Service Agreement

All services provided by InTouch Broadcast may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any Canadian 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 statue. The subscriber agrees to indemnify and hold harmless InTouch Broadcast from any claims resulting from the use of the service which damages the subscriber or any other parties.

Spamming, or the sending of unsolicited email, using an email address, URL that is maintained on an InTouch Broadcast machine, or directing traffic to a webpage that contains any reference to InTouch Broadcast is STRICTLY prohibited. InTouch Broadcast 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 interuptions 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 InTouch Broadcast Service Agreement and subject to legal action.

Importing or in any way using purchased leads with an InTouch Broadcast account is strictly prohibited. If you paid money or in any way purchased a group of pre-existing leads these may not be used with InTouch Broadcast. 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 thru InTouch Broadcast.

Batching or in any way trying to script the addition of new subscribers to the web form subscribe methods is strictly forbidden. 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.

Pornography and sex-related merchandising are prohibited on any InTouch Broadcast server. InTouch Broadcast will be the sole arbiter as to what constitutes a violation of this provision.

Payment is due immediately after date of invoice. All payments must be in Canadian dollars and withdrawable from a Canadian bank. The subscriber is responsible for providing up-to-date payment information. InTouch Broadcast will not be held responsible should the subscriber's payment information become out-of-date.

If payment is by credit card, the subscriber authorizes InTouch Broadcast to charge the credit card listed on the subscription form for those charges for InTouch Broadcast 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 InTouch Broadcast may charge the amount due to the provided card at any time.

Accounts are in default if payment is not received within 15 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 will be liable for a "returned check" charge of $25. Accounts unpaid 20 days after date of invoice may have their service interrupted. Such interruption does not relieve the subscriber from the obligation to pay the monthly charge. Only a written request to terminate your service 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 of 1.5% per month on the outstanding balance. If the subscriber's provincial law does not allow an interest rate of 1.5% per month, the maximum allowable rate for the subscriber's province will be charged. If the subscriber defaults, the subscriber agrees to pay InTouch Broadcast 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 15 days from the date the payment is due. If the payment is not received after 15 days, all files, information and mail under the account will be deleted. If the subscriber wishes to use the service again, the subscriber must re-apply as a new subscriber.

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 with the company is terminated, for any reason, by either InTouch Broadcast or the subscriber.

System accounts can 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.

InTouch Broadcast 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 15 days, the subscriber will be notified as to the reason.

Service provided by InTouch Broadcast 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 InTouch Broadcast. InTouch Broadcast reserves the right to change the rate by notifying the subscriber 15 days in advance of the effective date of the change.

InTouch Broadcast exercises no control whatsoever over the content of the information passing through InTouch Broadcast. 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 InTouch Broadcast' servers to deliver the follow up messages designated by the subscriber.

Customers are prohibited from transmitting on or through any of InTouch Broadcast' services, any material that is, in InTouch Broadcast' 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.

InTouch Broadcast makes no warranties of any kind, whether expressed or implied, for the service it is providing. InTouch Broadcast also disclaims any warranty of merchantability or fitness for a particular purpose. InTouch Broadcast will not be responsible for any damage suffered. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by InTouch Broadcast' negligence or the subscriber's errors or omissions. Use of any information obtained via InTouch Broadcast is at your own risk. InTouch Broadcast specifically denies any responsibility for the accuracy or quality of information obtained through its services.

LIMITED 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 THE COMPANY FOR THE CURRENT MONTH.

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.

This agreement shall be governed by the laws of the Province of Ontario and Canada.

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 InTouch Broadcast service constitutes acceptance of these Terms and Conditions.