VIP Follow Up: Service Agreement

Service Agreement

These are the Terms and Conditions for Service between the customer (the "Subscriber" or "you") and VIP Follow Up, LLC "VIP Follow Up", "we" or "us"). "Service" refers to the email marketing services/programs you purchase from VIP Follow Up. This "Service Agreement" includes (1) these Terms and Conditions of Service, (2) the Credit Card Recurring Payment Authorization Form, and (3) the Privacy Policy of VIP Follow Up posted at www.VipFollowup.com.

All services provided by VIP Follow Up may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statute. The Subscriber agrees to indemnify and hold harmless VIP Follow Up from any claims resulting from the use of the service which damages the subscriber or any other parties.

Prohibited Actions

The following are strictly prohibited in relation to the Service:

Spamming, or the sending of unsolicited email, using an email address, URL that is maintained on an VIP Follow Up machine, or directing traffic to a webpage that contains any reference to VIP Follow Up.

Pornography and sexually-oriented merchandising are prohibited on any VIP Follow Up server.

Transmitting on or through any of VIP Follow Up services, any material that is, in VIP Follow Up sole discretion, unlawful, obscene, 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.

Importing or in any way using purchased leads with an VIP Follow Up account. If you paid money or in any way purchased a group of pre-existing leads these may NOT be used with VIP Follow Up. This includes co-registration services, "safe lists" or any type of free leads given to you. Only people that have specifically requested information directly from you may be emailed through VIP Follow Up.

Batching or in any way trying to script the addition of new subscribers to the web form subscribe methods. A script must not be used to auto submit a web form subscriber on behalf of a website visitor. The visitor who desires to subscribe to your list must be the one to activate that subscription process

VIP Follow Up will be the sole arbiter as to what constitutes a violation of this provision. This action WILL RESULT in immediate termination of your account without refund. Any service interruptions as a result of subscribers spamming will be billed to the subscriber at $50.00 per hour until service is restored. Subscriber will also be in violation of the VIP Follow Up Service Agreement and subject to legal action.

Rate Changes

VIP Follow Up reserves the right to change the rate by notifying the Subscriber fifteen (15) days in advance of the effective date of the change.

Payment

Payment is due immediately after date of invoice. All payments must be in US dollars on deposit with a U.S. bank. The Subscriber is responsible for providing updated payment information. VIP Follow Up will not be responsible should the Subscriber's payment information become out-of-date. If payment is via check, payment is due prior to commencement of Service, payable for the entire calendar year. If payment is by credit card, the Subscriber authorizes VIP Follow Up to charge the credit card listed on the Credit Card Recurring Payment Authorization Form for those charges for VIP Follow Up services that may accrue from month to month, or for any past-due balances, in order to bring the account to current status. Credit card payments will be billed and charged automatically, and VIP Follow Up may charge the amount due to the provided card at any time.

Default

Accounts are in default if payment is not received within twenty (20) days after date of invoice. If a Subscriber's check is returned by the bank as unredeemable, the Subscriber will be deemed to be in default, and in addition will be liable for a "returned check" charge of $25. Accounts remaining unpaid twenty (20) days after date of invoice may have their service suspended by VIP Follow Up. Such suspension does not relieve the Subscriber from the obligation to pay the monthly charges provided herein. Only a written request to terminate your Service, once accepted by VIP Follow Up, relieves you of your obligation to pay the monthly account charge. Accounts in default are subject to a late payment charge of $25 and an interest charge equal to the lesser of (i) 1.5% per month or (ii) the highest rate permissible by applicable law, on the outstanding balance. If the Subscriber defaults, the Subscriber agrees to pay VIP Follow Up its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.

All files, information and mail under the account will be preserved for twenty (20) days from the date the payment is due. If the payment is not received after twenty (20) days, all files, information and mail under the account may be deleted by VIP Follow Up. If the Subscriber wishes to use the Service again, the Subscriber must re-apply as a new subscriber.

Termination; Suspension

In addition to other termination rights provided herein, Service provided by VIP Follow Up may be cancelled in writing at any time with no penalty. Customer unit name and password must be included in the cancellation request. Cancellation will take effect only when the receipt of the cancellation request is confirmed by VIP Follow Up. The Subscriber agrees that the company has the right to delete all data, files or other information stored in the Subscriber's account if the Subscriber's account with the company is terminated, for any reason, by either VIP Follow Up or the Subscriber.

System accounts may not be transferred or used by anyone other than the Subscriber. Accounts which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation.

VIP Follow Up shall have the right to suspend service to the Subscriber at any time, and for any reason, without notice. If such a suspension is to last for more than twenty (20) days, the Subscriber will be notified as to the reason.

Reactivation Fee

If you cancel your account, we will keep the leads inactive for at least 60 days and all users will be locked out of the the account, including the Subscriber. If you reactivate the account, there is a $39 reactivation fee. After 60 days we will permanently delete all your contacts.

Intellectual Property Rights

VIP Follow Up is committed to respecting intellectual property rights. If you identify copyrighted material that belongs to you posted without your permission contact www.vipfollowup.com or sent through the services please follow the directions below to let us know. Please include the subject matter "DMCA Takedown Request" in your communication. Your notice must include all of the following:

a physical or electronic signature of someone authorized to act on behalf of the copyright owner;
identification of the work that has allegedly been infringed;
identification of the website material that is allegedly infringing;
information for the website owner to contact the complaining party, such as a postal address, telephone number, or email address;
a statement that the complaining party has a good faith belief that the allegedly infringing use is not authorized or legal; and
a statement that the information in the takedown notice is accurate and, under penalty of perjury, that the author of the takedown notice is authorized to act on behalf of the copyright owner.

Nature of Subscriber Information

VIP Follow Up exercises no control whatsoever over the content of the information passing through VIP Follow Up. All leads (email addresses) generated by Subscriber are held strictly confidential. The leads are never released to any other parties for any purpose. The lead information is only used on VIP Follow Up servers to deliver the follow up messages designated by the Subscriber. For more information on VIP Follow Up's privacy practices, see our Privacy Policy at www.vipfollowup.com/privacy.php.

Warranties

VIP Follow Up makes no warranties of any kind and use of any information obtained via VIP Follow Up is at your own risk. VIP Follow Up specifically denies any responsibility for the accuracy or quality of information obtained through its services. Except as expressly set forth in this Agreement and to the maximum extent permitted by applicable law, VIP Follow Up expressly disclaims all other warranties, conditions or representations, express or implied, statutory or otherwise, regarding the services provided by VIP Follow Up hereunder, including any implied warranties or conditions of merchantability, satisfactory or merchantable quality and fitness for a particular purpose, or those arising from a course of dealing or usage of trade. VIP Follow Up will not be responsible for any damage suffered. VIP Follow Up shall have no liability whatsoever for any consequential, incidental, or punitive damages, including but not limited to, loss of profits or earnings, loss of sales, claims of Subscriber's customers, or any other costs, expenses or damages. The foregoing includes, without limitation, loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by VIP Follow Up negligence or the Subscriber's errors or omissions.

LIMITATION OF LIABILITY

ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO VIP FOLLOW UP FOR THE CURRENT CALENDAR MONTH.

Force Majeure

If either party is delayed or hindered in, or prevented from, the performance of any obligations under this Agreement (other than the obligation to pay amounts due hereunder) solely and exclusively by reason of fire or other casualty to a facility, failure of electrical power or other public utility infrastructure, war, riot, terrorism, insurrection, labor strikes (including without limitation "lockouts" and generalized labor disputes), floods, "acts of God" and/or other extraordinary matters not reasonably within such party's control (collectively, "Force Majeure"), then performance of any such obligation shall be extended for a period of time equivalent to the period of delay caused by Force Majeure.

Governing Law

This Agreement shall be governed by the laws of the State of Wisconsin and the applicable federal laws of the United States.

Miscellaneous

This Agreement supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of VIP Follow Up service constitutes acceptance of the terms and conditions contained in this Agreement. Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.