KekuatanPikiran.com Terms Of Service

By subscribing to the KekuatanPikiran.com Autoresponder and Email Marketing Service (hereinafter referred to as "the Service") the Customer accepts to use it in compliance with the Terms of Service stated below.


Whenever used in these Terms of Service, the following terms shall have the meaning defined hereinafter. "Implix" shall denote the Service Provider; "the Customer" and/or "you" shall refer to any natural person or entity that uses the Service available on the KekuatanPikiran.com website.


By purchasing, accessing, installing or otherwise using the Service, you agree to be bound by this Agreement. Please retain a copy of this Agreement for your records. If you do not agree with the Terms and Conditions of this Agreement, please do not use the Service.

1. Service

Implix provides the Service that enables you to manage the contact list and use the automated promotion tools with the automated email follow-up autoresponder system which, in particular includes the following: (a) email delivery mechanisms, (b) list-builder, (c) other advanced automation features.

 
2. Customer Obligations

The Service is provided to the registered users, hereinafter referred to as "the Customer". The Customer may choose their login and password, hereinafter referred to as the "login details". The Customer is responsible for keeping the secrecy of their login details. On registration to the Service, the Customer agrees to:

(a) fill out the registration form with current, complete, and accurate data;

(b) maintain and promptly update this data as current, complete and accurate as possible;

(c) choose an account type and subscription plan;

(d) pay in due time all the fees accrued to the use of the Service;

(e) the Terms of Service stated herein as well as the Implix Anti-Spam Policy or their amended versions and any other policy developed, published and formulated by Implix;

(f) send or stream through the Service only such materials that they have full rights to use and publish on the Internet;

(g) conform to the rules relating to sending out electronic messages, in particular commercial electronic messages and processing of personal data in force in the country of the Customer's residence as well as the US laws (the CAN SPAM Act) and the rules of European Union.

The Customer should represent that they either act as a consumer or conduct a business activity and use the Service for the purposes of such business. The Customer is solely responsible for the contents of their representation and all results of any misrepresentation in that matter.

3. Abusive And Illegal Practices

1. The Customer is not allowed to use the Service to send any material that, intentionally or unintentionally, violates any applicable local, state, national or international laws, or any rules or regulations promulgated hereinafter, or any copyrights or any other rights of a third party.

2. The Customer agrees that the use of the Service is subject to all applicable national, international, state, and local laws as well as any and all applicable regulations, including the Terms of Service. Furthermore, the Customer agrees that, as far as their business practices are concerned, they shall not stream, disclose, engage and/or offer to sell any goods or services that:

(a) are unlawful, threatening, abusive, harassing, defamatory, obscene, libelous, slanderous, deceptive, fraudulent, invasive of another person's privacy, tortuous, or otherwise violate Implix's rules or policies;

(b) victimize, harass, degrade, or intimidate an individual or a group of individuals on the basis of religion, politics option, gender, sexual orientation, race, ethnicity, age, or disability;

(c) associate any content streamed through the Service with pornography, adult related material, child pornography, bigotry, racism, hatred, profanity, mail fraud, or any material which may be insulting to another person or a company;

(d) infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, including, but not limited to, unauthorized copying and posting pictures, logos, software, articles, musical works and videos;

(e) contain harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, surreptitiously intercept or expropriate services or any system, program, data or personal information, or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of any third party;

(f) impersonate any person or entity, including any of our employees or representatives;

(g) violate any law, statute, ordinance, or regulation including, without limitation, those governing consumer protection, Internet tobacco sales, unfair competition, antidiscrimination or false advertising;

(h) offer or disseminate fraudulent goods, services, schemes, or promotions (e.g. make money fast schemes, chain letters, pyramid schemes) or engage in any unfair deceptive act or practice;

(i) are associated with any form of gambling or lottery type services;

(j) are associated with any form of adult, sexually oriented, or obscene materials or services, including without limitation, any material clearly designed to sexually arouse the viewer/reader (e.g. books, text, photos, videos, X-rated movies, pornographic materials, etc.), any materials which require individuals to be eighteen (18) or older to view or purchase those materials, escort services, and adult websites;

(k) are associated with the sale of:

(i) any controlled drug that requires a prescription from a licensed practitioner; or
(ii) any over-the-counter drug, or
(iii) nonprescription drugs;


(l) are associated with illegal telecommunications or cable television equipment, such as access cards, access card programmers and unloopers, cable descramblers or filters;

(m) are associated with weapons of any kind and related items, including firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives and martial arts weapons;

(n) market for:

(i) nicotine, nicotine products, products imitating nicotine products, symbols related to smoking or nicotine;
(ii) alcohol of any kind;
(iii) drugs of any kind, products related to drugs, symbols related to drugs, the use of drugs of any kind;
(iv) medical services, medical aid, medical assistance, medicines;
(v) video lotteries, cylindrical games, card games, dicing, and automated games;


(o) use the Service to call on minors directly to purchase products or services;

(p) encourage minors to influence their parents or other persons with an aim of impelling them to buy products or services marketed thru the Service;

(q) take advantage of minors' inexperience and credulity; exploit the special trust minors have in their parents, teachers or other persons;

(r) unreasonably show minors in dangerous situations, or

(s) use the Service to affect the subconscious of a recipient.

(t) add, remove or modify the identifying header information, in an attempt to deceive or mislead the recipient;

(u) attempt to impersonate any person or service by using forged headers or other identifying information such as name, nickname, domain name, or email address. The use of anonymous re-mailers or nicknames does not constitute impersonation.

3. The foregoing list is non-exhaustive of prohibited goods and services.

4. Payments

The Customer is obliged to pay in due time all fees for the use of the Service according to the chosen payment scheme.

The subscription payment includes the down payment fee for (i) the subscription to the Service account of a chosen type, (ii) Phone, Email and Live Chat Customer Support, (iii) hosting in the account up to 10,000 unique email addresses and (iv) special features as described in the Service website.

Access to the Service shall be provided to the Customer for a certain period of time, according to the chosen subscription plan, upon receiving the subscription payment.

The Customer agrees to pay recurring fees for the subscription, per the subscription plan. The recurring fee, deducted automatically, is based on the price list which is presented on the KekuatanPikiran.com website.

The recurring payment of the actual amount for a chosen scheme will be issued on the first day after the expiration date of the subscription (hereinafter referred to as the "recurring date"). If the recurring is unsuccessful at that point, Implix will retry to complete the payment in the following days and, if the completion of the transaction is unsuccessful, will terminate the Service.

5. Technical Requirements

Implix assures that the Service will operate on Windows 95/98/NT/2000/Me/XP/Vista platform with the latest version of Internet Explorer or Mozilla Firefox.

6. Customer Support Service

Implix provides Email, Live Chat and Phone Support for the Customers.

The Customer may address all questions, doubts, and report errors via email to the KekuatanPikiran.com Customer Support Department at: http://www.KekuatanPikiran.com/contact The Customer should provide at least the account name and their name. Implix does not investigate or take any action based on "anonymous" support requests.

Implix assures that response shall take place within two business days after receiving a request from the Customer.

7. Anti-Spam Policy

Implix constitutes the Implix Anti-Spam Policy as an inherent part of these Terms of Service.

The Customer or any third party working on behalf of the Customer must not use the Service and/or the name of the Service Provider or any of the trademark of the Service Provider to transmit, distribute or deliver any unsolicited and unwanted e-mail correspondence.

8. Complaint Procedure

The Customer is requested to submit their complaint to the Customer Support Department at: http://www.KekuatanPikiran.com/contact.

Upon complaint, the Customer should provide at least the account name and their name. Implix does not investigate or take any action based on "anonymous" complaints.

The Customer Support Department will investigate the problem as soon as possible and advise the Customer how the issue will be or has been processed.

The Customer has the right to be advised about the status of processing their issue. Should any problem with the Service occur, Implix assures to undertake all measures to solve it as soon as feasible.

9. Copyrights And Trademarks

All content included on the KekuatanPikiran.com.com website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Implix or its content suppliers and protected by Polish, U.S. and international copyright laws. No part of this website may be reproduced or transmitted in any form or by any means without express written consent from the authors.

Implix, KekuatanPikiran.com, KekuatanPikiran.com.com are trademarks of Implix and Simon Grabowski in the Republic of Poland, the United States and other countries.

Trademarks of Implix and Simon Grabowski may not be used in conjunction with other companies' products or services, in any manner that may cause confusion among customers and potential customers, or in any manner that discredits Implix, its products and services.

10. Privacy

Implix constitutes the Privacy Policy as an inherent part of these Termof Service. Implix will never use the information about the Customer, or their customers that is collected within the Service to send any unsolicited messages or information nor share it with or sell to anyone else for such use, according to the Implix's Privacy Policy.
 
To perform the Agreement, Implix shall collect personal information, such as, but not limited to: (i) the Customer's first name, (ii) last name, address, (iii) credit card number, (iv) identification numbers, such as tax identification number, (v) phone number, (vi) email address, that is not otherwise publicly available.

Implix will keep the personal data given by the Customer as long as required in order to perform their obligations under this Agreement.

The Customer recognizes that they are the controller of all personal data given to Implix to process. Implix shall be responsible for ensuring sufficient security measures for processing personal data given by the Customer.

The Customer shall have sole responsibility for any and all information used and submitted in connection with the Service. Implix shall have no responsibility thereto. The Customer shall comply with all data protection and privacy laws and rules applicable to third parties information. You shall defend, indemnify, and hold Implix harmless from any claim, suit or proceeding brought against Implix by third parties in connection with any acts or omissions with regards to such information. The Customer may refer their clients to the Implix's Privacy Policy. Implix shall accept no responsibility for the Customer's privacy policies and for processing their personal data by the Customer. You agree and acknowledge that your information collected through the Service or in connection with the Service may be transferred across national boundaries and stored and processed in any of the countries around the world in which Implix maintains offices, including the United States.

Unless it is required to do so by law, Implix will not provide any personal Customer's data to third parties other than its employees, affiliates or contractors to the extent such is required in order to perform the Service for the Customer.

   

Copyright 2009 http://www.KekuatanPikiran.com