to the reseller's referrals.
Resellers agree that Top Edge Services LLC can sell products/services to the reseller's referrals.
Reseller agrees that each payment made is for 1 (one) year only and that once the year has expired more time can be added or the reseller's services at ThisMailer.com and the resell rights will expire.
After an account expires, any advertising to to the reseller's referral page will redirect to Company's referral's page.
Company is not responsible for misdirected referrals or referrals that switch resellers either on purpose or by mistake.
Resellers will not use unsolicited bulk mail (SPAM) to advertise ThisMailer.com (SEE ABOVE SECTION 'UNSOLICITED EMAIL POLICY').
Resellers will not advertise ThisMailer.com or redirecting links that direct to ThisMailer on adult/porn, hate, offensive or otherwise websites that sell or promote illegal actions.
ANY AND ALL CLAIMS OR REPRESENTATIONS AS TO INCOME EARNINGS USING ThisMailer.COM ARE TO BE CONSIDERED EXCEPTIONAL RESULTS AND NOT AVERAGE EARNINGS. YOUR INDIVIDUAL RESULTS MAY VARY. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING ThisMailer.COM. ThisMailer.COM DOES NOT GUARANTEE (NEITHER DIRECT NO IMPLIED) ANY INCOME BY USING ThisMailer.COM. EARNINGS ARE BASED ON YOUR EFFORTS AND MAY BE EFFECTED BY THE EFFORTS OF THOSE YOU REFER AS WELL.
The following Countries are US Embargoed
and can not have an account at ThisMailer.com:
Cuba, Iran, Myanmar (Burma), North Korea (Democratic People's Republic of Korea), Sudan, Syria
These terms of service may be updated and modified at anytime and it is your responsibilty to review these terms of service often.