NO SPAM POLICY:

RelayCloud.com does not and will not tolerate the sending of unsolicited email messages and will prosecute all offenders to the fullest extent of the law.

You will be found in violation of this policy if you send unsolicited mailings to anyone who has not specifically requested to receive information from you. Violation of this policy is terms for immediate termination and refusal of future use without refund.

RelayCloud.com strictly prohibits harassment, whether through language, frequency, or size of messages. Forging of header information is not permitted.

RelayCloud.com does not allow unsolicited mail (UCE). This includes “Spamming” and “Bulk Mail” sent to persons who have otherwise not requested to receive such mail. Please note that this includes FFA page submission lists, or any other bulk list of recipients that have not specifically asked to receive email from you, including, but not limited to: sending unsolicited commercial email, sending any message to a recipient who did not request it, cross-posting messages to a large number of newsgroups or discussion groups, using a RelayCloud.com account in association with any FFA pages, safe lists or mass distribution resources. If you violate this policy you will be subject to the following actions:

• Your account will immediately be terminated without notice and without any refund.
• You will lose all access to your account and databases and will have no opportunity to retrieve any data from your existing contacts.
• You will be charged a $50 administrative fee for every SPAM complaint we receive.
• You will be reported to online anti-spam organizations, your own ISP, and the legal authorities for possible prosecution.
• You will be held financially responsible for any damages incurred to the RelayCloud.com service as a result of your violation of the NO SPAM policy, including, but not limited to, loss of web host, transferring fees, damages for lost clientele, and lost fees for “downtime” due to spam complaints.

ACCEPTABLE USE POLICY:

RelayCloud.com stickily prohibit the use of our services to promote certain products and services, including but not limited to the following: Alcohol, Tobacco Products, Fire Arms, Pornography, Products promoting: hate, violence, harassment, or abuse, SPAM-related Products, Pyramid Schemes, Products with no value and any other product and service we deem inappropriate. RelayCloud.com reserves the right to make this judgement at it’s sole discretional.

Importing or in any way using purchased leads with an RelayCloud.com 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 RelayCloud.com. 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 RelayCloud.com.

LAWFUL AND ETHICAL USE:

Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute.

RelayCloud.com reserves the right to remove such illegal material from its server immediately. RelayCloud.com expressly forbids anyone from using RelayCloud.com’s servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, satanic material, or any other material which we deem to be objectionable. The designation of any materials as such described above is left entirely to our discretion.

RelayCloud.com does NOT allow users that provide points of distribution, or links to the following types of sites:

• Adult Sites – Any erotic or pornographic material, links to adults sites, or advertisements for adult sites.
• Pirated Software (Warez) – Any software that is copyrighted and not freely available for distribution without cost. Including: ROMs, ROM Emulators, Mpeg Layer 3 files (MP3) and DVD Videos.
• Hacking / Phreaking – Includes sites with material, links, or resources for Hacking, Phreaking, Viruses, Anarchy, or any type of site that promotes the destruction or compromises the integrity of Web Hosting Network.

RelayCloud.com SERVICES ARE INTENDED FOR THE END USER ONLY:

Customers cannot sublease, sub-host, or give away control of any portion of RelayCloud.com’s Network’s resources. For customers who do wish to sublease the service, RelayCloud.com offers a very competitive partner program.

BOUNCE REMOVAL:

RelayCloyd.com shall provide Licensee with a list of bounced email addresses in XLM format, updated daily. Licensee agrees to process this file and remove the bounced email addresses from Licensee’s database on a daily basis to prevent re-mailing to bounce addresses. Failure to process bounces daily can result in the termination of Licensee’s access to RelayCloud.com services.

* For the purposes of this section “bounce” and “bounced email address” refers to permanent and fatal email address failures of code(s) 5XX. “Soft bounces” of the code(s) 4XX will be retried automatically by RelayCloud.com on Licensee’s behalf.

TECHNICAL SUPPORT:

RelayCloud.com offers free incident-based support to resolve installation issues, product usage, and troubleshooting. RelayCloud.com will supply technical support via email as it pertains to the RelayCloud.com Software Service. Integration of Products and maintaining the integrity of the integration is the responsibility of the Licensee.

Upon receipt of the support request, a RelayCloud.com.com support technician will identify the nature of the reported problem and suggest a proper course of action. This may include a referral to the product documentation, Help Files or Frequently Asked Question (FAQ) lists on the RelayCloud.com.com web site. If the problem is identified as being either a third party module issue or an ISP/IHP issue, RelayCloud.com Support will refer the merchant to the appropriate source for a solution.

DATA STORAGE:

The software and data for the RelayCloud.com Software will be hosted on RelayCloud.com servers. RelayCloud.com.com does not warrant that your use of the Product will be uninterrupted or that the operation of the Product will be error-free or secure. In addition, the security mechanisms implemented by RelayCloud.com have inherent limitations, and you must determine that the Service sufficiently meets your requirements.

While RelayCloud.com shall make every reasonable effort to protect and backup data for Licensee on a regular basis, RelayCloud.com is not responsible for Licensee’s data residing on RelayCloud.com.com’s servers. Licensee is responsible for making and keeping current copies of Members and their related information. Licensee is responsible for all use of Licensee account and confidentiality of Licensee password and information.

DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, INDEMNIFICATION

RelayCloud will utilize its best efforts to maintain acceptable performance of services, but RelayCloud makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. RelayCloud cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet.

RelayCloud will not be liable for the inadvertent disclosure of, corruption or erasure of data transmitted or received or stored on its system. RelayCloud shall not be liable to Licensee or any of its customers for any claims or damages which may be suffered by Licensee or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Software, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of RelayCloud.

Licensee agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney’s fees, (’Liabilities’) against RelayCloud.com, its agents, its customers, servants, officers, or employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Licensee, its agents, employees or assigns.

Licensee agrees to defend, indemnify and hold harmless RelayCloud against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with RelayCloud’s server; and material supplied by Licensee infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which licensee sold using RelayCloud’s services. As a result of this, Licensee agrees that RelayCloud shall not be liable to Licensee for any claims of actual, compensatory and/or consequential damages which may be suffered by Licensee, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of RelayCloud.

Notwithstanding the above mentioned, Licensee’s exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Licensee paid during the term of this Agreement. These terms and agreements may be changed without any prior notice.

PAYMENT POLICIES:

ALL SALES FINAL: RelayCloud.com’s services are provided as pre-paid services, and once services are rendered all sales are final.

All accounts are also setup automatically and billed in real time. Confirmation emails should arrive within 15 minutes to the email specified in your online signup form.

RelayCloud.com may run a transaction at least 5 days in advance to anticipate a declined credit card. This will give the customer at least 4 days from the due date to run the transaction. If the transaction is run at least 3 times, and the client fails to update the credit card, the account will be suspended and or terminated without further notice.

In some cases if a problem arises with the account, the user will be notified via e-mail.

All new accounts are billed on a prepay basis every 30 days, and will be charged automatically to the card number on file. If for any reason the card does not clear with the bank on three attempts, the account is subject to suspension. Any account not brought current within a week of e-mail notice or exceeding this time frame in any way is subject to suspension. If a bank ‘charge back’ is processed against our account, the account in question will be terminated immediately.

The customer is responsible to keep credit card on file up to date which includes the expiration date, and sufficient funds to cover account fees. All credit cards run though merchant account and are declined for any reason are charged a $20 reactivation fee. RelayCloud.com accepts Visa, MasterCard, American Express & Discover cards.

In the event the credit card does not clear with the bank, the customer will be notified by e-mail. Past due accounts that are not brought current within 5 days of the e-mail notice are subject to suspension and possible account termination.

At no time will RelayCloud.com allow an account to be operational past the last day of the pre-paid date of services. If user fails to update the account information, RelayCloud.com will suspend the account without further notice and consider the account closed. Service fees do accrue during any period of suspension.

From time to time, as is warranted by new features, changing market conditions or other factors determined by RelayCloud.com and at RelayCloud.com’s sole discretion, RelayCloud.com may alter it’s payment structure and /or fees. In the event of a price increase you will be given up to 1 billing cycle advanced notice of said price increase. After such time, RelayCloud.com reserves the right to begin charging your credit card on file the new fee.

CANCELLATION:

RelayCloud.com reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and refunded by RelayCloud.com if RelayCloud.com institutes its right of cancellation. Refunds will be issued within 2 billing cycles on the same credit card used at signup.

If cancellation is caused by customers violation of these policies, then no refund will be given.

Customers can cancel service any time with 30 days notice. Accounts can be canceled by the account holder at by emailing our Sales Department. This must be done by the credit card holder, and must be done 30 days in advance of the next bill cycle. The account will remain active until the end of the current billing period. No refunds will be given for any reason.

* RelayCloud.com reserves the right to revise its policies at any time without prior notification.