a. This Agreement is between ExploreCommerce and the customer (as noted on the Registration Form) for the provision of ExploreCommerce for Internet e-mail services in accordance with the following terms and conditions. b. Except as otherwise specified, these terms and conditions apply with regard to services which the customer has requested and are subject to change from time to time. c. Services offered by ExploreCommerce . are subject to the terms and conditions contained in: (1) this Agreement; and (2) any written application, to the extent that it is not consistent with this Agreement. All of the above bind both ExploreCommerce . and its customers.
    a. ExploreCommerce is not required to provide services to an applicant where: (1) ExploreCommerce would have to incur unusual expenses for which the applicant will not pay; (2) the applicant owes amounts to ExploreCommerce that are past due; or (3) the applicant does not provide a reasonable deposit required pursuant to the terms and conditions outlined in this Agreement.
  3. RATES AND SERVICE CHARGES a. ExploreCommerce may modify without prior notice the rates and service charges for any and all services. Any change in rates and service charges will be announced via e-mail. The rates posted at the ExploreCommerce Web site will always be the effective rates unless otherwise agreed upon by ExploreCommerce and the customer. Any change in monthly minimum usage levels will be announced by e-mail with at least 30 days advance notice prior to taking effect. b. Under current charge, customer will have 5MB(Premier) or 20MB(Advanced) for their images, and maximum 50KB per image. 2000(Premier) or 8000(Advanced) user database records. and 1150(Premier) or 6100(Advanced) transactions per month, after this $159 per 1000 transactions(Premier) or $129 per 1000 transactions(Advanced). all the programs require a minimum of one year contract. c. All the customer's user data will be kept in ExploreCommerce for 12 months. and all the transaction history will be kept for 6 months.
  4. PAYMENT a. If the customer is billing service usage to a credit card, then at the time of registration, the customer's credit card will be charged a nonrefundable minimum credit balance (e.g., US$25.) The amount of this credit balance will be determined by ExploreCommerce and the customer. At the end of any monthly billing cycle, the customer's account will only be charged if the customer has consumed the entire credit balance. At that time, the customer's account will be charged for usage in excess of the customer's predetermined minimum credit balance (e.g., in excess of US$25), plus the minimum predetermined amount (e.g., plus US$25.) b. The customer will receive a receipt via e-mail for the above-mentioned fee. c. Upon approved customer credit by ExploreCommerce and where payment is to be made by the customer via check or money order, payment is due upon receipt of the ExploreCommerce invoice. Late charges of 1.5% per month (19.56% per annum) may be applied to any balance that is outstanding for thirty (30) days or more from the date of the invoice. The customer must maintain a minimum monthly billing level of $25 if the customer wishes to make payment by check or money order.
  5. DEPOSITS a. If a new customer subscribes to ExploreCommerce's eMarketing service, ExploreCommerce reserves the right to request an initial deposit equal to the estimated cost of the new customer's first eMarketing job. Subsequent broadcast fax jobs are billed according to ExploreCommerce's regular billing procedures.
    You will receive account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ExploreCommerce of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ExploreCommerce cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
  7. RESTRICTIONS ON USE OF SERVICES a. Services may be used by the customer and all persons having the customer's permission to use them. b. Customers are prohibited from using ExploreCommerce's services or permitting them to be used for a purpose or in a manner that is unlawful or for the purpose of sending offensive, violate, hate, unsolicited (Spam)messages. c. No payment may be exacted, directly or indirectly from any person or by any party other than ExploreCommerce . for the use of any of ExploreCommerce .'s services, except by special agreement.
  8. CUSTOMER LIABILITY FOR E-MAIL a. Customers are responsible for paying for any and all e-mail transmissions originating from their account, regardless of who made said e-mail transmissions.
  9. CONFIDENTIALITY OF CUSTOMER RECORDS a. Unless a customer consents in writing or disclosure is pursuant to a legal power, all information kept three months by ExploreCommerce regarding the customer is confidential and may not be disclosed by ExploreCommerce . to anyone other than: the customer; a person who, in the reasonable judgment of ExploreCommerce ., is seeking the information as an agent of the customer; or an agent retained by ExploreCommerce . in the collection of the customer's account, provided the information is required for, and is to be used only for, that purpose.
  10. LIMITATION OF EXPLORECOMMERCE . LIABILITY a. In no event will ExploreCommerce ., or its affiliates, agents or suppliers, be liable to the customer for: (1) any act or omission of a telecommunications carrier whose facilities are used in establishing connections to points outside ExploreCommerce .'s network; or (2) defamation or copyright infringement and any and all related claims, losses, damages, judgments, expenses and costs (including any attorney's fees and expenses) arising from material transmitted or received using ExploreCommerce's facilities; or (3) any indirect, special, incidental or consequential damages, including loss of profits or loss of business opportunities. b. ExploreCommerce makes no warranties of any kind, expressed or implied for the ExploreCommerce services provided. ExploreCommerce further disclaims any warranty or merchantability or fitness for a particular purpose. This disclaimer includes loss of data resulting from delays, undeliverable, wrong deliveries, and any service interruptions caused by the negligence of ExploreCommerce and its employees or by the customer's errors and omissions.
  11. PAYMENT TIME LIMIT a. In exceptional circumstances, for example when a customer has incurred a significant amount of billable charges and presents an abnormal risk of loss to ExploreCommerce, prior to the normal billing date ExploreCommerce may request payment from the customer on an interim basis for the charges that have accrued, providing the customer with details regarding the services and charges in question. In such cases, subject to Item 10.b., the charges can be considered past due three days after they are incurred or three days after ExploreCommerce . demands payment, whichever occurs later. b. No charge disputed by a customer can be considered past due unless ExploreCommerce has reasonable grounds for believing that the purpose of the dispute is to evade or delay payment. c. ExploreCommerce . may request immediate payment in extreme situations, provided that a notice has been issued pursuant to Item 10.a. and the abnormal risk of loss has substantially increased since that notice was given or ExploreCommerce has reasonable grounds for believing that the subscriber intends to defraud ExploreCommerce .
  12. LIABILITY FOR UNBILLED AND UNDERBILLED CHARGES a. Unless there has been customer deception with regard to a charge, customers are not responsible for paying a previously unbilled charge except where it is correctly billed within a period of one year from the date it was incurred. b. In the circumstances described In Item 11.a., unless there has been customer deception, ExploreCommerce cannot charge the customer interest on the amount of the correction.
  13. LIABILITY FOR CHARGES THAT SHOULD NOT HAVE BEEN BILLED AND THOSE THAT WERE OVER BILLED a. In the case of a charge that should not have been billed or that was over billed, a customer must be credited with the excess back to the date of the error, subject to applicable limitation periods provided by law. However, a customer who does not dispute the charge within one year of the date of an itemized statement which shows that charge correctly, loses the right to have the excess credited for the period prior to that statement. b. Charges that should not have been billed or that were over billed must be credited, provided that the customer disputes them within 150 days of the date of the bill.
  14. SUSPENSION OR TERMINATION OF SERVICE a. Either party may terminate this Agreement by providing the other with at least 30 days' written notice. ExploreCommerce may terminate this Agreement at any time if there is any breach of this Agreement by the customer. b. Suspension or termination of services does not affect the customer's obligation to pay any amount owed to ExploreCommerce .
  15. GOVERNING LAWS This Agreement, luding ExploreCommerce's policies referenced herein, constitutes the entire agreement between ExploreCommerce and the customer pertaining to the subject matter hereof. The Laws State of California, USA, will govern this Agreement.
  16. FREE TRIAL: A free trial period of the ExploreCommerce is a limited access to the online application with a maximum of 20,000 transactions. Only legitimate NON-SPAM lists are accepted at all times and must include opted-in names and addresses.