1. Service

Implix provides the Service that enables you to manage the contact list and use the automated promotion tools with the automated email follow-up autoresponder system which, in particular includes the following: (a) email delivery mechanisms, (b) list-builder, (c) other advanced automation features.

Within the Service, Implix provides two types of accounts: the GetResponse FREE ("FREE Account") and the GetResponse PRO ("PRO Account").

Implix offers several payment plans for the GetResponse PRO Account subscription: a monthly "PRO BRONZE" subscription, a quarterly "PRO SILVER" subscription, a semi-annual "PRO GOLD" subscription and an annual "PRO PLATINIUM" subscription.

2. Customer Obligations

The Service is provided to the registered users, hereinafter referred to as "the Customer". The Customer may choose their login and password, hereinafter referred to as the "login details". The Customer is responsible for keeping the secrecy of their login details. On registration to the Service, the Customer agrees to:

(a) fill out the registration form with current, complete, and accurate data;

(b) maintain and promptly update this data as current, complete and accurate as possible;

(c) choose an account type and subscription plan;

(d) pay in due time all the fees accrued to the use of the Service;

(e) the Terms of Service stated herein as well as the Implix Anti-Spam Policy or their amended versions and any other policy developed, published and formulated by Implix;

(f) send or stream through the Service only such materials that they have full rights to use and publish on the Internet;

(g) conform to the rules relating to sending out electronic messages, in particular commercial electronic messages and processing of personal data in force in the country of the Customer's residence as well as the US laws (the CAN SPAM Act) and the rules of European Union.

The Customer should represent that they either act as a consumer or conduct a business activity and use the Service for the purposes of such business. The Customer is solely responsible for the contents of their representation and all results of any misrepresentation in that matter.

The Customer gives their express consent to receive commercial information about products and services of Implix.

Upon subscription to the Service, the Customer expressly agrees to receive invoices issued by Implix by electronic means of communication.

The Customer realizes that they are solely responsible for the content of the materials which are sent or streamed by means of the Service.

All the information and materials sent through the Service are sent to recipients by the Customer, not by Implix. Any and all communication through the Service is transmitted between the Customer and their recipients. As a result, even though a certain recipient may have opted-out from receiving communications from Implix, such recipient may receive certain Service-related e-mails sent by the Customer. In addition, if applicable, Implix may send announcements and/or e-mails to your recipient in your name, as your agent, at your request and on your behalf. You are solely responsible for such e-mails and the contents thereof.

The Customer realizes that they are solely responsible for any actions or omissions related to processing of personal data or sending out electronic messages by means of the Service through their account.

The Customer expressly agrees that the use of the Service is at their sole risk.

The Customer expressly agrees that use of the Service is at their sole risk and accepts the fact that the Service is provided on an "as is" basis, without guarantees of any kind.

The Customer ensures with no limits a due application of the Implix Anti-Spam Policy and appropriate law provisions regarding the processing of email addresses and other personal data. Without any limitations, the Customer is particularly obliged not to send unsolicited messages ("spam").

The Customer must provide accurate and true registrant contact details and is required to maintain and promptly update this data as current, complete and accurate as possible. Implix reserves the right to suspend and terminate the Customer's account and refuse any and all current or future use of the Service, should the Customer provide any information that is untrue, not current, inappropriate or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.

The Customer may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service, or to surreptitiously intercept any system, data or personal information from the Service nor any website owned or controlled by Implix.

The Customer may not take any action that imposes unreasonable or disproportionately large load on the website network or other Implix service infrastructure.

Implix reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel placed orders at its sole discretion. Implix reserves the right to refuse with an immediate effect any and all current or future use of the Service to the Customer, who intentionally or maliciously evades the obligations stated in these Terms of Service, Implix Anti-Spam Policy or arising from custom and other best practices of conduct on the Internet.

Implix reserves the right to issue a warning should the Customer be found spamming or using the Service for any abusive or illegal practices. Appropriate actions, such as disabling Customer's account, terminating the Service, and/or reporting the Customer and the incident to proper authorities shall be taken immediately should the Customer appear to perform or be performing such practices, despite the explicit warning.

3. Abusive And Illegal Practices

1. The Customer is not allowed to use the Service to send any material that, intentionally or unintentionally, violates any applicable local, state, national or international laws, or any rules or regulations promulgated hereinafter, or any copyrights or any other rights of a third party.

2. The Customer agrees that the use of the Service is subject to all applicable national, international, state, and local laws as well as any and all applicable regulations, including the Terms of Service. Furthermore, the Customer agrees that, as far as their business practices are concerned, they shall not stream, disclose, engage and/or offer to sell any goods or services that:

(a) are unlawful, threatening, abusive, harassing, defamatory, obscene, libelous, slanderous, deceptive, fraudulent, invasive of another person's privacy, tortuous, or otherwise violate Implix's rules or policies;

(b) victimize, harass, degrade, or intimidate an individual or a group of individuals on the basis of religion, politics option, gender, sexual orientation, race, ethnicity, age, or disability;

(c) associate any content streamed through the Service with pornography, adult related material, child pornography, bigotry, racism, hatred, profanity, mail fraud, or any material which may be insulting to another person or a company;

(d) infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, including, but not limited to, unauthorized copying and posting pictures, logos, software, articles, musical works and videos;

(e) contain harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, surreptitiously intercept or expropriate services or any system, program, data or personal information, or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of any third party;

(f) impersonate any person or entity, including any of our employees or representatives;

(g) violate any law, statute, ordinance, or regulation including, without limitation, those governing consumer protection, Internet tobacco sales, unfair competition, antidiscrimination or false advertising;

(h) offer or disseminate fraudulent goods, services, schemes, or promotions (e.g. make money fast schemes, chain letters, pyramid schemes) or engage in any unfair deceptive act or practice;

(i) are associated with any form of gambling or lottery type services;

(j) are associated with any form of adult, sexually oriented, or obscene materials or services, including without limitation, any material clearly designed to sexually arouse the viewer/reader (e.g. books, text, photos, videos, X-rated movies, pornographic materials, etc.), any materials which require individuals to be eighteen (18) or older to view or purchase those materials, escort services, and adult websites;

(k) are associated with the sale of:

(i) any controlled drug that requires a prescription from a licensed practitioner; or
(ii) any over-the-counter drug, or
(iii) nonprescription drugs;

(i) nicotine, nicotine products, products imitating nicotine products, symbols related to smoking or nicotine;
(ii) alcohol of any kind;
(iii) drugs of any kind, products related to drugs, symbols related to drugs, the use of drugs of any kind;
(iv) medical services, medical aid, medical assistance, medicines;
(v) video lotteries, cylindrical games, card games, dicing, and automated games;

4. Payments

The Customer is obliged to pay in due time all fees for the use of the Service according to the chosen payment scheme.

The subscription payment includes the down payment fee for (i) the subscription to the Service account of a chosen type, (ii) Phone, Email and Live Chat Customer Support, (iii) hosting in the account up to 10,000 unique email addresses and (iv) special features as described in the Service website.

Access to the Service shall be provided to the Customer for a certain period of time, according to the chosen subscription plan, upon receiving the subscription payment.

The Customer agrees to pay recurring fees for the subscription, per the subscription plan. The recurring fee, deducted automatically, is based on the price list which is presented on the GetResponse.com website.

The recurring payment of the actual amount for a chosen scheme will be issued on the first day after the expiration date of the subscription (hereinafter referred to as the "recurring date"). If the recurring is unsuccessful at that point, Implix will retry to complete the payment in the following days and, if the completion of the transaction is unsuccessful, will terminate the Service.

The Customer agrees to pay an extra "Expanded Mailing List Usage" fee for every additional 5,000 unique email addresses hosted in their account. Email addresses subject to additional fee shall be calculated on the basis of the total number of emails from all mailing lists hosted in the Customer's account. In case of email addresses hosted on more than one list, all entries of the same email shall be included in the total number. The Expanded Mailing List Usage fee will be charged, in arrears, after 30 days. In case of GetResponse prepaid Customers (that is 3, 6, 12-months paid in advance), the fee will be assessed on a monthly basis.

Where appropriate, tax on goods and services (VAT) shall be added to the payment price in accordance with currently effective rates. Upon the receipt of each payment Implix will issue an invoice for the Service within 30 days. The Customer expressly agrees to receive invoices issued by Implix by electronic means of communication.

The Customer may change the subscription plan for the next subscription period without any charges. The Customer may also change the subscription plan during the subscription period. In such case, the down payment made will be re-calculated proportionately to the period to which the Customer initially subscribed to.

Bonus amount representing difference between amounts of the down payment and recalculated payment shall be kept by Implix on account of the following fees due to Implix. Upon receiving payment, Implix sends an email to the Customer, containing a payment confirmation receipt and an invoice.

Implix reserves at its sole discretion the right to change the fees for the Service subscription. The actual fees and prices are available at: https://secure.implix.com/getresponse.html.

5. Technical Requirements

Implix assures that the Service will operate on Windows 95/98/NT/2000/Me/XP/Vista platform with the latest version of Internet Explorer or Mozilla Firefox.

6. Customer Support Service

Implix provides Email, Live Chat and Phone Support for the Customers.

The Customer may address all questions, doubts, and report errors via email to the GetResponse Customer Support Department at: http://www.getresponse.com/contact or call US and Canada toll-free number at: 1-877 EMAILGR (1-877-362-4547). The Customer should provide at least the account name and their name. Implix does not investigate or take any action based on "anonymous" support requests.

Implix assures that response shall take place within two business days after receiving a request from the Customer.

7. Anti-Spam Policy

Implix constitutes the Implix Anti-Spam Policy as an inherent part of these Terms of Service.

The Customer or any third party working on behalf of the Customer must not use the Service and/or the name of the Service Provider or any of the trademark of the Service Provider to transmit, distribute or deliver any unsolicited and unwanted e-mail correspondence.

8. Complaint Procedure

The Customer is requested to submit their complaint to the Customer Support Department at: http://www.getresponse.com/contact.

Upon complaint, the Customer should provide at least the account name and their name. Implix does not investigate or take any action based on "anonymous" complaints.

The Customer Support Department will investigate the problem as soon as possible and advise the Customer how the issue will be or has been processed.

The Customer has the right to be advised about the status of processing their issue. Should any problem with the Service occur, Implix assures to undertake all measures to solve it as soon as feasible.

9. Copyrights And Trademarks

All content included on the GetResponse.com website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Implix or its content suppliers and protected by Polish, U.S. and international copyright laws. No part of this website may be reproduced or transmitted in any form or by any means without express written consent from the authors.

Implix, GetResponse, GetResponse.com are trademarks of Implix and Simon Grabowski in the Republic of Poland, the United States and other countries.

Trademarks of Implix and Simon Grabowski may not be used in conjunction with other companies' products or services, in any manner that may cause confusion among customers and potential customers, or in any manner that discredits Implix, its products and services.

10. Privacy

Implix constitutes the Privacy Policy as an inherent part of these Terms of Service. Implix will never use the information about the Customer, or their customers that is collected within the Service to send any unsolicited messages or information nor share it with or sell to anyone else for such use, according to the Implix's Privacy Policy.

To perform the Agreement, Implix shall collect personal information, such as, but not limited to: (i) the Customer's first name, (ii) last name, address, (iii) credit card number, (iv) identification numbers, such as tax identification number, (v) phone number, (vi) email address, that is not otherwise publicly available.

Implix will keep the personal data given by the Customer as long as required in order to perform their obligations under this Agreement.

The Customer recognizes that they are the controller of all personal data given to Implix to process. Implix shall be responsible for ensuring sufficient security measures for processing personal data given by the Customer.

The Customer shall have sole responsibility for any and all information used and submitted in connection with the Service. Implix shall have no responsibility thereto. The Customer shall comply with all data protection and privacy laws and rules applicable to third parties information. You shall defend, indemnify, and hold Implix harmless from any claim, suit or proceeding brought against Implix by third parties in connection with any acts or omissions with regards to such information. The Customer may refer their clients to the Implix's Privacy Policy. Implix shall accept no responsibility for the Customer's privacy policies and for processing their personal data by the Customer. You agree and acknowledge that your information collected through the Service or in connection with the Service may be transferred across national boundaries and stored and processed in any of the countries around the world in which Implix maintains offices, including the United States.

Unless it is required to do so by law, Implix will not provide any personal Customer's data to third parties other than its employees, affiliates or contractors to the extent such is required in order to perform the Service for the Customer.

11. Right To Withdrawal

The Customer has a period of 30 days in which to withdraw from ordering a PRO account without penalty and without obligation to give any reason. In order to exercise this right to withdrawal, the Customer must send an email with a cancellation request to the Implix Billing Department at: http://www.getresponse.com/contact.

Implix is obliged to reimburse the total sum paid by the Customer free of charge. Such reimbursement will be carried out by Implix as soon as possible.

The withdraw policy is applicable to every single account type: (i) GetResponse PRO BRONZE, (ii) GetResponse PRO SILVER, (iii) GetResponse PRO GOLD, (iv) GetResponse PRO PLATINIUM. The Customer's right to withdraw can be exercised within the first 30 days after submitting the order form. After the period of 30 days the Customer shall not be entitled to any partial or whole reimbursement of any fees or payments already paid or due according to the Section 4 of these Terms of Service.

12. Termination Of Service

The Customer may terminate the Service at anytime with an effect on the day in which the paid subscription has expired.

Unless expressly or explicitly mentioned in these Terms of Service, the Customer shall not be entitled to any partial or whole reimbursement of any fees or payments already paid or due, according to the Section 4 of these Terms of Service.

If the Customer wants to terminate the Service, they are required to send a cancellation request to the Billing Department at: http://www.getresponse.com/contact and provide at least the account name and the email address, no later than two business days prior to the recurring date.

Implix reserves at its sole discretion the right to terminate the PRO Account Service in the event of not receiving a due payment or a recurring payment.

Implix reserves at its sole discretion the right to instantly terminate the Service in the event: (i) the Customer is found to be using Implix services for spam activities, or (ii) of other abusive or illegal practices, as mentioned in the Section 3 above, or (iii) the Customer does not conform to any of their obligations as referred to in the Section 2 above.

Implix reserves at its sole discretion the right to terminate the Service in the event of receiving an independent verification that the Customer provided grossly inaccurate, unreliable or false registrant contact details, or failed to keep such contact details up to date.

In aforementioned situations, the Service will be terminated with an immediate effect. Any down payment made for the Customer will not be re-calculated. The Customer shall not have any right for reimbursement of the sum paid nor any part of such sum. Implix will not perform any recalculation of the down payment amounts.

13. Disclaimer Of Warranties. Limitation Of Liabilities

Implix guarantees an average up time of 99.5% per month of the Service on the condition of full availability of the services of its Internet and Telecom Providers.

Implix does not guarantee any minimum response times nor deliverability times in connection with performance of the Service.

All relevant files on the Implix server, including those containing personal Customer's data and information stored and processed on Implix servers through the Service, are backed up and stored in a fire and theft protected location which is separate from the location of the Implix servers.

IMPLIX DOES NOT WARRANT FOR THE WEBSITE AND THE SERVICE IT IS PROVIDING. IMPLIX DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND THE WEBSITE ARE DISTRIBUTED ON "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

For breach or default by Implix of any of the provisions of these Terms of Service, Implix's entire liability, regardless of the form of action, whether based on contract or tort, including negligence, and including the furnishing, the failure to furnish or the quality of any Service, shall in no event exceed in the aggregate the amount paid by the Customer for the Service that is the subject of the claim in one month immediately preceding the date the Customer notifies Implix of such claim, or in the aggregate, in respect of all claims under or related to the Services provided by Implix to the Customer.

IN NO EVENT WILL IMPLIX NOR ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR SUPPLIERS BE LIABLE FOR LOSSES OR DAMAGES HEREUNDER OR UNDER ANY SERVICES SCHEDULE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE (EVEN IF IMPLIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS) INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND OR ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PERSON RESULTING FROM OR ARISING IN ANY CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, ANY SERVICES SCHEDULE OR ANY OBLIGATION HEREUNDER OR THEREUNDER (INCLUDING THE SERVICES), HOWSOEVER CAUSED (INCLUDING BREACH OF A WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY LEGAL, STATUTORY OR EQUITABLE CAUSE OF ACTION).

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM BY THE CUSTOMER, INCLUDING, WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT.

Implix shall not be responsible or liable for any loss, damage or inconvenience suffered by the Customer or by any third person, to the extent that such loss, damage or inconvenience is caused by the failure of the Customer to comply with their obligations under this Terms of Service.

Implix is not responsible for any delay or failure in performance due to Force Majeure or other occurrences that are beyond Implix's reasonable control. Implix is not responsible for short, temporary and accidental suspension of the Service, as the result of circumstances which Implix could not foresee or suspect.

The Customer recognizes that Implix does not own or control other networks, information and systems outside of its own network, nor is Implix responsible for performance or non-performance within such networks. Implix exercises no control over and specifically denies any responsibility for the content, information, accuracy or quality of the information and/or data passing through its network or the Service provided.

Implix may, at its sole discretion and without liability, change or modify the features and functionalities of the Service or modify or replace any provided equipment, or software used to deliver the Service provided that this does not have a material adverse effect on the Service.

Implix may perform scheduled or emergency maintenance (including temporary suspension of the Service if necessary) to maintain or modify the Service without previous notice given to the Customer. Implix will give the Customer such notice of the maintenance as is reasonably practicable in the circumstances, provided that, in the event of scheduled maintenance that would last for more than one day, Implix will use reasonable efforts to give the Customer at least one day's notice. Scheduled maintenance will be carried out with an aim to minimize business interruption.

The Customer acknowledges that the use of the Service is at their sole risk and Implix is in no way responsible for the conduct of the Customer and/or the content of messages sent through using the Service. The Customer hereby indemnifies, and holds harmless, Implix and its officers, directors, employees and agents from and against all claims, proceedings, liabilities, actions, suits, judgements and orders for any indirect, incidental, special, punitive or consequential damage to any person or entity resulting from the use or misuse of the Service, including but not limited to the wilful misconduct or negligent acts or omissions of the Customer or the Customer's officers, agents, employees or subcontractors. Implix shall notify the Customer as soon as reasonably practical of any such claim, demand or cause of action for which Implix will require such indemnification from the Customer. Implix will provide the Customer with reasonable information and assistance to defend such claim, demand, or cause of action.

The Customer hereby agrees to indemnify, defend and hold harmless Implix, its officers, directors, employees, agents, members, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including attorney's fees and costs) of any nature whatsoever incurred or suffered by Implix (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on;

(a) any claim or threatened claim that your use of the trademarks infringes on the rights of any third party;

(b) the breach of any representation or warranty made by you herein; or,

(c) or any claim related to your site.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

14. Final Provisions

The illegality, invalidity or unenforceability of any provision of these Terms of Service shall not affect the legality, validity and enforceability of any other provisions hereof.

It is also understood and agreed by the parties that if any provision of this Agreement is prohibited or is unenforceable under the law of any government having jurisdiction, (i) such invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent, or (ii) if such modification is not possible, these Terms of Service will be construed as if such invalid or unenforceable provision had never been contained in these Terms of Service.

Implix reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the GetResponse.com website, including these Terms of Service, at any time without prior notice. The Customer agrees that their continued use of the Service after such update will constitute their acceptance of and agreement to be bound by the updated Terms of Service. The most current version of the Terms of Service is available at any time at: http://www.getresponse.com/service_agreement.html

This Service shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction.

The law of the Republic of Poland and Polish Court shall be the governing jurisdiction.