Legal Notice
Terms Of Service
- The DuplicationSoft account owner (YOU), (herein
referred to as 'Owner') agrees to waive liabilty of
DuplicationSoft. (the parent company) (herein
referred to as 'DuplicationSoft') from any claims
resulting from misuse of the software. Owner agrees to
defend, indemnify and hold harmless DuplicationSoft and
its affiliated companies, from all liabilities,
claims and expenses, including attorneys' fees, arising
from breach of this Agreement. DuplicationSoft software
may only be used for lawful purposes.
- By purchasing this product you, the
Owner, and any and all third-parties or assignees of
said Owner, agree to use DuplicationSoft software,
in accordance with the policies stated in this legal notice
and in compliance with any and all applicable
local, state, and federal laws of the United States of America.
- DuplicationSoft completely disclaims any and all
responsibility for any Owner found to be using DuplicationSoft's software for unlawful
purposes whether in violation of local, state and
federal laws of the United States of America.
- Owner understands that use of the DuplicationSoft software
is only granted to those individuals, companies
and organizations that make appropriate payment to
DuplicationSoft. Owner further agrees that DuplicationSoft has
the right to deactivate the software if payment
later fails, if Owner requests a refund or chargeback,
or if Owner engages in unlawful activity with the DuplicationSoft software.
- Owner must adhere to the
CAN-SPAM
(Bill S. 877 – took effect on January 1, 2004). Owners determined to be
in violation of this law will be terminated from the DuplicationSoft system.
- Owner agrees that the DuplicationSoft system
URL issued to you (http://.duplicationsoft.com) can NOT be
used in mass emails unless you own the list. Ownership of a list means you
developed the list on your own website. Under NO circumstances are you
to use your URL in an email sent to a purchased list. Purchased lists
include, but are limited to, list acquired from list brokers, lists emailed
for you by a company providing that service and lists given to you by someone.
- Owner agrees that DuplicationSoft has the right and responsibility to
terminate an account who is in violation of the mass email policy. Furthermore, termination
will also occur if we receive spam compaints against your account. We have a ZERO tolerance
policy regarding spam complaints.
- Owner understands that the DuplicationSoft system URL
(http://.duplicationsoft.com) can not be submitted to
search engines, forums or auction sites like eBay or craigslist. Owner
understands that all traffic sources are being tracked and those not allowed
will be blocked.
- DuplicationSoft makes no warranties of any
kind for the software it provides, whether expressed or
implied. DuplicationSoft will not be held liable for
any damages suffered to owner.
- DuplicationSoft DOES NOT WARRANT THAT THE
SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED. THE
SOFTWARE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
PURPOSE. DuplicationSoft WILL NOT BE RESPONSIBLE FOR
ANY LOSSES, DAMAGES OR COSTS THAT YOU AND/OR YOUR
BUSINESS MAY SUFFER WHEN USING THE SOFTWARE. YOU AGREE
TO INDEMNIFY AND HOLD HARMLESS DuplicationSoft FROM
ANY CLAIMS RESULTING FROM YOUR USE OF DuplicationSoft SOFTWARE.
YOU EXPRESSLY AGREE THAT USE OF
DuplicationSoft SOFTWARE IS AT YOUR SOLE RISK.
NEITHER DuplicationSoft 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 DuplicationSoft SOFTWARE.
- 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.
- This service agreement is governed by the laws
of the state of Texas and of the United States of
America.
- These Terms and Conditions supersede all
previous written, verbal or implied provisions. Use of
DuplicationSoft software constitutes acceptance of
these Terms and Conditions. DuplicationSoft reserves
the right to make changes and ammendments to these
terms and conditions at any time. DuplicationSoft agrees
to notify account owners of any changes or
ammendments by email OR by posting changes on this
page.
- To report potential abuse of our software, please
send details to: