Terms Of Service


1) The autoresponder owner, (herein referred to as 'Owner') agrees to waive liability of DefiniteResponse.com and SolutionsApplied, LLC from any claims resulting from misuse of the service. Owner agrees to defend, indemnify and hold harmless DefiniteResponse.com, Inc. and its affiliated companies, from all liabilities, claims and expenses, including attorneys' fees, arising from breach of this Agreement. DefiniteResponse.com services may only be used for lawful purposes. 

2) Owners must adhere to the strict 'no spam' policy at DefiniteResponse.com. Spam, also called unsolicited commercial email (UCE), will result in immediate cancellation of Owner account. Fees paid towards owner account will not be refunded, and Owner agrees to pay $100 per hour until service is restored, for any service interuption that result from owners abuse of our service. DefiniteResponse.com reserves the right to delete a list from an account that is receiving spam complaints in order to prevent further email from being sent. 

3) Owner must ONLY use the autoreply email address in the body of an email, or on your website, in reference to receiving more information. You must never use your DefiniteResponse.com email address as a means for anyone to send you personal email messages. You must never use your DefiniteResponse.com address as the "reply to", "from", or "return" address in any correspondence. The only acceptable use is to reference your DefiniteResponse.com address within the "body" of your email, not as the *From* email address. You must never use your DefiniteResponse.com address as your email address when submitting any material to search engines, link submitters, FFA sites, banner exchanges etc. You must never send unsolicited email to anybody that includes a reference to DefiniteResponse.Com or any of our other corporate domains. 

4) Owners must adhere to the CAN-SPAM (Bill S. 877 - took effect on January 1, 2004) regulations regarding not sending email with descriptive subject lines. Owner must use their name or business name in the From: field, and not a sales pitch or marketing message. Owners must also put their valid physical postal address within all email messages sent by the DefiniteResponse.com service. DefiniteResponse.com will ensure that message headers are valid and accurate and that a functional remove link is placed in all emails sent. 

5) Owners must use their DefiniteResponse.com 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 to send only one message), generating a new list with our service from those who request removal from a list you own, or relaying illegal content to third parties. DefiniteResponse.com, Inc. has sole discretion over determining if a violation has occurred in regards to this paragraph. 

6) Payment for services at DefiniteResponse.com must be made in US Dollars. Charges for services at DefiniteResponse.com are processed by 2CheckOut.com. It is the Owners responsibility to make certain the billing information for each monthly billed account is keep current. If billing data is not keep current, owners account will be deleted after 30 days of none-payment. Owner agrees that DefiniteResponse.com 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. If payment is, Owner acknowledges that cancellation of their subscription at Pay Pal will result in automatic freezing of their account. An active subscription is required for the account to be active. If payment is by credit card, the Owner authorizes DefiniteResponse.com to charge the credit card listed on the purchase form for those charges for DefiniteResponse.com services that may accrue from month to month, or for any past-due balances, in order to bring the account to current status. Credit card payments will be billed and charged automatically, and DefiniteResponse.com may charge the amount due to the provided card at any time. Owner agrees that DefiniteResponse.com, Inc. is not responsible for over-draft charges that may occur when processing charges against your account. It is the owners responsibility to make certain funds are available to cover the monthly recurring charges. 

7) DefiniteResponse.com, Inc. offers a 30 day money back guarantee. Owners has 30 days from date of purchase to cancel an account and receive a 100% refund. Refunds will not be issued for monthly recurring payments. It is the Owners responsibility to cancel their account 3 days before monthly billing occurs to avoid additional charges. All cancellation requests MUST be made via the Help Desk - accessed from within your autoresponder account login area. 

8) Owner agrees that DefiniteResponse.com shall have the right to FREEZE service of Owner account at any time. DefiniteResponse.com 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. 

9) DefiniteResponse.com 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. 

10) Owner understands that a valid email address is required by DefiniteResponse.com, Inc. for this service. DefiniteResponse.com, Inc. will NOT give your email address to any 3rd party. Any correspondence sent to you comes directly from DefiniteResponse.com, Inc. 

11) DefiniteResponse.com, Inc. exercises no editorial control over the content of messages sent from Owner account. Owners are prohibited from using DefiniteResponse.com, Inc.'s autoresponder system to send any material that is, unlawful, libelous, or hateful. Owners are prohibited from sending copyrighted materials (content, images, concepts) in emails sent from our system, unless the copyright is the property of the Owner. DefiniteResponse.com, Inc. has sole discretion over determining if a violation has occurred in regards to this paragraph. 

12) DefiniteResponse.com, Inc. makes no warranties of any kind for the service it provides, whether expressed or implied. DefiniteResponse.com, Inc. 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 DefiniteResponse.com, Inc.'s negligence. DefiniteResponse.com, Inc. will not be held liable for any damages suffered to owner by use of the DefiniteResponse.com autoresponder system. 

13) DefiniteResponse.com, Inc. reserves the right to send periodic promotional offers (via email) to account owners. 

14) DefiniteResponse.com, Inc. 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. DefiniteResponse.com, Inc. 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 DefiniteResponse.com, Inc. FROM ANY CLAIMS RESULTING FROM YOUR USE OF SERVICE. YOU EXPRESSLY AGREE THAT USE OF SERVICE IS AT YOUR SOLE RISK. NEITHER DefiniteResponse.com, Inc. 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. 


15) 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 Connecticut and of the United States of America. 

16) Multiple account autoresponders are for single users only. If DefiniteResponse.com determines multiple users are accessing a single multiple account autoresponder, or if the unlimited account is being used to provide autoresponder services to your clients or members of your organization, said account will be frozen and potentially deleted. DefiniteResponse.com, Inc. has sole discretion over determining if a violation has occurred in regards to this paragraph. 

17) These Terms and Conditions supersede all previous written, verbal or implied provisions. Use of DefiniteResponse.com, Inc. services constitutes acceptance of these Terms and Conditions. DefiniteResponse.com, Inc. reserves the right to make changes and amendments to these terms and conditions at any time. DefiniteResponse.com, Inc. agrees to notify account owners of any changes or amendments by email OR by posting changes on this page.