Terms & Conditions Pay Per Visit Email
Terms & Conditions
1 Binding Agreement
The provisions of these Terms of Use constitute a legally binding agreement between you (the user of this site, or any of the products, or services provided by or made available on this site) and Pay Per Visit Email, LLC, a Florida limited liability company (“Pay Per Visit Email”). Your use of this site, including any of the products or services provided by or made available on this site, is subject to the terms, conditions, and other provisions of these Terms of Use. These Terms of Use contain important legal information concerning your rights, remedies, and obligations. By using this site, or any product, or service provided by or made available on this site, you agree to be bound by these Terms of Use.
2 Reservation of Right to Modify Terms of Use
Pay Per Visit Email reserves the right at any time to prospectively modify these Terms of Use by posting the modified Terms of Use on this site. The most recent version of the Terms of Use may be viewed by clicking on the “Terms of Use” hypertext link located at the bottom of the home page of this site. By using this site, or any product, or service provided by or made available on this site, you acknowledge that you have read, understand, and agree to be bound by these Terms of Use, as amended and in effect at the time. If you do not agree to be bound by these Terms of Use, as amended and in effect at the time, do not continue to use this site or any product or service provided by or made available on this site.
3 Use on Behalf of a Business Entity or Organization
If you are using this site or any product or service provided by or made available on this site on behalf of a business entity or other organization, you represent and warrant to Pay Per Visit Email that you have the legal authority to legally bind such business entity or other organization to these Terms of Use. In such event, both you, acting on behalf of the business entity or other organization, and the business entity or other organization for whom you act, are bound by these Terms of Use and references in these Terms of Use to “you” or “your” refer to both you, acting on behalf of the business entity or other organization, and the business entity or other organization for whom you act. If you fail to have the legal authority to bind such business entity or other organization, you agree that these Terms of Use are binding upon you in your individual capacity.
4 Payment Methods.
You must pay for products or services provided by this site by the use of a valid credit card accepted by Pay Per Visit Email or using a PayPal account. If you use the Pay Per Visit Email service provided by this site, your credit card or PayPal account will be charged for this service within one hundred and twenty (120) hours after your use of the service to transmit electronic mail messages, based on the applicable click through rate to the website that is linked in the electronic mail message. At least three (3) links to a website are required for a valid email campaign. No refunds will be provided, as Pay Per Visit Email charges you only if the recipient of the electronic email message clicks on a link to the website contained in the electronic mail message. The is no cancellation of an email campaign once it is sent. Email campaigns are processed immediately upon choosing "Save and Send" option. If Pay Per Visit Email is unable to process the credit card or PayPal account payment, Pay Per Visit Email will immediately disable your account and notify you by email at the email address specified in your account information. You are responsible for paying all charges incurred through the use of any product or service provided by this site.
5 No Unlawful Use; Compliance with Law
You may not use this site, or any product, or service provided by or made available on this site for any unlawful purpose. You agree to comply with all applicable law governing your use of this site, or any product, or service provided by or made available on this site.
6 CAN-SPAM Act Compliance
The United States Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, as amended, 15 U.S.C. 7701 et seq. (the CAN-SPAM Act) applies to any “commercial electronic mail message” which is defined as any electronic mail message (e.g., email) the primary purpose of which is the commercial advertisement or promotion of a commercial product, or service (including content on an Internet site operated for a commercial purpose).
Excepted from the definition of a “commercial electronic mail message” is a “transactional or relationship message,” which is defined as an electronic mail message the primary purpose of which is—
(a) to facilitate, complete, or confirm a commercial transaction that the recipient has previously agreed to enter into with the sender;
(b) to provide warranty information, product recall information, or safety or security information with respect to a commercial product, or service used or purchased by the recipient;
(c) to provide (i) notification concerning a change in the terms or features of; (ii) notification of a change in the recipient's standing or status with respect to; or (iii) at regular periodic intervals, account balance information or other type of account statement with respect to, a subscription, membership, account, loan, or comparable ongoing commercial relationship involving the ongoing purchase or use by the recipient of products or services offered by the sender;
(d) to provide information directly related to an employment relationship or related benefit plan in which the recipient is currently involved, participating, or enrolled; or
(e) to deliver goods or services, including product updates or upgrades, that the recipient is entitled to receive under the terms of a transaction that the recipient has previously agreed to enter into with the sender.
The term “initiate”, when used in these Terms and Conditions, means to originate or transmit an electronic mail message or to procure the origination or transmission of an electronic mail message.
You acknowledge, and warrant that you are the “sender” (within the meaning of the CAN-SPAM Act) of each commercial electronic mail message that you upload to this site or that you send or transmit using this site or any product, or service provided by or made available on this site, being the person who initiates the commercial electronic mail message and whose product, service, or Internet site is advertised or promoted by the commercial electronic mail message.
You agree—
(a) not to send or transmit or upload to this site or use this site or any product, or service provided by or made available on this site to send or transmit any commercial electronic mail message, any transactional or relationship message, or other electronic mail message that—
(i) contains, or is accompanied by, header information that is materially false or materially misleading, including any information relating to the source, destination, and routing information, including the originating domain name and originating electronic mail address, and any other information that appears in the line identifying, or purporting to identify, a person initiating the message;
(ii) that contains a “from” line (the line identifying or purporting to identify a person initiating the message) that does not accurately identify the person who initiated the message; or
(iii) that contains a subject heading that will likely mislead the recipient;
(b) not to initiate the transmission of any commercial electronic mail message without the prior “affirmative consent” (within the meaning of the CAN-SPAM Act) of the recipient, unless the message provides—
(i) clear and conspicuous identification that the message is an advertisement or solicitation;
(ii) clear and conspicuous notice of the opportunity to decline to receive further commercial electronic mail messages from the sender; and
(ii) a valid physical postal address of the sender;
(c) not to initiate the transmission of a commercial electronic mail message that does not contain a functioning return electronic mail address or other Internet-based mechanism, clearly and conspicuously displayed, that (i) a recipient may use to submit, in a manner specified in the message, a reply electronic mail message or other form of Internet-based communication requesting not to receive future commercial electronic mail messages from that sender at the electronic mail address where the message was received; and (ii) remains capable of receiving such messages or communications for no less than 30 days after the transmission of the original message.
(f) that after ten (10) business days after the receipt of a request from a recipient not to receive some or any commercial electronic mail messages or other electronic messages from the sender, you shall not, directly or indirectly, initiate the transmission or engage any person acting on your behalf to initiate the transmission to the recipient of a commercial electronic mail message or other electronic messages that falls within the scope of the request without the prior “affirmative consent” of the recipient, or otherwise engage in any activity in relation thereto prohibited by the CAN-SPAM Act.
(g) not to use scripts or other automated means to register for multiple electronic mail accounts or online user accounts from which to transmit, or enable another person to transmit, a commercial electronic mail message using this site or any product, or service provided by or made available on this site that violates the CAN-SPAM Act or other applicable law.
(h) not to use any electronic mail address to transmit or send any electronic mail message to a recipient using this site or any product, or service provided by or made available on this site if the electronic mail address of the recipient was obtained using an automated means (i) from an Internet website or proprietary online service operated by another person, and such website or online service included, at the time the address was obtained, a notice stating that the operator of such website or online service will not give, sell, or otherwise transfer addresses maintained by such website or online service to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages; or (ii) that generates possible electronic mail addresses by combining names, letters, or numbers into numerous permutations.
(i) not to use this site or any product, or service provided by or made available on this site to relay or retransmit a commercial electronic mail message that violates these Terms of Use, the CAN-SPAM Act, or other applicable law.
(j) not to offer or pay any consideration (including, but not being limited to, things of nominal value), do any affirmative act, or make any explicit statement, that is designed to urge or induce the recipient of a commercial electronic mail message to forward the message to another.
7 Responsibility for Content
You are solely responsible for the content you upload to this site or that you send or transmit using this site or any product, or service provided by or made available on this site. You agree not to (i) upload to this site or send or transmit using this site or any product, or service provided by or made available on this site any content that is threatening, harassing, harmful, abusive, vulgar, obscene, lewd, lascivious, pornographic, tortuous, defamatory, libelous, racist, offensive, or objectionable, or that promotes violence against any individual, government, or other person; (ii) make in connection with your use of this site or any product, or service provided by or made available on this site any illegal disclosure of information relating to an individual or otherwise; (iii) upload to this site or send or transmit using this site or any product, or service provided by or made available on this site any content that violates or infringes upon or misappropriates anyone's intellectual property or other proprietary rights or the privacy or publicity rights of any individual, or (iv) upload to this site or send or transmit using this site or any product, or service provided by or made available on this site any content that may give rise to civil or criminal liability on the part of Pay Per Visit Email, or which violates any law. Upon transmission of any electronic mail message using any product or service provided on this site, Pay Per Visit Email may destroy all content relating to such electronic mail message provided by you including the associated email address. Pay Per Visit Email has no obligation to monitor the content you upload to this site or send or transmit to Pay Per Visit Email but Pay Per Visit Email may do so and may block, and destroy any electronic mail message which does not comply with these Terms of Use, as determined by Pay Per Visit Email in the exercise of its sole and absolute discretion. You agree to backup all content uploaded to this site or sent or transmitted to this site. You assume full responsibility for any loss, theft, or destruction of any such content, and Pay Per Visit Email has no liability or obligation to you for any loss, theft, or destruction of such content.
There are some industries that send content that result in higher than normal bounce rates and SPAM abuse complaints. Sending emails from these senders jeopardizes the sender reputation of our entire system. As such, we reserve the right to not send email campaigns that reflect content to represent these types of products or services. Some of these businesss and industries include (but are not limited to):
- Illegal goods and services
- Escort and dating service
- Pharmaceutical products
- Work from home, Internet Lead-gen, make money on online opportunities,etc.
- Online trading, day trading or stock market related content
- Gambling services, products or education
- Multi-level marketing
- Credit repair, get out of debt content
- Pornography or nudity in content
- List brokers or list rental services
- Adult novelty items
8 Proprietary Rights in Site Content
All content on this site is the proprietary property of Pay Per Visit Email or its licensors, and is protected by copyright under United States, or foreign law or both. You have no right to reproduce, distribute, create derivative or collective works of, or publicly display or perform any information or other content made available on this site.
9 Use of the Internet
Your use of this site, and any product, or service provided by or made available on this site, is at your own risk. You understand that transmission of data or information (including communications by electronic mail message (e.g., email) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Pay Per Visit Email does not assume any liability or obligation for any disclosure or interception of information or loss, damage, or injury that you may incur as a result of any transmissions over the Internet or other publicly accessible networks in connection with your use of this site, or any product, or service provided by or made available on this site.
10 Law Defined
The term “law” as used in these Terms of Use means any statute, law, ordinance, treaty, principle of common law, rule, or regulation, whether foreign or domestic; any court order, writ, judgment, injunction, decree, or award; and all other valid requirements of governmental authority including any supranational, international, national, or federal, legislative, regulatory, administrative, judicial (including, but not being limited to, any court or tribunal of competent jurisdiction), or other governmental authority, whether foreign or domestic; each state, county, municipality, and other political subdivision thereof; any governmental body, agency, authority, ministry, bureau, department, commission, instrumentality, or officer thereof exercising executive, legislative, judicial, regulatory, taxing, or administrative functions, and any quasi governmental or regulatory agency, body or authority.
11 Headings
Paragraph, section and other headings used in these Terms of Use are used for convenience only, and are not to be construed as limiting these Terms of Use or any of its several paragraphs, sections or other parts to the provisions described by those headings.
12 Foreign Jurisdictions
This site is based in the United States. If you access this site from a foreign jurisdiction or send or transmit or upload to this site any content from a foreign jurisdiction or send or transmit any content to a foreign jurisdiction, you are responsible for complying with the law of the foreign jurisdiction.
13 European Union, and Swiss Safe Harbor Compliance
Policy under development.
14 Password Security
When you apply for an account and register, you will be asked to provide a user name and password. You agree to provide accurate, current, and complete information when requested during registration, and to keep that information accurate, current, and complete at all times. You are responsible for maintaining the confidentiality of your password and are solely responsible for all use of this site or any product or service provided by or made available on this site that is obtained by use of your user name and password, whether authorized or unauthorized by you. You agree immediately to notify Pay Per Visit Email of any unauthorized use of your user name or password.
15 Other Limitations on Use; Conduct
You agree that you will not: (a) use this site for any unlawful or improper purpose, (b) use this site to distribute or transmit any pyramid scheme, or chain letter, (b) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content upload to this site, (c) misrepresent your affiliation with a person or entity, (d) act in a manner that negatively affects other users’ ability to use the site or which is designed to or interferes with or interrupts the site or any product, or service provided on the site or the servers or networks connected to the site, or (e) upload or otherwise transmit content which contains software viruses, malware, or other destructive or deleterious programming routine, file, or program, or which is designed to interrupt, destroy, or limit the functionality of the site or the servers or networks connected to the site.
16 Third Party Sites, Products, and Services
This site may contain links to a sites maintained by third party providers of products or services, including content. Pay Per Visit Email is not in control of these third party sites or providers and is not responsible for the performance or any failure of performance by the third party provider. Pay Per Visit Email does not warrant that product, or service descriptions or other content of this site or any site linked from or to this site is accurate, complete, reliable, current, or error-free. The fact that Pay Per Visit Email provides a link to a third party’s site is not an endorsement, authorization, sponsorship, or affiliation with respect to that site, its owners, or its providers. When you purchase a product, or service on the third party’s site, you understand and agree that you are purchasing that product, or service directly from the third party and not Pay Per Visit Email. Pay Per Visit Email is not in control of these third party sites or providers and is not responsible for the performance or any failure of performance by the third party provider. The linked site may contain terms of use, a privacy policy, and other provisions relating to your use of the linked site and the products and services available from the linked site. Pay Per Visit Email is not responsible for those provisions, and expressly disclaims any and all liability relating to those provisions. Pay Per Visit Email encourages you to read the provisions contained on the third party’s site including the privacy policy, and terms of use, as the third party’s privacy policy, and terms of use may be materially different from those of Pay Per Visit Email. However, insofar as it relates to this site, Pay Per Visit Email, or Pay Per Visit Email’s facilitating your obtaining third party products and services through Pay Per Visit Email’s site, Pay Per Visit Email’s Terms of Use, and Privacy Policy control. References to “product(s)” in these Terms of Use include (but are not limited to) software and electronic media.
17 Limitation of Liability
You agree that use of this site, or any product, or service made available on or through this site, is at your own risk. To the maximum extent permitted by applicable law, This site and all information, content, materials, products, and services made available to you on or through this site are provided by or made available by Pay Per Visit Email on an “AS IS” and “WITH ALL FAULTS” basis. To the maximum extent permitted by applicable law, Pay Per Visit Email disclaims and excludes all warranties and conditions, whether express, implied, statutory or otherwise, relating to this site, Your use of this Site, and any product, or service obtained on or through this Site, including all warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, title, and non-infringement, or arising out of any course of dealing or usage of trade or by course of performance.
You agree that Pay Per Visit Email is not the provider of the products and services obtained by you through this site from third parties. You agree that any and all claims regarding any failure or breach with respect to the products and services offered through this site from third parties are limited to claims against the third party providing those products or services. Pay Per Visit Email disclaims any liability, whether based on contract, tort, strict liability or otherwise, including (but not being limited to) liability for any direct, special, incidental, indirect, collateral, consequential, special, exemplary, or punitive damages, whether in an action of contract, equity, strict liability, statutory, tort (including negligence), or other theory of liability (including, but not being limited to, breach of warranty), in connection with the products or services provided by or made available by any third party through this site, including (but not being limited to) liability for any act, error or omission of such third party, and you hereby release and exonerate Pay Per Visit Email from any liability with respect thereto.
You agree that, to the maximum extent permitted by applicable law, Pay Per Visit Email is not liable for any special, incidental, indirect, collateral, consequential, special, exemplary, or punitive damages, whether in an action of contract, equity, strict liability, statutory, tort (including negligence), or other theory of liability (including breach of warranty), incurred by you or any other Person arising out of, relating to, or in any way connected with this site, your use of this site or any site linked from or to this site, or any product, or service obtained on or through this site or any site linked from or to this site, even if Pay Per Visit Email has been advised of the possibility of those damages. These limitations and exclusions apply notwithstanding the failure of essential purpose of any remedy or any breach or default by Pay Per Visit Email or any third Party provider.
Some States do not allow the limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to You.
You agree that, to the maximum extent permitted by applicable law, you will not bring, request, join or participate in a class action or class arbitration proceeding as to any claim, demand, suit, or cause of action you may have against Pay Per Visit Email arising out of, relating to, or in any way connected with, this site or any product, or service obtained on, or through this site, and you waive and relinquish any right you may now or in the future have to bring, request, join, or participate in any lawsuit or arbitration or other proceeding on a class action or consolidated basis or to participate as a representative or member of any class of claimants pertaining to any claim, demand, suit, or cause of action arising out of, relating to, or in any way connected with, your use of this site, or any product, or service obtained on or through this site. This provision does not constitute a waiver of any of your rights and remedies to pursue a claim individually, and not on a class action, class arbitration or consolidated basis or as a representative or member of any class of claimants.
18 Indemnification
You agree to indemnify and hold harmless Pay Per Visit Email, it subsidiaries, and affiliates, and their respective managers, members, shareholders, officers, directors, employees, agents, servants, and contractors (each an “Indemnified Person”) from and against (i) any and all liability, loss, injury, damage, cost, expense (including, but not being limited to, reasonable attorney's fees, and costs), that may be imposed upon or incurred by the Indemnified Person, and (ii) any claim or demand made by third party, that arises out of, is connected with, or in any manner related to your use of this site or any product or service provided by or made available on this site, your conduct in relation to this site, or any product or service provided by or made available on this site, your uploading of content on this site, your violation of these Terms of Use, your violation of the rights of any other person, or your violation of law. Your liability for indemnification survives any termination of your account or registration.
19 Reservation of Rights
All rights not expressly granted to you by these Terms of Use are reserved by Pay Per Visit Email. Pay Per Visit Email reserves the right at all times to suspend or terminate your access to the site, registration, or account, without notice, for any reason whatsoever, with or without cause, in the exercise of Pay Per Visit Email’s sole and absolute discretion. Further, Pay Per Visit Email reserves the right at any time and from time to time to modify this site, or any product or service provided by or made available on this site, and their respective features and functionality, in whole or in part, without notice to you. Pay Per Visit Email will not be liable to you or any third party for any modification, suspension, or termination of access to this site, or loss of related information or other content.
20 Applicable Law
Florida law and controlling United States federal law govern any action or proceeding relating to these Terms of Use, and your use of the site, or any product, or service provided by or made available on the site. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under these Terms of Use. Any legal action or other judicial proceeding that is brought in relation to this site, these Terms of Use or your use or failure to use this site or any product or service provided by or made available on this site must be brought in Hillsborough County, Florida.
Each paragraph, section, provision, sentence, and part thereof of these Terms of Use is severable from each other paragraph, section, provision, sentence, or part thereof of these Terms of Use, and the invalidity or unenforceability of any such paragraph, section, provision, sentence, or part thereof, does not affect the validity or enforceability of the balance of these Terms of Use.
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