TERMS OF SERVICE AGREEMENT

 

LISTWONDER.COM ("ListWonder.Com") BY ONLINE EARNERS ENTERPRISES HEREBY APPLIES  THIS TERMS OF SERVICE AGREEMENT TO SUBSCRIPTION (BOTH FREE AND PAID) MEMBERS ("Subscribers") OF LISTWONDER.COM THAT HEREBY AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.

THE ACT OF SUBSCRIBING  TO THE ListWonder.Com SERVICE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.

1. LAWFUL PURPOSE.

ListWonder.Com services may only be used for lawful purposes. Violation of any country, state or local law during the transmission or storage of data, information, or material is strictly prohibited. This may include, but is not limited to, obscene or threatening material, copyrighted works, or other works protected by statute or trade secret. The Subscriber agrees to indemnify and hold ListWonder.Com harmless from any claims that may arise from the use of this service for any resulting damages to the Subscriber or to any other parties.

2. PROHIBITIONS.

A. SPAMMING.

E-mail may only be sent to recipients that "initiate, elect, or give permission to receive" e-mail from the Subscriber.  ListWonder.Com strictly prohibits "Spam" which is the sending of unsolicited e-mail (UCE).  Violators of this policy will be cancelled immediately with or without any prior notice.  ListWonder.Com has the sole right to determine what constitutes a violation of this clause. The determination made by ListWonder.Com will be absolute and final.

 

In order for Subscriber's account to be reinstated, user must be able to prove he/she had permission and/or an e-mail request was initiated by the person claiming the spam.

Pursuant to Paragraph 3B, ListWonder.Com MAY IMMEDIATELY TERMINATE THE Subscriber's SUBSCRIPTION AGREEMENT WITHOUT NOTICE AND WITHOUT ANY REFUND, AND SHALL NOT BE HELD RESPONSIBLE FOR THE LOSS OF ANY STORED DATA.

 

Should service be interrupted due to "Spam" by the Subscriber, the Subscriber will be charged $500.00 per hour until the service is restored and for any other applicable damages or loss incurred including, but not limited to, legal fees, court costs, and travel expenses.  ListWonder.Com reserves the right to take legal action against Subscriber should a violation of this clause occur.

B. CONTENT RESTRICTIONS

1. OBSCENE MATERIAL.

ListWonder.Com strictly prohibits the promotion of obscene, pornographic and sexually related merchandising on any ListWonder.Com autoresponders.  ListWonder.Com has the sole right to determine what constitutes a violation of this clause. The determination made by ListWonder.Com will be absolute and final.

Pursuant to Paragraph 3B ListWonder.Com MAY IMMEDIATELY TERMINATE THE Subscriber's SUBSCRIPTION AGREEMENT WITHOUT NOTICE AND WITHOUT ANY REFUND, AND SHALL NOT BE HELD RESPONSIBLE FOR THE LOSS OF ANY STORED DATA.

2. HARMFUL CONTENT.

Subscribers are also prohibited from transmitting on or through the ListWonder.Com server, any material that is threatening, abusive, libelous, hateful or that encourages conduct that gives rise to a criminal offense, or to civil liability or otherwise violates any international, national, state or local law. Otherwise, ListWonder.Com exercises no control over information content passing through the ListWonder.Com system.

 

C. NON- TRANSFERABILITY.

Subscriber may not transfer or allow anyone else to use the Subscriber's account. Only one user may use a single account at anytime. If ListWonder.Com discovers that, an Subscriber's account is being shared by more than one party, ListWonder.Com may immediately terminate the Subscriber's service without notice or refund. Subscriber is completely responsible if they do not keep their account information confidential.

3. SUBSCRIPTION CANCELLATION.

A. VOLUNTARY.

At PRO sign up, the Subscriber agrees to be re-billed automatically until Subscriber cancels or upgrades their ListWonder.Com account.

Letters sent via e-mail requesting cancellation will be deemed accepted only when confirmed by Admin.  ListWonder.Com also provides customers a 'Cancel Account' button in the 'Members Area' of their account to do so themselves for their own protection. Subscriber may cancel their account by simply logging into their account and clicking a link or button to do so.
 

  B. REFUNDS ON UNUSED PORTIONS

ListWonder.Com honors a standard 30-day money back guarantee on its subscription package.  After 30 days, ListWonder.Com does not issue refunds on unused portions of subscriptions to the service. No exceptions will be made. ListWonder.Com does not refund any portion of subscription fees for any down-time whether for routine maintenance, a problem created by Subscriber or otherwise.

 

C. INVOLUNTARY.

SHOULD Subscriber VIOLATE ANY OF THE TERMS OF THIS AGREEMENT, ListWonder.Com EXPRESSLY RESERVES THE RIGHT TO IMMEDIATELY CANCEL Subscriber's ACCOUNT AND THE CONTENTS THEREOF WITHOUT NOTICE OR REFUND.  ListWonder.Com SHALL NOT BE HELD RESPONSIBLE FOR THE LOSS OF ANY STORED DATA.

 

D. REFUSAL OF SERVICE.

WE RESERVE THE RIGHT TO REFUSE, CANCEL OR SUSPEND SERVICE AT OUR SOLE DISCRETION TO ANY PAID CUSTOMER, AFFILIATE, MEMBER OR ANY USER OF OUR SERVICE.

4. SUBSCRIPTION FEES.

A. DUE DATE.

Payment is due immediately following date of invoice.  Depending on the plan of payment, Subscribers maybe billed monthly, quarterly, bi-annually or annually.  All payments must be made in US dollars via acceptable payment methods.

 

B. PAYMENT INFORMATION.

Subscriber must provide the merchant account partner of ListWonder.Com with up-to-date payment information. Should the Subscriber's payment information become out-of-date and declines payment without prior notification of change, ListWonder.Com shall have the right to suspend or terminate account as it deem fit pursuant to paragraph 3B of this Agreement.

C. PAYMENT METHODS

1. CREDIT CARD PAYMENTS.

For all payments made by credit card, the Subscriber hereby authorizes ListWonder.Com's Merchant Account Partner to charge the credit card number provided by the Subscriber for services that may accrue monthly or for any past-due balance. Credit card payments will be automatically charged and billed monthly. ListWonder.Com may charge the credit card account provided by the Subscriber at any time an invoice is outstanding.

If credit card rebilling is delinquent, Subscriber's account may be temporarily suspended, until such time an alternative payment method is authorized. Should the account remain unpaid for a period of sixty days, the Subscriber's account may be terminated pursuant to paragraph 3B of this Agreement. There will be no reinstatements of an Subscriber's old account after termination, should Subscriber wish to resubsribe under a new account he/she may do so.  However, old data, once deleted will not be restored.  A Subscriber can not use any other credit card other then their own for subscription services.

2. E-CURRENCIES.

ListWonder.Com can only accept e-currencies for quarterly, bi-annually, and annual subscriptions.  E-Currencies accepted are as follows:

 

E-Gold

Stormpay

Intgold

 

We may add additional e-currency payment systems in the future.  Please contact Admin if you want to avail of these payment systems.

D. PAST DUE ACCOUNTS.

Accounts are considered past due if payment is not received on invoice date. Should an Subscriber's credit card be refused by ListWonder.com's Merchant Account Partner, the Subscriber's account will be considered past due will be immediately suspended until payment is made.

All information, files, and e-mail will be permanently deleted from an unpaid account 60 days after payment was due. Once account information has been permanently deleted, a Subscriber will need to reapply for the ListWonder.Com service.  Subscriber hereby grants ListWonder.Com the right to delete all of the Subscriber's stored data if the Subscriber's account is terminated for any reason by either party.  Deleted content may not be recoverable.

E. FEE CHANGES.

ListWonder.Com reserves the right to change the subscription fee 30 days after notifying the Subscriber of the fee change.

F. AUTOMATIC RENEWAL

 

All accounts are automatically renewed at the current monthly rate.

 

5. NO IMPLIED WARRANTIES & INDEMNIFICATION.

ListWonder.Com makes no express or implied warranties for the service it provides. ListWonder.Com disclaims any fitness for a particular purpose or warranty of merchantability. ListWonder.Com shall not be held responsible for damage suffered by a Subscriber. This includes, but is not limited to, loss of data resulting from non-deliveries, misdeliveries, delays, or service interruptions caused by the Subscriber's errors, omissions, uncontrollable forces, or negligence. Use of any information obtained via ListWonder.Com is at the users own risk. ListWonder.Com specifically denies any responsibility for the quality or accuracy of any information obtained through the ListWonder.Com service. Should your jurisdiction not allow the exclusion of certain warranties, then those certain warranties may not apply. Subscriber agrees to indemnify ListWonder.Com for any damages sought by 3rd parties.

6. LIMITED LIABILITY.

ANY LIABILITY OF ListWonder.Com including and without limitation, any liability for damages allegedly caused or caused by any failure of performance, an act of God, delay in operation or transmission, defect, error, interruption, omission, theft, communication lines failure, deletion or the destruction of, or unauthorized use of records, whether for tortuous behavior, breach of contract, negligence or any other cause of action, SHALL BE STRICTLY LIMITED TO THE Subscriber's OWN RISK.

7. ILLEGALITY OF TERMS.

Should any Term or Condition in this Terms of Service Agreement be held to be unenforceable by a court of law, illegal, or invalid, the legality, enforceability and validity of the remaining Terms and Conditions of this Agreement shall, unless otherwise stated, remain unaffected.

8. COOKIES

Like many other commercial sites, our site(s) may utilize a standard technology called a "cookie" to collect information about how our site is used. Cookies were designed to help a web site recognize a user's browser as a previous visitor and thus save and remember any preferences that may have been set while the user was browsing the site. A cookie cannot retrieve any other data from your hard drive, pass on a computer virus, or capture your e-mail address. Our web site(s) may use cookies to enhance your visit. Cookies can securely store a user's password, personalize home pages, identify which parts of a site have been visited or keep track of selections, such as those selected in a "shopping cart." Our cookies may collect your domain name and track your selections through our web pages. We only use "cookies" to gather the information indicated in this policy and do not use cookies to gather personal identifying information about you without your consent.

9. PRIVACY POLICY

A. Privacy Policy

We may require you to supply us with personal information during a "registration" process online prior to using certain features of our site. You therefore certify that those personal information are true, accurate and updated at the time of registration.  You also agree to update your personal information at the Members Area whenever necessary.

B. Use of User Information

We may perform statistical analyses of aggregate user behavior. This allows us to measure relative customer interest in the various areas of our web sites for product development purposes. Any information we collect is used for its own internal purposes to improve the content of the web sites, to enhance users' experiences when visiting our site(s), to customize the content and/or layout of our pages, and to provide the services required by an individual user. We do not use personal identifying information for any other reason that is not disclosed whether in this Policy or at the time the information is requested. We never send e-mail to you unless you request a particular service, or consent to being contacted by e-mail. There are instances where you will have the opportunity to subscribe to an e-mail list that will send information about the site or our advertisers to your e-mail address, but this will be done only with your permission and consent.

C. Disclosure to Third Parties

We do not share personal identifying information with any third party without your permission. In some instances, we operate shared web sites with businesses affiliated with us. Our privacy policy will apply to these web sites, and our affiliates adhere to our privacy policy and will not share personal information with any third party without your permission. PLEASE BE AWARE that when you voluntarily disclose personal information (such as your name, e-mail address) in chat areas or bulletin boards to third parties, that information may be collected by others outside the control of us and may result in unsolicited messages from others.
 

10. CHANGES TO THIS AGREEMENT

Changes to this Agreement, other then fee changes, may be made by ListWonder.Com at any time with or without prior notice to Subscribers.   However, this page will remain on the same URL and can be read anytime.
 

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