Terms of Service

1. The agent account owner (herein referred to as 'Owner') agrees to waive liabilty of BIG HIT LEAD CAPTURE from any claims resulting from misuse of the service. Owner agrees to defend, indemnify and hold harmless BIG HIT LEAD CAPTURE and its affiliated companies, from all liabilities, claims and expenses, including attorneys' fees, arising from breach of this Agreement. BIG HIT LEAD CAPTURE services may only be used for lawful purposes.

2. Owners must adhere to the strict 'no spam' policy at BIG HIT LEAD CAPTURE. Spam, also called unsolicited commercial email (UCE), first spam complain will result in confirmation added to account, second complaint will result in immediate cancellation of Owner account. Fees paid towards owner account will not be refunded, and Owner agrees to pay $40 per hour until service is restored, for any service interuptions that result from owners abuse of our service. Owner must be 100% Can Spam Act of 2003 Compliant. You are required to display your physical address in every message send through BIG HIT LEAD CAPTURE.

3. Owners must use their BIG HIT LEAD CAPTURE account as an autoresponder service. Uses that are not allowed and subject to suspension of services are, but not limited to: email forwarding, vacation or temporary leave of absence notifications, mail list server uses (importing emails tosend only one message), or relaying illegal content to third parties.BIG HIT LEAD CAPTURE has sole discretion over determining if a violation has occured in regards to this paragraph.

4. Payment for services at BIG HIT LEAD CAPTURE must be made in US Dollars. Charges for services at BIG HIT LEAD CAPTURE are processed at Pay Pal. It is the Owner responsibility to make certain the billing information for each monthly billed account is keep current. If billing data is not keep current, owner account will be deleted after 30 days of none-payment. Owner agrees that BIG HIT LEAD CAPTURE has the right to delete owner account, and all data associated with Owner account, if payment is not received 30 days after it is due.

5. Owner agrees that BIG HIT LEAD CAPTURE shall have the right to FREEZE service of Owner account at any time. BIG HIT LEAD CAPTURE reserves the right to FREEZE Owners account(s) due to, but not limited to: non-payment, spam complaints, illegal activities, or non-compliance with this service agreement.

6. BIG HIT LEAD CAPTURE reserves the right to suspend functionality of our autoresponder service from an Owner account due to, but not limited to: misusing our service, for illegal or unethical practices, or non-compliance with this service agreement.

7. Subscriber understands that a valid email address is required by BIG HIT LEAD CAPTURE for this service. BIG HIT LEAD CAPTURE will NOT give your email address to any 3rd party. Any correspondence sent to you comes directly from BIG HIT LEAD CAPTURE.

8. BIG HIT LEAD CAPTURE exercises no editorial control over the content of messages sent from Owner account. Owners are prohibited from using BIG HIT LEAD CAPTURE's autoresponder system to send any material that is, unlawful, libelous, or hateful. BIG HIT LEAD CAPTURE has sole discretion over determining if a violation has occured in regards to this paragraph.

9. BIG HIT LEAD CAPTURE makes no warranties of any kind for the service it provides, whether expressed or implied. BIG HIT LEAD CAPTURE will not be held liable for any damages suffered to owner, including, but is not limited to: loss of data resulting from delays, nondeliveries of email, misdeliveries of email, or service outages caused by BIG HIT LEAD CAPTURE's negligence. BIG HIT LEAD CAPTURE will not be held liable for any damages suffered to owner by use of the BIG HIT LEAD CAPTURE autoresponder system.

10. BIG HIT LEAD CAPTURE reserves the right to send periodic promotional offers (via email) to Agent account owners..

11. BIG HIT LEAD CAPTURE DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE. BIG HIT LEAD CAPTURE WILL NOT BE RESPONSIBLE FOR ANY LOSSES, DAMAGES OR COSTS THAT YOU AND/OR YOUR BUSINESS MAY SUFFER WHEN USING THE SERVICE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BIG HIT LEAD CAPTURE FROM ANY CLAIMS RESULTING FROM YOUR USE OF SERVICE. YOU EXPRESSLY AGREE THAT USE OF SERVICE IS AT YOUR SOLE RISK. NEITHER BIG HIT LEAD CAPTURE 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 SERVICE.

12. 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.

13. This service agreement is governed by the laws of the state of Iowa and of the United States of America.

14. Multiple account autoresponders are for single users only. If BIG HIT LEAD CAPTURE determines multiple users are accessing a single multiple account autoresponder, said account will be frozen and potentially deleted. BIG HIT LEAD CAPTURE has sole discretion over determining if a violation has occured in regards to this paragraph.

15. All clients that request services from BIG HIT LEAD CAPTURE are also stating by checking agree to terms on the sign up page, complete compliance and agreement of all contained terms and also agree (due to the volatile nature of this industry) that we do not offer any form of a refund after 7 days of your first months billing (Refund will be less a prorate amount of .87 cents per day ) and that the only form of cancellation is through http://www.bighitsupport.com/cancel.php

16. These Terms and Conditions supersede all previous written, verbal or implied provisions. Use of BIG HIT LEAD CAPTURE's service constitutes acceptance of these Terms and Conditions.