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SITE OWNER AGREEMENT AND SOFTWARE LICENSE TERMS


prtoday.net (PRtoday) provides small and medium sized businesses and organisations a variety of tools and resources to collect visitor email addresses and to create, launch, manage online email campaigns, create, manage Press Releases and collation, hosting and management of on-line highscores. This service may not be used for the sending of unsolicited email (sometimes called "spam"). See our Anti-Spam Policy.

The following are the terms and conditions for use of the Services. By clicking the 'I accept these terms and conditions' button on the sign-up page or by logging in to PRtoday, you accept these terms and conditions.

1. Acknowledgements


Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:

  • PRtoday may not be used for the sending of unsolicited email (sometimes called "spam").
  • PRtoday may only be used for lawful purposes.
  • Your use of the Service is subject to the Prohibited Content and Commerce Statement.
  • The Services will be subject to monthly subscription fees ("Paid Services") once you have completed your have exceeded the free subscriber quota.
  • PRtoday will not use your customer list/subscriber list or any other customer information for any other purposes than those intended with the Service.
  • You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email.
  • You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used) in connection with your use of the Services.
  • You will adopt and maintain the Privacy Policy, which may be modified by PRtoday from time to time.
2. Services and Support


2.1 The Services are provided subject to this Agreement, as it may be amended by PRtoday, and any guidelines, rules or operating policies that PRtoday may establish and post from time to time (the "Agreement"), including without limitation PRtoday's Email Privacy Policy, as linked from all email generated from PRtoday or otherwise furnished to you (the "Policy") (unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the prtoday.net website, or otherwise providing notice to you, PRtoday may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services in its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service or at PRtoday's website.

2.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.

2.3 You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. You are responsible for maintaining the security of your account, passwords, and files.

3. Free Trial, Fees and Payment


3.1 Once you have exceeded the free subscriber quota for iNET and or iNewsletter, you will be subject to monthly subscription fees. Access to the Services will be disabled until payment is received. If the subscription is cancelled by you the service will be disabled with immediate effect.

3.2 You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by PRtoday. The Fee Schedule, including quota levels and prices, is subject to change at any time at PRtoday's discretion. PRtoday will attempt to notify you via email prior to the effectiveness of any change to the Fee Schedule.

3.3 Fees are payable in US dollars via PayPal. If PRtoday is for any reason unable to effect automatic payment, PRtoday will attempt to notify you via email and your PRtoday account will be disabled until payment is received. Amounts paid for the Services are not refundable.

3.4 You acknowledge and agree that you are responsible for paying Fees for all quota used in PRtoday, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party.

4. Restrictions and Responsibilities


4.1 PRtoday will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties unless required by law.

4.2 This is an Agreement for Software and Services. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.

Unless you are an authorised PRtoday Reseller, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Services or the Software, or any content, including but not limited to newsletters, distributed to you by PRtoday in connection with the Services. Violation of these restrictions may result in the termination of this Agreement. A full license agreement is supplied with any such software.

4.3 The Services shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Services or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.

4.4 You acknowledge and agree that the Services and the PRtoday company names and logos and all related product and service names, design marks and slogans, are the property of PRtoday or its affiliates or suppliers (collectively, the "Marks"). You are not authorised to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of PRtoday. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks.

4.5 You represent, covenant, and warrant that you will use the Software and Services only in compliance with the Agreement and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). You agree you will not access or otherwise use third-party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless PRtoday and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services or Software. In addition, you acknowledge and agree that PRtoday has the right to seek damages when you use the Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. Although PRtoday has no obligation to monitor the content provided by you or your use of the Services, PRtoday may do so and may remove any such content or prohibit any use of the Software and Services it believes may be (or is alleged to be) in violation of the foregoing.

4.6 The Software and Services may only be used for lawful purposes. Transmission or solicitation of any material that violates laws that may apply in this jurisdiction or your local area is prohibited. Furthermore, the Services must not be used for purposes outlined in PRtoday's Prohibited Content and Commerce Statement, the terms of which are incorporated into this Agreement by reference.

4.7 For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating "Powered by PRtoday" or a similar message. You agree to cooperate with and provide reasonable assistance to PRtoday in promoting and advertising the Services.

4.8 In using the varied features of the Software and Services, you may provide information (such as name, contact information, or other registration information) to PRtoday. PRtoday may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Software and Services as a result of solicitation by a Marketing Partner of PRtoday, PRtoday may share your information with the Marketing Partner and the Marketing Partner may share information with PRtoday. PRtoday will not provide information to companies you have not authoriaed for that purpose unless required by law or if you are terminated from PRtoday due to unsolicited commercial email being sent from your PRtoday account.

5. Termination


5.1 You may terminate this Agreement at any time. There are no refunds for any fees paid.

5.2 PRtoday may terminate this Agreement or the Services, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. PRtoday shall have no liability to you or any third party because of such termination or action.

5.3 PRtoday will delete any of your archived data within 30 days after the date of termination. PRtoday will provide upon request the list of unsubscribe requests from your last campaign. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

5.4 If your account is classified (at PRtoday's sole discretion) as inactive for over 120 days, PRtoday has the right to permanently remove your subscriber data. PRtoday will attempt to contact you via email prior to taking any permanent removal actions.

6. Warranty Disclaimer; Remedies


USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. PRtoday DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND PRtoday DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for PRtoday to use commercially reasonable efforts to adjust or repair the Services.

7. Limitation of Liability


TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PRtoday OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "PRtoday") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF PRtoday SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, PRtoday IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF PRtoday TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

8. Miscellaneous


8.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

8.2 PRtoday and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

8.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind PRtoday in any respect whatsoever.

8.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

8.5 The Agreement shall be governed by the laws of the United Kingdom without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the United Kingdom.

8.6 PRtoday (prtoday.net) is a trade name of Indiepath Ltd, UK.
 
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