1. The BBS Account Subscriber, (herein referred to as 'Subscriber') and International Sales Force Tools, LLC (herein referred to as 'ISFT') hereby agree to the terms of this Service Agreement.
2. ISFT has developed and licenses a lead and contact management system named the BBS. Independent affiliates of ISFT offer branded versions of the BBS to their organizations. Subscriber wishes to establish a BBS account and utilize the services.
3. BBS services may only be used for lawful purposes. Subscriber is responsible to comply with all local, state, United States federal laws, and international laws that may apply to use of BBS services.
4. ISFT and Subscriber are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between ISFT and Subscriber.
5. Subscriber agrees to adhere to the BBS's strict Spam Policy posted in the Subscriber's online account. Spam, also called unsolicited commercial email (UCE), will result in immediate cancellation of Subscriber account. Subscriber agrees to pay $400 per hour for any service interruptions that result from Subscriber's abuse of our service until service is restored.
6. BBS uses that are not allowed and subject to suspension of services include, but not limited to: email forwarding, generating a new list with our service from those who request removal from a list you own, or relaying illegal content to third parties. ISFT has sole discretion over determining if a violation has occurred in regards to this paragraph.
7. The BBS is an "opt-in" system. Prior to sending emails to Subscriber's contacts, the BBS will send an "opt-in" email and require the contact to opt-in to receive email correspondence sent through the Subscriber's BBS account. Furthermore, any contact may elect to “opt-out” from any further correspondence.
8. Direct Subscriber support is provided by the ISFT affiliate offering the BBS to its organization. ISFT does not provide direct support to Subscriber.
9. Payment for the BBS account must be made in US Dollars with a major credit card. Charges will be processed by BBS merchant account. It is the Subscribers responsibility to make certain the billing information for each account is current. Subscriber agrees that BBS has the right to delete Subscriber account, and all data associated with Subscriber account, if payment is not received. Subscriber authorizes BBS to charge the credit card entered at time of enrollment for the BBS fees that accrue each 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 BBS may charge the amount due to the provided card at any time.
10. Subscriber agrees that ISFT shall have the right to FREEZE service of Subscriber account at any time. ISFT reserves the right to FREEZE Subscribers account(s) due to, but not limited to: non-payment, spam complaints, illegal activities, or non-compliance with this service agreement.
11. ISFT reserves the right to suspend functionality of our BBS service from a Subscriber account due to, but not limited to: misusing our service, for illegal or unethical practices, or non-compliance with this service agreement.
12. Subscriber understands that a valid email address is required by ISFT for this service.
13. ISFT exercises no editorial control over the content of messages sent from Subscriber accounts. Subscribers are prohibited from using the BBS to send any material that is unlawful, libelous, hateful, vulgar or otherwise inappropriate. ISFT has sole discretion over determining whether a violation has occurred in regards to this paragraph.
14. ISFT makes no warranties of any kind for the service it provides, whether expressed or implied. ISFT will not be held liable for any damages suffered by Subscriber, including, but is not limited to: loss of data resulting from delays, nondeliveries of email, misdeliveries of email, or service outages caused by ISFT negligence. ISFT will not be held liable for any damages suffered by Subscriber by use of the BBS.
15. ISFT DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE. ISFT WILL NOT BE RESPONSIBLE FOR ANY LOSSES, DAMAGES OR COSTS THAT YOU AND/OR YOUR BUSINESS MAY SUFFER WHEN USING THE SERVICE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ISFT AND AFFILIATED COMPANIES FROM ANY CLAIMS RESULTING FROM YOUR USE OR MISUSE OF SERVICE. YOU EXPRESSLY AGREE THAT USE OF SERVICE IS AT YOUR SOLE RISK. NEITHER ISFT NOR ITS SERVICE PROVIDERS, AGENTS, LICENSORS, EMPLOYEES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE USE OR MISUSE OF THE SERVICE.
16. Should any paragraph of this agreement be considered illegal, invalid, or unenforceable by a court of law, the legality, validity and enforceability of the remaining paragraphs of this agreement shall remain unaffected thereby unless otherwise stated.
17. This Agreement is governed by the laws of the State of Florida and of the United States of America. Any civil action or legal proceeding arising out of or relating to this Agreement shall be brought only in the courts of the State of Florida or the United States District Court sitting in Hillsborough County. Each party consents to the exclusive jurisdiction of such courts in any such civil action or legal proceeding and waives any objection to the venue of any such civil action or legal proceeding in such court or the claiming of any right to bring an action or proceeding in any other court. Service of any court paper may be effected on a party by mail, as provided in this Agreement, or in such other manner as may be provided under applicable laws, rules of procedure or local rules. Notwithstanding the foregoing, claims for preliminary injunctive relief, other pre-judgment remedies may be brought in a state or federal court in the United States with jurisdiction over the subject matter and parties irrespective of the foregoing requirement.
18. Subscriber Accounts are for single Subscribers only. If ISFT determines that multiple individuals are accessing and/or using an account, the account will be frozen and potentially deleted. ISFT has sole discretion over determining if a violation has occurred in regards to this paragraph.
19. Subscriber agrees to waive liability of ISFT from any claims resulting from use or misuse of the service. Subscriber agrees to defend, indemnify and hold harmless ISFT and its affiliated companies, from all liabilities, claims and expenses, including attorneys' fees, arising from breach of this Agreement.
20. These Terms and Conditions supersede all previous written, verbal or implied provisions. Use of the BBS services constitutes acceptance of these Terms and Conditions. ISFT reserves the right to make changes and amendments to these terms and conditions at any time. Changes to terms or policies will be posted to the Subscriber's online account.