All products and services provided by AUTOSALESFUNNEL may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any International or South African laws is strictly prohibited. Customer agrees to indemnify and hold harmless AUTOSALESFUNNEL from any claims resulting from Customer's use of the service which damages Customer or any other parties, including attorney's fees.
AUTOSALESFUNNEL will not be liable for any interruptions in service or other monetary loss related to enforcement of the AUTOSALESFUNNEL Terms of Service (TOS), including this Acceptable Use Policy.
AUTOSALESFUNNEL provides Customer with Web-based sales and marketing automation software that includes e-mail, fax, voice broadcast, e-Commerce and affiliate functionality. All services provided must be used by Customer in compliance with the AUTOSALESFUNNEL Terms of Service.
Customer agrees to use AUTOSALESFUNNEL 's services in a manner that is legal, appropriate and in conformity with industry standards and to respect the privacy of consumers. More specifically, Customer agrees to abide by AUTOSALESFUNNEL 's requirements governing the use of the various components of the services, as described below:
AUTOSALESFUNNEL strictly prohibits any involvement in Unsolicited Commercial E-mail campaigns (UCE, more commonly called "Spam").
1. AUTOSALESFUNNEL maintains a Zero-Tolerance policy against Spam, whether direct, indirect or through any affiliate or agent acting on the Customer's behalf.
2. As determined by AUTOSALESFUNNEL 's sole discretion, Customer shall have proof that all individuals in the Customer's database have opted in or otherwise agreed to receive communications from Customer.
3. All lists used in conjunction with the services provided by AUTOSALESFUNNEL are required to be 100% solicited (opt-in) lists. This means that the individuals on the list have explicitly agreed to receive information from your business entity. The practice of bartering, purchasing or renting lists of names and sending e-mails to those people is strictly prohibited.
1. Marketing lists containing email addresses within AUTOSALESFUNNEL cannot be shared/duplicated/transferred between individual applications.
4. Furthermore, in accordance with CAN-SPAM legislation, all e-mail messages sent using AUTOSALESFUNNEL 's services must use the AUTOSALESFUNNEL-provided opt-out link, must include a valid physical address of the sender and must contain a clear subject line that does not mislead the recipient as to the contents of the e-mail. Customers are advised to consult their own attorney to ensure compliance with all Federal, State and local laws.
5. The opt-out link may not be excessively "padded" with line-breaks or similar means to deceive recipients.
6. The complaint rate ("feedback rate") may not exceed the accepted industry standard at the time of transmission. Failure to comply will result in penalties and restrictions as defined under Violations and Penalties, below.
1. As of this writing, the industry standard for complaint rates is less than .1% (1/1000) on a per Email/Internet Service Provider basis. It is Customer's sole responsibility to maintain under the then-current industry standard.
7. Unsubscribe requests must be processed immediately.
AUTOSALESFUNNEL strictly prohibits the use of its facsimile ("Fax") services for illegal or inappropriate purposes. Customer agrees that all faxing services provided by AUTOSALESFUNNEL will be used only for proper legal purposes and in a lawful manner. Customer must have permission from each recipient in order to send faxes to that recipient.
AUTOSALESFUNNEL strictly prohibits the use of its voice broadcasting services for illegal or unethical purposes. Customer agrees that all voice broadcast services will be used only for proper legal purposes and in a lawful manner.
AUTOSALESFUNNEL provides e-Commerce services including Web Form(s), Sale Form(s), tracking links, redirected "Landing Pages," etc. Customers may not send unsolicited communications whether through AUTOSALESFUNNEL 's services or by means of third-parties which direct individuals to any AUTOSALESFUNNEL e-Commerce services that reference AUTOSALESFUNNEL.
Any and all of Customer's affiliates are bound by the terms of the AUTOSALESFUNNEL Terms of Service. Customer is solely responsible for ensuring their affiliates are compliant to the AUTOSALESFUNNEL Terms of Service. Customer's failure to ensure their affiliates' compliance will be subject to the enforcement these policies.
Customers who fail to comply with the terms of the AUTOSALESFUNNEL Terms of Service will be subject to the following penalties, including, but not limited to, immediate termination of service.
A R1500 investigation fee may be assessed to Customer's account for each complaint of unauthorized communication that AUTOSALESFUNNEL receives involving a Customer's account. This non-refundable fee goes toward confirming complaints either digitally or verbally between sources of complaints.
Upon receiving a complaint, AUTOSALESFUNNEL will notify Customer of said complaint and investigate the validity of the complaint. If Customer does not take immediate remedial action to rectify the situation, AUTOSALESFUNNEL reserves the right to suspend Customer's service until Customer has resolved the situation to AUTOSALESFUNNEL 's satisfaction, at AUTOSALESFUNNEL 's sole discretion.
A R 1500 non-refundable investigation fee will apply per complaint in the event AUTOSALESFUNNEL determines that Customer sent an unsolicited communication to a recipient who did not agree to receive communications from Customer.
In the event complaint rates exceed industry standards, AUTOSALESFUNNEL will immediately suspend e-mail services and notify Customer via e-mail and/or telephone.
In accordance with AUTOSALESFUNNEL 's Zero-Tolerance No-Spam Policy, AUTOSALESFUNNEL will immediately terminate the account of any Customer found to be involved in a non-compliant marketing campaign or other widespread or repeated violation of the AUTOSALESFUNNEL Terms of Service.
1. All data contained in Customer's account will be permanently removed.
2. Customer will be held accountable for any monetary damages suffered by AUTOSALESFUNNEL, due to Customer's actions or inactions. Such monetary damages may include, but are not limited to, loss of Web services, regulatory penalties (e.g., FTC) and punitive damages related to lost clients and revenues due to said violation.
3. The determination of what constitutes an "excessive, widespread and/or repeated violation" of this policy will be determined by AUTOSALESFUNNEL.
AUTOSALESFUNNEL reserves the right to terminate Customer's account for any violation of the AUTOSALESFUNNEL Terms of Service.
AUTOSALESFUNNEL reserves the following rights:
AUTOSALESFUNNEL may terminate Customer's account if Customer engages in any practice that is, in AUTOSALESFUNNEL 's sole discretion, objectionable, unlawful, obscene, pornographic, threatening, 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. This includes, but is not limited to:
1. content that in any way exploits minors under 18 years of age
2. viruses, worms, phishing, malware, or any other potentially harmful software
3. marketing to any lists of associations, memberships, voters or realtors, or any other lists whose recipients did not express explicit consent to receive such marketing material
4. products, services, or content that are often associated with abusive business practices or spam, such as:
1. pornography or illicitly pornographic sexual products, including but not limited to adult magazines, video and software, escort services, dating services, or adult "swinger" promotions
2. illegal drugs, software, media, or other goods
3. instructions on how to assemble or otherwise make bombs, or other weaponry
4. online and direct pharmaceutical sales
5. debt collections, credit repair and debt relief offerings
6. stock picks or promotions
7. "get rich quick" and other similar offers
8. promoting pyramid schemes or network marketing (i.e. MLM) businesses
9. odds making and betting/gambling services, including but not limited online casino games, and sporting events
Change of Terms and Conditions
AUTOSALESFUNNEL reserves the right to change the terms and conditions of this Policy, as needed. Use of AUTOSALESFUNNEL 's software and/or services by Customer after said changes constitutes Customer's acceptance of the new Policy.
1. AUTOSALESFUNNEL will inform Customer when significant changes are made to any policies under the AUTOSALESFUNNEL Terms of Service by means of the Customer's e-mail, currently on file
ALL CUSTOMERS AND AFFILIATES ARE EXPECTED TO AGREE TO ALL TERMS CONTAINED HEREIN. DIGITAL ACCEPTANCE IS ACHIEVED WHEN CUSTOMERS OR AFFILIATES ACCESS OR IN ANY WAY USE AUTOSALESFUNNEL SERVICES.
FAILURE TO AGREE AND COMPLY WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES.