Terms and Conditions.
The short TL;DR Version :
- We run a very personalised bulk email service for serious, professional, internet marketers.
- We will act professionally at all times.
- We expect the same from you.
- We will not steal your lists or market to them.
- You will not be allowed to send spam.
- All lists are cleaned every month (Not optional).
- We want to preserve high deliverability for your benefit.
- We are a small, personal service where you deal directly with the owners.
This website at https://agencybizz.com (the “Site”) is owned and operated by Sharpe Marketing. Your access to this Site and your use of the information and services provided herein is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site (known collectively as the “Terms of Service”).
AgencyBizz operates and provides bulk email services to users who register with us to send email data from our system (collectively, the “Service”). By using the Service, you agree to be bound by the Terms of Service. These Terms of Service apply only to the Service described in this document, and not any other service.
AgencyBizz reserves the right to amend these Terms of Service at any time. We suggest that since you are bound by these Terms of Service, you should periodically refer to them in this document and elsewhere on the Site. If you do not agree with the Terms of Service, do not use this Site. If at any time you have any questions or doubts as to whether your use may contravene our Terms of Service, please contact us at [email protected] before engaging in such activities.
Restrictions on Use
You shall use our email Service and web site for lawful purposes only. You shall not:
Modify, copy, distribute, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, software, products, services, or other materials on, generated by or obtained from the Site (collectively, the “Materials”).
Redeliver any page, text, image, or Materials on the Site using “framing,” hyperlinks, or other technology.
Engage in any conduct that could damage, disable, or overburden (i) the Site, (ii) any Materials or services provided through the Site, or (iii) any systems, networks, servers, or accounts related to the Site, including without limitation, using devices or software that provide repeated automated access to the Site
• Probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to the Site or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with the Site through hacking, password, or data mining, or any other means of circumventing any access-limiting, user authentication, or security device of any Materials, services, systems, networks, servers, or accounts related to the Site.
• Send mass emails to purchased or rented lists of addresses, or contacts gathered online in bulk (for instance via an email spider). You can send newsletters with AgencyBizz only to opt-in or double opt-in contacts.
Misuse of this site will result in prosecution to the maximum extent permitted under state, Federal and international law. AgencyBizz reserves the right to refuse service to users, and any conduct by you that in AgencyBizz’s discretion restricts or inhibits any other user from using or enjoying the web site and/or service will not be permitted.
AgencyBizz services carry a 15 day satisfaction guarantee to all new AgencyBizz customers. A full refund will be granted to all new AgencyBizz accounts cancelled within the first 15 days or after a user has sent 100 messages (whichever is sooner). Thereafter, no refunds will be permitted. All monthly plans will automatically renew at the end of the plan’s Billing Cycle (monthly or annual).
You may cancel your monthly/prepaid or annual plan at any time by emailing us at [email protected] If after the cancellation, and at the end of the period of validity of the service, there are no additional active payment services in the account, AgencyBizz reserves the right to remove all the information concerning the account from its servers, including statistical data and to inhibit the access to such data to the user, permanently. In case of incomplete or missing payment of the renewal of a monthly or prepaid plan, where this represents the only paid service of the account, AgencyBizz will allow the customer to complete the payment within 7 working days after the expiry date of the service. Then the account information will be removed permanently.
Cancellation requests submitted fewer than 15 days prior to a billing date may result in automatic billing for one (1) additional billing cycle. To avoid automatic billing for a subsequent billing cycle, you must submit your online cancellation request at least 15 days prior to your billing date.
No refunds will be issued for closed services due to one or more spam complaints received from any spam report service or internet provider, or blacklisting of one or more IPs assigned to the account. There are no refunds for anyone who does not meet the conditions described in our Anti-Spam policy: https://agencybizz.com/anti-spam-policy.
However, we reserve the right to close services and accounts without giving reasons and without prior notice, by making a pro-rata refund or considering the emails sent up to the time of closing.
You agree that serversmtp.com in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason or no reason, including, without limitation, for SPAM as described here by FTC
or if AgencyBizz believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. AgencyBizz may also in its sole discretion, for any reason or no reason and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that AgencyBizz may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Service. Further, you agree that AgencyBizz shall not be liable to you or any third-party for any termination of your access to the Service.
This Site is controlled and operated by AgencyBizz, https://agencybizz.com. All materials on the AgencyBizz Site including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively “Intellectual Property”), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by AgencyBizz or owned by other parties who have licensed their intellectual property to AgencyBizz, and all other derivations of the “AgencyBizz” mark appearing on this web site are trademarks and/or service marks of AgencyBizz, and all other trademarks, service marks, and trade names used on the site are the property of their respective owners. Except as expressly authorized herein, material from this Site and from any other web site owned, operated, controlled, or licensed by AgencyBizz may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of AgencyBizz’s intellectual property in any form, including but not limited to use on any other web site or networked computer environment, without express written authorization is a violation of AgencyBizz’s copyrights and other proprietary rights and is strictly prohibited.
LINKS IN THIS WEB SITE MAY LET THE USER LEAVE AgencyBizz SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF AgencyBizz, AND AgencyBizz IS NOT RESPONSIBLE FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITES LINKED TO THE WEB SITE. AgencyBizz IS PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO USERS, AND ACCESS TO ANY OTHER INTERNET SITES LINKED TO THIS WEB SITE IS AT THE USER’S OWN RISK. THE INCLUSION OF ANY LINK DOES NOT IMPLY A RECOMMENDATION OR ENDORSEMENT BY AgencyBizz OF THE LINKED SITE.
Limitation of Liability and Disclaimer of Warranties
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SERVICE. AgencyBizz, ITS CLIENTS, PROVIDERS, AND AUTHORIZED AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE OR COST (INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL AND PUNITIVE DAMAGES) WHICH YOU INCUR DUE TO YOUR USE, OR INABILITY TO USE, THE SERVICE. IF YOU LIVE IN A STATE THE LAWS OF WHICH PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, AgencyBizz ‘S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL AgencyBizz ‘S LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES TO THE PROPERTY OR PERSON CAUSED BY OUR NEGLIGENCE. AgencyBizz MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), REPRESENTATIONS, OR ENDORSEMENTS REGARDING THE SERVICE OR ANY THIRD PARTY MATERIAL ADVERTISED, PROMOTED, OR MADE AVAILABLE THROUGH THE SERVICE.
FURTHERMORE, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS – WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. AgencyBizz DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, OR SERVICES ADVERTISED EITHER BY AgencyBizz‘S PARTNERS OR PROMOTED IN CONJUNCTION WITH AgencyBizz ‘S PROGRAMS. YOU AGREE THAT NEITHER AgencyBizz, NOR ITS AFFILIATED OR RELATED ENTITIES, OR ITS CONTENT PROVIDERS, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION OR OPINIONS PROVIDED ON THIS SITE.
You agree to indemnify AgencyBizz and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of any of the provisions of the AgencyBizz Terms of Service.
This site is controlled and/or operated by AgencyBizz from its offices within the State of New York, United States of America. AgencyBizz.com makes no representation that materials in this site are appropriate or available for use in other locations outside the United States. Unless otherwise expressly stated, advertising and related materials made available through this site, or through any site displaying the authorized AgencyBizz.com logo, or otherwise linked to this site are intended only for presentation within the United States, its territories and protectorates. Those who choose to access this site from other locations do so on their own initiative and without warranty or recourse except as provided for by United States law.
Choice of Law
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, without regard to its conflicts of law principles. Any action brought to enforce this Agreement or, in connection with, any matters related to this Site, shall be brought only in either the state or Federal courts located in New York, and you expressly consent to the jurisdiction and venue of said courts. This Agreement shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is hereby excluded. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. You also acknowledge and agree that AgencyBizz will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose information or materials in our possession.
Assignment and Succession
You may not grant, devise, or otherwise assign any rights or benefits under this Agreement to any other party. Notwithstanding any other provision of this Agreement, AgencyBizz, its successors and assigns may fully enforce any term or provision of this Agreement, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.
This document, including the documents referenced by and incorporated into this document, form the complete agreement between you and AgencyBizz with respect to the Service. Any other statements, trade practices, or conduct engaged in by either party shall not alter or modify this Agreement; the words contained in this document control the entire meaning of this agreement. Any decision not to enforce a particular provision of this agreement does not waive the right to enforce it at any other time and AgencyBizz will not waive the right to enforce any provision of this agreement except in writing.