SayNO2Spam.com welcomes you.
When using email filtering services (the
"Service") provided by SayNO2Spam.com,
defined below in Section 1.1, you agree to
be bound by all of the following terms (the
"Terms of Service") within this Agreement.
SayNO2Spam.com reserves the
right to alter, amend or modify any
provision of this Terms of Service Agreement
at any time with or without prior notice to
you. SayNO2Spam.com.com is a registered
domain of US Internet Corp.
This Agreement is effective
from your acceptance thereof, which is
indicated by the establishment of your
account. If you are a current SayNO2Spam.com
client when this Agreement is activated,
your continued use of the Service
constitutes your acceptance of this
1.1. SayNO2Spam.com is a
leading provider of email filtering (anti
spam, antivirus software) services that
include email protection and security
services for small business, enterprises,
educational, and government institutions
worldwide, or any service components
thereof, including without limitation to,
SayNO2SpamMail and SayNO2SpamWeb.
1.2. Any means of
identification assigned to you by
SayNO2Spam.com (including username and IP
address) will remain the property of
SayNO2Spam.com. SayNO2Spam.com reserves the
right to alter or replace these forms of
identification at any time.
1.3. SayNO2Spam.com makes no
guarantees as to the continuous availability
of the Service or any specific feature of
the Service. SayNO2Spam.com reserves the
right to discontinue and/or change the
Service or any of its features at any time
with or without notice.
2.1. In consideration of the
Use of the Service, outlined below in
Section 3, Client certifies to
SayNO2Spam.com that he/she is not a minor.
By accepting this Agreement, you represent
that you are at least 18 years of age. If
you are a minor, we will need approval from
2.2. You agree to provide
SayNO2Spam.com with accurate, complete and
up-to-date billing information, including
your legal name, electronic mail (e-mail)
address, home address, and telephone number.
All changes to this information must be
reported to SayNO2Spam.com within 30 days of
2.3. By accepting this
Agreement, you agree that you are
responsible for all charges posted to your
account until you close the account as
specified in Section 10. If any information
provided by you is inaccurate, not current
or incomplete, SayNO2Spam.com retains the
right to suspend or terminate your account.
3. Use of the Service
3.1. You, and those you
authorize, are the only individuals who are
authorized to access the Service through
your account. You must ensure that all
authorized users on behalf of your account
comply with this Agreement.
3.2. You are responsible for
maintaining the confidentiality of passwords
used by yourself or any authorized user for
3.3. You will not use the
Service or permit others to use the Service
through your account in any way that
violates any law or regulation; subjects
SayNO2Spam.com to liability; or is in any
violation of the SayNO2Spam.com Terms of
4. User Conduct
4.1. You agree to be solely
responsible for the content of your
transmissions through the Service. You
acknowledge that SayNO2Spam.com simply acts
as a passive conduit for the distribution
and transmission of data.
4.2. You agree not to resell
any part of the Service under your account
including, but not limited to, email
filtering and any form of identification
assigned to your account except you have the
authorization from SayNO2Spam.com.
4.3. You agree that your use
of the Service is subject to all applicable
local, state, national and international
laws and regulations. Furthermore, you agree
that you recognize that violation of any
such laws, rules and regulations shall be
cause for immediate termination, without
notice, of your account at the sole
discretion of SayNO2Spam.com.
5. Unacceptable Use of
5.1. Illegality in any form,
including, but not limited to, activities
such as unauthorized distribution or copying
of the Service; violation of USA and
international export restrictions;
harassment; fraud; drug dealing;
intentionally inflicting emotional distress;
violating trademarks; copyrights; privacy
and other intellectual property rights.
5.2. We reserve the right to
remove permission to access the Service if
we suspect security violation attempts
involving your account, whether directly
deliberately caused by you or not.
5.3. Spamming, to send
unsolicited commercial or non commercial
email or newsgroup posts, from the server or
involving your domain.
5.4. Mail bombing, sending of
large files or emails to other users against
the request of an Internet user, whether or
not our servers are used.
5.5. Violations of system or
network security are prohibited, and may
result in criminal and civil liability.
Examples include, but are not limited to,
the following: Unauthorized access, use,
probe, or scan of a systems security or
authentication measures, data or traffic.
Interference with Service to any user, host
or network including, without limitation,
mail bombing, flooding, deliberate attempts
to overload a system and broadcast attacks.
5.6. The use of programs that
consume an excessive amount of CPU run time
or Random Access Memory (RAM) on the server.
High load Chat Room Scripts and Programs.
All kind of Shell/SSH/Telnet access Scripts.
High loaded Bulletin Board/Forums Systems
including but not limited to: UBB - Ultimate
YABB - Yet Another Bulletin Board.
5.7. Unacceptable site
content, links, storage and/or distribution
including, but not limited to, pirated
software or programs which are intended or
used for security violation purposes
("cracking software"); "Warez Sites"; "IRC
Bots"; pornography; nudity; sexually
explicit or offensive material; and
defamatory, scandalous, or private
information about a person without their
5.8. Adult and "Rated X"
Material, Site content or links including,
but not limited to, pornography; nudity;
sexually explicit or offensive material.
Disturbing site content or links. Site
content or links including threatening,
defamatory, or scandalous language or
5.9. Background Running
Programs, Background Daemons, including, but
not limited to, IRC bots; eggdrop;
BitchX(IRC Client); XiRCON; ShoutCast Plus
IceCast; and any other program that
interferes with normal server operation.
5.10. Illegal activities
including but not limited to:
information regarding the creation of or
sending of Internet viruses; worms; Trojan
horses; pinging; flooding; mailbombing; or
denial of service attacks.
5.10.2. Activities that
disrupt the use of or interfere with the
ability of others to effectively use the
network or any connected network, system,
service, or equipment.
5.10.3. Accessing illegally
or without authorization computers,
accounts, or networks. Attempting to
penetrate security measures of a system
5.10.4. Exporting encryption
software over the Internet or otherwise, to
points outside the United States or Canada.
5.10.5. Forging or
misrepresenting message headers, whether in
whole or in part, to mask the originator of
5.10.6. Any activity that
might be used as a precursor to an attempted
system penetration (i.e. port scan, stealth
scan, or other information gathering
5.10.7. Any activity
including, but not limited to, advertising,
transmitting, or otherwise making available
ponzi schemes; pyramid schemes; fraudulently
charging credit cards; and pirating
5.10.8. Engaging in
activities, whether lawful or unlawful, that
SayNO2Spam.com determines to be harmful to
its clients, operations, reputation,
goodwill, or customer relations.
5.11. Disclaimers found on
the offending website will not protect the
client account from being terminated if such
site is in violation of this Agreement.
5.12. Failure to enforce
strict performance of any provision of this
Agreement shall not be construed as a
ALL FORMS OF 'UNACCEPTABLE
USE OF SERVICE' ARE STRICTLY FORBIDDEN.
EVIDENCE OF SUCH MATERIAL WILL BE CAUSE FOR
IMMEDIATE TERMINATION OF SERVICE.
SayNO2Spam.com ON BEHALF OF US INTERNET
CORP. WILL BE THE SOLE ARBITERS AS TO WHAT
CONSTITUTES A VIOLATION OF THIS PROVISION.
SayNO2Spam.com WILL NOTIFY THE APPROPRIATE
LAW ENFORCEMENT DEPARTMENT IF SUCH VIOLATION
IS A CRIMINAL OFFENCE.
6. Pricing & Terms
6.1. There are no setup fees.
SayNO2Spam.com does not issue refunds for
fees paid in advance or for fees and/or
payment made towards your account after the
first 30 days of Service.
6.2. One-time fees including
but not limited to additional features,
change domain name and upgrade/renew fees
6.3. Current pricing for
SayNO2Spam.com services may be obtained by
calling your sales representative.
SayNO2Spam.com reserves the right to change
prices, rates and/or institute new
charges/fees at any time.
6.4. A service charge, up to
the maximum allowed by the state you reside
in, will be assessed to your account for
each check that is returned to
SayNO2Spam.com for insufficient funds.
6.5. Payment must be made
towards your account on its assigned due
date. If your account is delinquent, your
account may be suspended or terminated at
the sole discretion of SayNO2Spam.com.
IF YOUR ACCOUNT INCURS
CHARGES WHICH ARE DENIED BY YOUR FINANCIAL
INSTITUTION, SayNO2Spam.com RESERVES THE
RIGHT TO RE-BILL FOR THOSE CHARGES,
REGARDLESS OF YOUR ACCOUNT STATUS.
SayNO2Spam.com may, at its
sole discretion, charge a fee of US$25.00 or
greater to reinstate a suspended account.
6.6. If you believe that
SayNO2Spam.com has billed you in error, you
must contact the Billing Department within
30 days of the invoice or transaction date
of the charge. Refunds or adjustments will
not be given for any charges billed in error
which are more than 30 days old. To contact
the Billing Department, please use THE "contact
us" link in SayNO2Spam.com.
6.7. Any site found to be in
violation of the Acceptable use Policy or
the details discussed in section 5 will be
suspended/removed and subject to a $30.00
6.8. You hereby authorize us
to charge your credit card for the
applicable fees to be incurred by you or on
your behalf in connection with your use of
the Services during the term of this
Agreement. Such fees will be charged to your
credit card dependent on which specific
Services you are using and the payment terms
of such service as described on the relevant
sections of the SayNO2Spam.com Web site.
These charges will occur until this
Agreement is terminated and your account
canceled, regardless of account activity. It
is your responsibility to notify us if your
credit card has expired and to make
necessary changes or your use of the
Services may be discontinued or interrupted.
You shall be solely responsible for all
charges, fees, duties, taxes, and
assessments arising out of your use of the
Services. We reserve the right to modify the
fees charged for the Services from time to
time, provided that such modifications will
not take effect earlier than thirty (30)
days after we post such modifications on our
Web site. Amounts not paid by you to us when
due, may bear interest at the lesser of (a)
one and one-half percent (1.5%) per month,
and (b) the maximum rate permitted by
6.9. SayNO2Spam.com charges
and collects in advance for use of the
Service. SayNO2Spam.com will automatically
renew and bill your credit card or issue an
invoice to you (a) every month for monthly
services, (b) every quarter for quarterly
services, (c) each year on the subsequent
anniversary of the initial sales order, or
(d) as otherwise mutually agreed upon. The
renewal charge will be equal to the
then-current service order, unless
SayNO2Spam.com has given you at least 30
days prior written notice of a fee increase,
which shall be effective upon renewal and
thereafter. Fees for other services will be
charged on an as-quoted or published basis.
SayNO2Spam.com's fees are exclusive of all
taxes, levies, or duties imposed by taxing
authorities, and you shall be responsible
for payment of all such taxes, levies, or
duties, excluding only United States
(federal or state) taxes based solely on
7. Disclaimer of
7.1. You assume full
responsibility and risk for use of the
Service by you and your authorized users.
The Service is provided on an "as is" and
"as available" basis. SayNO2Spam.com does
not warrant that the Service will be
uninterrupted or error-free. SayNO2Spam.com
makes no express or implied warranties,
representations or endorsements including,
but not limited to, warranties of title,
non-infringement or implied warranties of
service or fitness for a particular purpose
regarding all information or service
provided through SayNO2Spam.com. No advice
or information given by SayNO2Spam.com, its
employees, affiliates or contractors shall
create a warranty.
7.2. SayNO2Spam.com shall not
be liable for any costs or damages arising
directly or indirectly from use of the
Service. It is solely your responsibility to
evaluate the accuracy, quality,
completeness, and usefulness of all
opinions, advice, services, and other
information provided through the Service.
8. User Remedies
8.1. If you are dissatisfied
with the Service or any of its terms,
conditions, rules, policies, guidelines, or
practices, your sole and exclusive remedy is
to terminate this Agreement and discontinue
using the Service by closing your account by
one of the methods outlined in Section 10.
8.2. Under no circumstances
shall SayNO2Spam.com, its employees,
affiliates or contractors be liable for any
direct, indirect, incidental, special,
punitive, or consequential damages that
result in any way from any: use of your
account or the Service or your inability to
use the Service; your reliance on or use of
information, services or merchandise
provided on or through the Service or that
result from mistakes, omissions,
interruptions, deletion of files, errors,
defects, delays in operation or
transmission, or any failure of performance.
You agree to indemnify,
defend and hold harmless SayNO2Spam.com, its
parents, subsidiaries, affiliates, officers,
directors, employees, agents, and suppliers,
and their respective affiliates, officers,
directors, employees, and agents, from any
claim, action, demand, or damage, including
reasonable attorney's fees, made by any
third party arising out of or related to
your use of the Services or your violation
of this Agreement, including without
limitation the infringement by you or any
other user of your account, of any
intellectual property or other right of any
person or entity. We may, at our sole
discretion, assume the exclusive defense and
control of any matter subject to
indemnification by you. The assumption of
such defense or control by us, however,
shall not excuse any of your indemnity
10. Termination of
10.1. You may terminate this
Agreement by using the methods outlined in
Section 12 of this Agreement. Your
termination will only be complete upon your
receipt of a confirmation number from
SayNO2Spam.com. You will receive this
confirmation number either via United States
Post, electronic mail or both. Charges to
your account will stop accruing the day you
receive your confirmation number.
SayNO2Spam.com will not issue refunds for
fees paid in advanced or for accounts that
have been activated passed the 30 Day Money
Back Guarantee mark.
10.2. Termination of the
account will take up to 3 days to process.
Therefore, for non-yearly accounts, the
cancellation request must come before 3 days
before the initial billing date of the next
10.3. SayNO2Spam.com may
terminate this Agreement at any time without
cause upon 30 days prior notice; or;
immediately if you or any person who has
access to the Service through your account,
commit a material breach of this Agreement
including, but not limited to, a breach of
any obligation imposed under Sections 2, 3,
4, 5 or 6 or if you fail to pay any charges
within 10 days of the date they accrue.
10.4. Upon termination of
this Agreement, all rights granted to you or
your authorized users under this Agreement
shall immediately cease and terminate.
10.5. Termination from this
Agreement does not release you from the
obligation to pay all accrued charges under
10.6. Sections 6, 7, 8, 9,
and 12 shall survive termination of this
Agreement; SayNO2Spam.com retains the right
to enforce these provisions regardless of
10.7. SayNO2Spam.com provides
a 30-day money back guarantee for the first
30 days. Any client that cancels their
account within 3 days of the end of the
initial 30 days will be subject to a $5.00
penalty fee due to the time limits discussed
10.8. If a client is to
cancel their non-yearly account after the
initial 30-day period, and is in violation
of 10.2, they may be subject to a $3.00
11.1. The 30-day guarantee
follows the same regulations as stated in
11.2. All resold accounts are
subject to the terms discussed in section 1,
2, 3, 4, 5, 6, 7, 8, 9, 10, and 12.
11.3. SayNO2Spam.com accepts
payment for reseller account via credit card
or PayPal only.
11.4. If a reseller's monthly
fee is past due, all accounts created under
the reseller account and the initial
reseller account itself will be suspended.
11.5. A $10.00 re-activation
fee will be charged to any reseller who is
in violation of 11.4.
11.6. Any reseller whose
account has been listed as suspended for
over 15 days will be cancelled and charged a
$10.00 cancellation fee.
11.7. Cancellation of a
reseller account must be submitted at least
5 days prior to the next billing date. Any
cancellation request that comes within the 5
day limit may be subject to a $5.00 fee.
11.8. Upon cancellation of a
resold account, all accounts created under
the initial account and the initial account
itself will be removed. It is your
responsibility to inform your clients and
move their data.
11.9. If cancellation of a
non-yearly reseller account comes at the
beginning of the month and no payments have
been made towards that month for 7 business
days, all accounts created under the
reseller account will be immediately
terminated and a $10.00 cancellation fee
will be imposed.
12. Closing an Account
12.1. You may close your
account by one of the following methods:
Send request via Contact Us
form C/O "Billing Department"
The request must meet the following
Include company or personal
Include your account information
(domain name, username, IP address, and
Reference your Order/Authorization Number
you received with your first receipt of
Failure to enforce strict
performance of any provision of this
Agreement shall not be construed as a
This Agreement shall be
governed by and construed in accordance with
the laws of Minnesota, USA, without regard
to its conflicts of law provisions. You
consent to the personal jurisdiction of the
federal and state courts having jurisdiction
for Minneapolis, Minnesota, with respect to
all disputes arising out of this Agreement,
your use of the Service or otherwise between
you and SayNO2Spam.com. Any cause of action
you may have with respect to the Service
must be commenced within six (6) months
after the claim or cause of action arises or
such claim or cause of action is barred.
This Terms of Service and
Acceptable Use Policy Agreement constitute
the entire Agreement between you and
SayNO2Spam.com with respect to the Service.
13. Limitations of
UNDER NO CIRCUMSTANCES,
INCLUDING, WITHOUT LIMITATION, NEGLIGENCE,
SHALL SayNO2Spam.com OR ITS PARENTS,
SUBSIDIARIES, AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, RESULTING FROM THE USE OR THE
INABILITY TO USE THE SERVICES OR FOR THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO BY MEANS OF OR
THROUGH THE SERVICES, OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, OR OTHER INFORMATION
THAT IS SENT OR RECEIVED OR NOT SENT OR
RECEIVED, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR
OTHER INTANGIBLES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY
FAILURE TO DELIVER, HOLD OR STORE EMAIL
TRANSMITTED THROUGH THE SERVICES. IF YOU ARE
DISSATISFIED WITH THE SERVICES, YOUR
EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF
THE SERVICES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY
TO YOU. Without limiting any of the
foregoing, we are not responsible for any of
your materials and data residing on our
network hardware. You are responsible for
backing-up your materials and data that may
reside on our network hardware, whether or
not such materials and data are produced
through the use of the Services. It is your
responsibility to take the necessary steps
to ensure your primary means of business is
maintained. In no event will we be liable to
you for more than the actual dollar amount
that you paid for the use of the Services
during the term of this Agreement.
We shall have the right to
communicate with you via email, receipt of
which by you is considered by SayNO2Spam.com
essential to our provision of service. You
may unsubscribe from such communication at
15. Disclosure of
We will not disclose
personally identifiable information about
you or your private communications (i.e.,
content transmitted on private, non-public
lists) to third parties, without your
permission, unless we believe such
disclosure is reasonably necessary to: (1)
comply with the law or legal process; (2)
protect or defend our rights or property or
that of others; (3) enforce this Agreement;
(4) respond to claims that the contents of
any communications violate the rights of
others; or (5) as otherwise provided in the
Agreement. From time to time, we will
disclose aggregate user demographic data to
third parties. We may access your Lists and
related communications for technical
processing and to address technical problems
or service complaints. For more information
on disclosures please read our Privacy
16. Proprietary Rights
We will not sell, trade,
rent, lend or give email addresses that you
supply us to anyone else for any purpose,
nor will we use the addresses you supply us
for any purpose other than supplying the
Services to you or for verifying the proper
functioning of our systems. It is understood
that it is possible that some of the
addresses you supply us may already be on
lists that we own and that we have the right
to mail to such addresses.
We do not claim ownership of
the materials you provide to us for purposes
of using the Services and which were created
by you or on your behalf. By transmitting
such materials for distribution to your
Lists, you grant us a worldwide,
royalty-free, and non-exclusive license to
reproduce, modify, adapt and publish such
materials solely for the purposes of
providing the Services to you.
December 20, 2007