A1eBiz ONLINE TERMS AND CONDITIONS OF USE

1. General.

(a) This Agreement sets forth the terms and conditions which apply to the use of the A1eBiz Autoresponder and all of its affiliated programs. The autoresponder owner is referred to as the "Subscriber". No representation, warranty, term or condition, other than as specifically set forth in this Agreement, shall be binding on A1eBiz, Inc.

(b) A1eBiz Inc. shall have the right at any time to change or discontinue any aspect or feature. Either A1eBiz Inc. or Subscriber may terminate the service at any time. A1eBiz Inc. shall have the right to add to, modify or delete any provision of this Agreement and the right to add to, modify or delete any other terms of use at any time.

(c) Subscriber represents and warrants that he/she is at least 18 years of age.

(d) Subscriber is responsible in all respects (including payment obligations) for all use of Subscriber’s Account and all use by others of Subscriber’s Account. Subscriber will ensure that all use of Subscriber’s Account complies fully with the provisions of this Agreement and all terms of use.

(e) Transfer of the Account by Subscriber to any other person or entity is prohibited.


2. Charges.

Subscriber agrees to pay for his/her subscription to A1eBiz in a timely fashion and acknowledges that all recurring monthly charges will be billed monthly in advance. Both the amounts and the types of charges for the A1eBiz system are subject to change in the future. All cancellations shall be made at least 3 business days in advance of due date and must be accompanied by an email to validate the cancellation and a return email from A1eBiz to verify receipt. Phone calls will not be accepted without the preceding conditions. Set-up fees, extra capacity, signups after having a prior account and/or any addendums are not covered by refunds.


3. Subscriber Conduct.

(a) Subscriber shall not post or transmit through A1eBiz any material that constitutes unsolicited email or as otherwise referred to as "spam." All Local, State, Federal and 'Country of Origin" laws shall be adhered to including the CAN-SPAM act..

(b) Subscriber shall use the A1eBiz system for lawful purposes only and in accordance with this Agreement. Subscriber shall not upload, post, transmit or otherwise make available on or via the A1eBiz system any material (including any message or series of messages) that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, obstructive, harassing, libelous, invasive of privacy or publicity rights, that in the circumstances would be obscene or indecent, that constitutes hate speech, that is otherwise offensive or objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

(c) Subscriber shall not upload, post, transmit or otherwise make available on or via the A1eBiz system any material protected by copyright, trademark, patent, trade secret or other proprietary right in a manner that infringes or violates any such right.

(d) The A1eBiz system contains copyrighted material, trademarks and other proprietary information, as a collective work under the United States copyright laws. Except as granted herein or as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express prior written consent of A1eBiz Inc. and, where applicable, the third party copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution or copyright notice shall be made.

(e) Subscriber will not resell the A1eBiz service, or any portion thereof, or otherwise charge others to use A1eBiz, or any portion thereof. Further, Subscriber will not redistribute A1eBiz, or any portion thereof, whether or not Subscriber receives compensation for such redistribution.

(f) Subscriber acknowledges that Subscriber is responsible for and assumes all risks with respect to whether materials uploaded, posted or otherwise made available on or via A1eBiz through Subscriber’s Account may violate any laws or rights.

(g) WARNING - Uploading leads from sources other than A1eBiz Leads will be at your own risk. By doing so, you are telling us that these leads are 100% "opt-in" contacts. If they are not and we receive "spam" complaints, you will not only lose your account but may be liable for any losses or damages to us as a result of your actions. Furthermore, if you lose your account because of violation of our "spam" policy or any violation of paragraphs 3(a), 3(b), 3(c), 3(d) or 3(e), you will lose all rights to your database including the right to retrieve your list of contacts. Minimum information for uploading leads is: email, name, IP Address and time/date stamp.


4. Review and Enforcement.

(a) A1eBiz Inc. shall have the right, but not the obligation, to review content on all public and private areas of A1eBiz in order to determine compliance with this Agreement.

(b) A1eBiz Inc. shall have the right to remove any material submitted to or posted on A1eBiz. Without limiting A1eBiz Inc.’s other rights hereunder, A1eBiz Inc. shall have the right to remove any material that in its discretion it determines to be unacceptable, or in violation of any bandwidth utilization limitations or any other term of this Agreement. In the event any such violation or objectionable material is found, A1eBiz Inc. may suspend Subscriber’s Account or cancel Subscriber’s Account without prior notification. A1eBiz Inc. may also suspend or cancel Subscriber’s Account for using A1eBiz to post content that violates this Agreement. If Subscriber’s Account is suspended or canceled, Subscriber will receive no refunds.

(c) Subscriber acknowledges and agrees that A1eBiz Inc. shall have the right to monitor Subscriber’s "bandwidth" utilization (i.e. volume of data transmitted) at any time and on an on-going basis and to limit excessive use of bandwidth by Subscriber (as determined by A1eBiz Inc. from time to time) in order to effectuate these provisions.


5. Disclaimer of Warranty; Limitation of Liability.

Subscriber agrees that the A1eBiz system is provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, other than those warranties that are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Subscriber further agrees that all use of the A1eBiz system (including but not limited to the accessing and use of content, information and services the purchase of merchandise and services and the transmission of information and other communications by and to subscriber) is at Subscriber’s sole risk.


6. Indemnification.

Subscriber agrees to defend, indemnify and hold harmless A1eBiz Inc. from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of or related in any way to the use of the A1eBiz system by Subscriber or otherwise arising out of the use of Subscriber’s account.

7. Privacy Policy

A1eBiz Guarantees that the information in the Subscribers account shall be private and belong to them only. This includes the use of their messages, customer email data and their personal email information or addresses. None of the aforementioned shall be sold, given away or in any other matter used by A1eBiz or any affiliate of that company.

8. Registration.

BY REGISTERING FOR THE A1eBiz SYSTEM, THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ AND FULLY UNDERSTANDS THIS AGREEMENT AND THE TERMS OF USE AND AGREES TO ALL OF ITS TERMS AND CONDITIONS.