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Terms of Use

By signing up for KrispyCaster, you accept these terms and conditions.
1. Service & Support
1.1 The total KiloByte data transfer of each message cane be no more than 100kb.
1.2 All email delivery prices are subject to change at any time. All fees paid to KrispyCaster is non-refundable. Payment for services will be made by a valid credit card accepted by KrispyCaster, unless other payment arrangements have been made between you and KrispyCaster. You hereby authorize KrispyCaster to charge your credit card for such amounts whenever you send a campaign to more than 5 recipients. Fees are payable in US dollars. If KrispyCaster is for any reason unable to effect automatic payment via your credit card, you will be notified via e-mail. All prices are subject to change and you are responsible for reviewing the pricing rate from time to time and remaining aware of the Fees charged by KrispyCaster.
1.3 It is understood that KrispyCaster makes no guarantee that HTML messages will be rendered properly on all recipients' e-mail programs, due to the wide variety of HTML generation tools available. KrispyCaster makes every attempt to make sure that all e-mail messages sent through our servers follow e-mail standards, but we cannot guarantee that messages will look consistent across all e-mail platforms due to the number of different HTML composition tools available. For example, if you use Microsoft Word to generate HTML e-mail messages, it is expected that recipients of your message using a non-Microsoft e-mail application may have difficulty reading your message. For best results KrispyCaster recommends, but does not guarantee, the use of HTML editors that generate HTML that adheres to W3C standards.
2. Restrictions & Responsibilities
2.1 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates federal, state or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.
2.2 You may not use KrispyCaster to send email campaigns that link to or display nudity, obscene content, gambling related content, pharmaceutical related content, illegal software, viruses, or to distribute any other content that we deem inappropriate.
3. Termination
3.1 You may terminate this Agreement at any time by sending an e-mail message to krispy@kesterize.com. Correspondence must include your first name, last name, and KrispyCaster username. No refunds will be issued if you terminate this agreement.
3.2 KrispyCaster may terminate this Agreement or the Services at any time with or without cause, and with or without notice. KrispyCaster shall have no liability to you or any third party because of such termination. If KrispyCaster terminates this agreement because you violated the Anti-Spam policy, no refund will be issued.
3.3 KrispyCaster may delete any of your archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
3.4 If you do not log into your account for more than 120 days, the account will become inactive. When an account is classified (at KrispyCaster's sole discretion) as inactive, KrispyCaster will flag that account as inactive. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM THE KRISPYCASTER DATABASE.
4. Email and Permission Practices
4.1 You are responsible for monitoring, correcting, processing unsubscribe requests within 10 days, and updating the email addresses to which messages are sent through your KrispyCaster account.
4.2 Emails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, KrispyCaster cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. KrispyCaster, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.
4.3 KrispyCaster, at its own discretion, may immediately disable your access without refund to the Services if KrispyCaster believes in its sole discretion that you have violated any of the email and permission practices listed above, or the KrispyCaster Anti-Spam Policy.
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