This TERMS OF SERVICE (this “Agreement“) is made between HOTSOL, Inc. (“HOTSOL”) and you, or, if you represent an entity or other organization, that entity or organization (in either case “You”).
HOTSOL provides services related to the development, transmission, analysis, and management of email messages (the “Services”) through the web site located at www.hotsol.net (the “Site”). HOTSOL exercises no control whatsoever over the content of the information passing through the HOTSOL Site.
All access to and use of the Services available through www.hotsol.net are subject to the terms of this Agreement and may only be used in compliance with the terms of this Agreement.
The Services are available only to persons or organizations that can form legally binding contracts under applicable law and are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services. If you are using the Services on behalf of an organization, you represent and warrant that you have the ability to bind such organization by your use of the Services.
This Agreement is entered into on the date you first submit an order relating to the Services. Unless otherwise amended as provided herein, this Agreement will exclusively govern your use of the services and is the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between the parties, regarding your access to the Services.
You agree to provide true, accurate, current and complete information about yourself and your organization, as applicable, as requested in the registration form and elsewhere on the Site, and agree to update such information if it changes.
The confidentiality of your account, passwords, and files remain your responsibility. HOTSOL disclaims responsibility for any abuse of a customer account by way of misuse of username and password or other account identifying information. You are expected to immediately notify HOTSOL in writing in regards to any breaches of security. HOTSOL disclaims any and all liability for any loss or damage from your failure to comply with this security obligation.
Accounts cannot be transferred or used by anyone other than the subscriber. Accounts that have been transferred to other parties, or show unauthorized are subject to immediate cancellation.
The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates state or other laws that may apply in your local area is prohibited. This includes material that is obscene, threatening, harassing, libellous, or in any way a violation of intellectual property laws or a third party’s intellectual property rights.
Every email message sent must contain an “unsubscribe” link that allows recipients to remove themselves from your mailing list. Under the CAN-SPAM Act of 2003, you acknowledge that you are responsible for honoring the list of unsubscribe requests.
Although we have no obligation to monitor the content provided by you or your use of the Services, we may do so and may block any messages or campaigns, remove any content, or prohibit any use of the Services that we deem, at our sole discretion, to be harmful, offensive or otherwise in violation of is Agreement. You further understand and agree that we have the right to reformat, edit, monitor, reject, block or remove any of your content at any time. In no case will the foregoing make us responsible or liable for compliance with any such laws or obligations, for which you remain solely responsible and liable.
The HOTSOL website and services shall only be used for lawful purposes and only in compliance with these Terms and Conditions, the CAN-SPAM Act and regulations thereunder and all other applicable U.S., state, local and international laws in your jurisdiction, including but not limited to:
Canada’s Anti-Spam Legislation and any other policies and laws related to unsolicited emails, spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws, laws relating to advertising, sales or promotional efforts or practices, redemption, refunds and provision of your products or services; laws that govern false, unfair and deceptive practices, coupons, gift cards/certificates, defective products or services, unclaimed property, alcohol or tobacco, health and safety, fire, and hygiene standards;laws that govern lotteries, sweepstakes, contests and promotions laws that govern the collection of donations and charitable giving
In recognition of the global nature of the Internet, you agree to comply with all local rules, regulations and laws where you reside or your organization is located regarding online activities and sending emails. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. You’re responsible for determining whether our Services are suitable for you to use in light of any laws and regulations that apply to you.
HOTSOL makes no representation that our platform is appropriate, allowable or available for use in other locations. Those who access our services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations, and HOTSOL will not be liable if our services don’t meet those requirements applicable to you specifically.
Our offerings include recurring monthly subscription fees and pre-payment options. You agree to pay all charges for your use of the services according to the payment plan applicable to your Services, and in effect for your country of residence. You agree that HOTSOL may automatically charge the applicable fees to your payment method at the beginning of each recurring period.
By becoming a HOTSOL customer, you hereby acknowledge and agree that all recurring monthly, semi-annual or annual fees are to be billed on an ongoing basis until HOTSOL Services are terminated in accordance with HOTSOL’s Termination Policy. All payments must be made in advance; otherwise, HOTSOL services will be disabled until payment is received. All fees are payable in U.S. dollars and are NON-REFUNDABLE.
HOTSOL reserves the right to change prices or institute new charges for Service at any time in our sole discretion. All changes become effective immediately upon being posted on our website. HOTSOL reserves the right to cancel or refuse services to anyone based on inaccurate or outdated information.
All changes will be posted on www.hotsol.net and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Services or non-termination of your HOTSOL account after changes are posted constitutes your acceptance of the prices as modified by the posting changes.
If payment is by credit card, the subscriber authorizes HOTSOL to charge the credit card listed on the subscription form for Services that may accrue from month to month, or for any past-due balances, in order to bring the account to current status.
No Refunds: Either party may terminate this contract for services at any time for any reason. There are NO REFUNDS for any fees paid. If you have already made payment for any given month, and you terminate your account at some point during the same month, for which you have already paid, there will be no refunds of amounts already paid, only no new recurring charges will be made to your account.
Request to Terminate: You are responsible for terminating your account. You may terminate this contract at any time via written request to email@example.com or via the billing software by choosing cancelation under Services. Keep in mind if your subscription is recurring via a Pay Account, you will have to cancel the subscription directly from your PayPal account. HOTSOL shall have no liability to you or any third party because of such termination. HOTSOL will not refund fees charged to your account and credit card as a result of your failure to properly terminate your account in accordance with these Terms and Conditions.
Right to Terminate: HOTSOL reserves the right to terminate your account without notice at any time for content or activity that it deems in its sole discretion, to be improper, illegal, in contravention of SPAM laws or otherwise in breach of these Terms and Conditions. In no case will such actions make us responsible or liable for compliance with any such laws or obligations, for which you remain solely responsible and liable.
Availability of Archived Data Following Termination: The subscriber agrees that the company has the right to delete all data, files or other information that is stored in the subscriber’s account if the subscriber’s account is terminated, for any reason, by either HOTSOL or the subscriber.
We reserve the right to send messages to you to inform you of changes or additions to the Services, this Agreement, violations of this Agreement, actions relating to your privilege to use the Services, for marketing purposes and any other matters pertaining to the Services and this Agreement. Nothing in this provision shall require or obligate us to send any notice if no notice is required or mandated elsewhere in this Agreement.
By entering into this agreement, you acknowledge that we may contact you via the telephone number you entered on the Site, via Chat or Email and you consent to receive such communications. You do not need to agree to this provision in order to use the Site or purchase the Products. You may unsubscribe from our marketing communications at any time, although you will continue to receive transactional messages from us.
We are not liable for any default or delay in the performance of any of our obligations under this Agreement if such default or delay is caused, directly or indirectly, by forces beyond our reasonable control, including fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for us to perform our obligations hereunder.
EXCEPT WITH RESPECT TO DEATH OR PERSONAL INJURY DUE TO THE NEGLIGENCE OF HOTSOL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL HOTSOL OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, THIRD PARTY SUPPLIERS AND PROVIDERS AND MEMBERS OF OUR NETWORK, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “HOTSOL”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF CONSTANT CONTACT SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF HOTSOL TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APPLICABLE SERVICE IN THE 12 MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY HOTSOL TO YOU IN THAT 12 MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
You agree that HOTSOL has set its prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they form an essential basis of the bargain between the parties.
YOU EXPRESSLY AGREE THAT THE SITE AND THE SERVICES (INCLUDING ANY CUSTOM SERVICES OFFERINGS) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE OR THE SERVICES AND ANY RELIANCE BY YOU UPON THE SITE OR THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE USE OF THE SITE OR THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE OR COMPLETELY SECURE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SAME. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR COMPLIANCE WITH OR BREACH OF ANY LICENSE OR TERMS AND CONDITIONS OF ANY THIRD PARTIES OR THIRD PARTY SERVICES. IN ADDITION, WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (a) THE ACCURACY OR RELIABILITY OF ANY THIRD PARTY CONTENT, OPINION, ADVICE OR STATEMENT MADE BY ANYONE OTHER THAN US, OR (b) ANY EVENT HOSTED, DONATION SOLICITED, THE RESULTS OF ANY SURVEY, OR ANY PRODUCT OR SERVICE PURCHASED OR OTHERWISE OBTAINED FROM ANY THIRD PARTY, INCLUDING OUR CUSTOMERS. NO CLAIM MAY BE ASSERTED BY YOU AGAINST US MORE THAN 12 MONTHS AFTER THE DATE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SITE OR THE SERVICES SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SITE OR THE SERVICES.TO THE EXTENT APPLICABLE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO (a) ANY CONTENT POSTED ON YOUR SITE OR IN ANY MATERIALS YOU SEND USING THE SITE OR THE SERVICES, (b) THE CONDUCT OF ANY OTHER CUSTOMERS OF OURS OR THEIR RESPECTIVE SUBSCRIBERS AND (c) ANY PROBLEMS THAT MAY ARISE FROM ANY REMOTE ACCESS TO YOUR COMPUTERS OR OTHER SYSTEMS YOU PROVIDE TO OUR PERSONNEL OR AGENTS FOR THE PURPOSE OF TROUBLESHOOTING ISSUES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (IF YOU ARE A CALIFORNIA RESIDENT), AND ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION (IF YOU ARE A RESIDENT OF SUCH JURISDICTION).
You hereby acknowledge and agree to defend, indemnify and hold harmless HOTSOL and our business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any action that (i) arises from any alleged breach of this contract, or (ii) otherwise arises out of or relates to your use of HOTSOL products and services. You also acknowledge and agree that HOTSOL has the right to seek damages when its products and services are used for an unlawful purpose or manner, and/or in any manner inconsistent with these Terms and Conditions, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of the SERVICES, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order.
The Site and the information it contains, are the property of HOTSOL and, in some cases, its affiliates and licensors, and are protected by United States and international intellectual property laws. Except as permitted under a separate written agreement with HOTSOL, any content or information, may not be reproduced, republished, repurposed, or distributed without the prior written permission of HOTSOL.
Except as expressly set forth herein, no agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind us in any respect whatsoever.
This contract is the complete and exclusive statement of the mutual understanding between HOTSOL and you, and it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this contract, and that all waivers and modifications must be in a written statement signed by both parties, except as otherwise provided herein. If any portion of this contract is deemed to be invalid or unenforceable pursuant to a court of law or the like, the remainder of the agreement shall continue in full effect and an enforceable provision closely matching the intent of the original provision will replace the invalid or unenforceable provisions.
In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.
This agreement shall be governed by the laws of the State of Pennsylvania and the United States. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of Hotsol Services constitute acceptance of these Terms and Conditions.