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A Division of Home Income Quarterly and The Entrepreneur's Home Business Link



Terms of Use


This Terms of Use is a legal document between you, the subscriber/purchaser (referred herein as the "Client") and 123Response.com (referred herein as "123Response"), owned and operated by Home Income Quarterly, the Parent Company, a New Jersey company, for the use of autoresponder account services (referred herein as the "Service").

By signing up for our Paid Service you indicate your agreement with the terms and conditions of this Agreement.

THE 123RESPONSE SERVICE

The Service includes but may not be limited to an autoresponder account(s) assigned to an e-mail address(s) selected by the Client at 123Response.com. The Client has access to a web interface, known as the "Client Menu" that will allow him/her to modify account(s) settings and other information.

CLIENT RESPONSIBILITIES

Client is solely responsible for all service activities while utilizing the 123Response.com system. The usage of any or all information obtained from 123Response including but not limited to our web site is at your own risk.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES, INDEMNIFICATION. 123RESPONSE.COM 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. 123RESPONSE.COM 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 123RESPONSE.COM AND/OR OTHERS FROM ANY CLAIMS RESULTING FROM YOUR USE OF THIS SERVICE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER 123RESPONSE.COM NOR ITS SERVICE PROVIDERS, AGENTS, LICENSORS OR THEIR EMPLOYEES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE USE OR MISUSE OF THIS AUTORESPONDER SERVICE.

The transmission and/or storage of any information or material by the "Client", in violation of any United States Federal, State or City laws or International laws is expressly prohibited. This includes, but is not limited to copyrighted material, information or data, material legally judged to be threatening or obscene, or material protected by trade secret and other statues. Adult related materials are strictly prohibited. The Client agrees to indemnify and hold harmless 123Response.com and its Parent Company from any claims resulting from the use of the service which damages the Client or any other parties.

Home Income Quarterly will refund a Client's full purchase price of a Paid, Ad Free, Autoresponder within 30 days of purchase if purchaser is not fully satisfied with the 123Response.com service. Annual renewals will be billed automatically through or billing service unless client cancels his/her account through the billing company prior to the anniversary date. Any renewal payment not processed will result in having the autoresponder account placed in suspension.

REQUIREMENTS FOR INCLUSION OF CERTAIN INFORMATION IN MESSAGES

On December 16, 2003, a new law was signed by President of the United States, the "CAN-SPAM Act of 2003",and became effective on January 1, 2004.

The new law mandates that certain information be included in all commercial electronic email messages. If you are using the 123response system to email advertisements and/or solicitations of any type, your mailings are considered commercial email messages. As of January 1, 2004, the following information must be included in each of your messages:

 1. Clear and conspicuous identification that the message is an advertisement or solicitation (this does not apply to the transmission of a commercial electronic mail message if the recipient has given prior affirmative consent to receipt of the message);

 2. Clear and conspicuous notice of the opportunity to decline to receive further messages from the sender; and

 3. A valid physical postal address of the sender.


The new law provides that it will be unlawful to send any commercial email messages unless the above information is included in each message. Among other things, it also makes it unlawful to use false information in headers, false email addresses and false or misleading subject lines.

Effective immediately, all users sending commercial email messages through the 123response.com system are required to include Items 1 and 3 of the above required information and comply with the new law. Item 2 above, is automatically generated by our software and included in each message.

In respect to Item one above, it is your responsibility to maintain appropriate documentation that can show that an individual consented to receive your mailing if that is the case. It is not satisfactory to just declare that the individual opted in to your list. A showing of how, when and where by actual documentation will be needed if a claim is filed or SPAM complaint made. Purchasing an opt in list is not proof of consent that the individuals on the list consented to receive the information from you.

Any 123response.com user found to not have the required information in messages will have their autoresponder privileges suspended and given appropriate time to correct the message content. If they do not correct the messages, the service will be terminated without refund of service fees.


USAGE OF SERVICE

The Service may be used for lawful purposes only. Transmission or storage of pornography and sex-related content and merchandising and/or any material in violation of any international, federal or any state law or regulation is expressly prohibited.

We will not accept any new customers who publish pornographic images. We do not allow any pornographic content on our server, including but not limited to nude photographs, explicit language, or sexual fiction. If an existing customer publishes pornographic images, 123Response.com / Home Income Quarterly may suspend and/or cancel your account immediately.

Let's make this easy to understand: No site that promotes porn or nudity will be allowed on our servers, this includes BANNERS, CLICKER SITES, EDITORIALS, STORIES, NUDE PHOTOGRAPHS, EXPLICIT LANGUAGE, SEXUAL FICTION, or ANYTHING THAT 123RESPONSE.COM/HOME INCOME QUARTERLY DEEMS INAPPROPRIATE FOR OUR SERVERS. If an existing customer publishes pornographic images, we will remove your site from our server and all monies paid will be forfeited.

123Response.com and Home Income Quarterly has a ZERO TOLERANCE SPAM Policy!

SPAM, Bulk Email, Unsolicited Commercial Email - NO AUTORESPONDER MAINTAINED ON THE 123RESPONSE.COM will be permitted to submit or send SPAM of any type. This includes but is not limited to using our service in conjunction with any other BULK EMAIL submission service or software. The use of the 123response.com domain name or a 123response.com autoresponder email address in Spam or Bulk Email is STRICTLY PROHIBITED. If we receive a complaint of a SPAM or BULK EMAIL from an autoresponder maintained on our servers, the account will be subject to suspension and/or cancellation without notice. CLIENT MAY NOT USE THIS SERVICE, DIRECTLY OR INDIRECTLY, FOR SPAM ACTIVITIES! CLIENT MAY NOT USE A 123RESPONSE.COM AUTORESPONDER OR ITS SYSTEM TO PROMOTE SPAM-RELATED PRODUCTS!

Users of 123Response.com units MAY NOT use the "Import List" or "Mailing List" functions of their Client Menu to import purchased leads. Use of purchased leads is strictly prohibited. In addition, those users who upload a list which contains a list with a high percentage of Unknown or other problematic addresses causing excessive bounced email traffic to the system may be subject to suspension and/or termination of service without notice. 123Response.com is not a bulk email service nor do we condone the mailing of unsolicited commercial email.

Your 123Response.com address may NEVER be used as a "REPLY TO" or "RETURN" address. Client's 123Response address must be referenced only in the body of materials.

This includes the Client using his/her 123Response.com address to subscribe to newsletters, opt-in lists, posting to FFA's (Free For All Link pages), using FFA Blasters or FFA lists, ad submitters or as a return e-mail address in your e-mail program. Your 123Response address cannot be used as a confirmation address in these type activities, you must use a non-autoresponder address as a "Reply" address. Use of your 123Response address in violation of this policy could create never-ending loops, large amounts of traffic on our system as well as other systems causing damages to all involved. You agree not to use the Service in conjunction with FFA (Free-For-All links page) or any other similar concept.

Any action of this type WILL RESULT in immediate termination of Client's account without refund. Any loss of service to 123Response.com as a result of spamming will be billed to the offending party at the current legal amount. Client will also be in violation of the 123Response.com Terms of Use Agreement and subject to possible legal action.

You agree not to provide false or misleading information on the Service sign up form or in conjunction with the Client Menu functions. This includes, but is not limited to providing a false name or e-mail address in the "FROM" field. Accounts using non-existent email addresses or incomplete names and addresses will be deleted immediately. Make sure your information IS correct and complete.

GENERAL

All payments for the 123Response.com service must be in US dollars and drawn from a US bank. The Client is responsible for providing correct payment information. 123Response.com and Home Income Quarterly will not be held responsible should the Client's payment information prove incorrect.

Client's credit card statement or bank statement will show payment made to "Home Income Quarterly", "ClickBank" or "CLKBANK*COM".

The Client agrees that 123Response.com has the right to delete all data, files or other information that is stored in the Client's account if the Client's account is cancelled or otherwise terminated, for any reason.

123Response.com service can not be transferred or used by anyone other than the original Client/Purchaser. 123Response.com responders which have been transferred to other parties, or show other activity in violation of this policy, are subject to immediate cancellation without refund.

123Response shall have the right to suspend or cancel any Client's service at any time, and for any reason, without notice if any of the Terms of Use are violated. If a suspension is to last for more than 20 days, the Client will be notified as to the reason. 123Response.com reserves the right to immediately terminate your access and use of the 123Response services without prior notice and forfeit your right to the 30-day money back guarantee.

123Response.com reserves the right to modify its service, service rates or change its Terms of Use at any time. Any such modification or changes shall be published on its web site and all existing Clients will be notified of such changes in writing by email. The continuation of service by a Client after notification has been received will be deemed an acceptance of the new changes by the Client.

If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of 123Response.com, your sole and exclusive remedy is to discontinue using the Service.

123Response.com exercises no control whatsoever over the content of information passing through our network system. Clients are prohibited from transmitting on or through any of 123Response services, any material that is, in 123Response.com's sole discretion, unlawful, obscene, pornographic, abusive, libelous, or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. Client's found to be violating any of the above will be terminated immediately with no refund.

Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court of law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.

By agreeing to these Terms of Use you agree to receive occasional emails from 123Response.com which might be of interest to our Client community and/or for updates pertaining to the 123Response.com services.

This agreement shall be governed by the laws of the State of New Jersey and the United States.

These Terms of Use supersede all previous representations, understandings or agreements and shall prevail not withstanding any variance with Terms of Use of any order submitted. Use of 123Response.com services constitutes acceptance of these Terms of Use.




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Joe Reinbold, Owner ~ Home Income Quarterly
Village Road, Dept. A, Morganville, NJ 07751
Voice: (732) 591-2645 · Fax: (732) 591-2645 · Email: webmaster@123response.com

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