Last updated: July 13, 2017
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the TEARcloud.com or TotalEmailAutoResponder.com website (the "Service") operated by TEAR* (* stands for variable words after TEAR).
TEAR is owned and operated by Enzlo Inc, d/b/a TEARcloud, a Florida Corporation (“TEAR,” “we,” or “us”). TEAR has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, and confirmed when a TEAR account is created. Users and others who access or use the Services provided agree to our terms.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Our Service may contain links to third-party web sites or services that are not owned or controlled by TEAR.
TEAR has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that TEAR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
In order to use TEAR, you must:
1. be at least eighteen (18) years old and able to enter into contracts;
2. complete the registration process;
3. agree to the Terms;
4. provide true, complete, and up to date contact information.
By using TEAR, you represent and warrant that you meet all the requirements listed above, and that you won’t use TEAR in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) TEAR may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up for TEAR and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for TEAR on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You or TEAR may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.
Our services are currently on a monthly plan setup. Our charges for monthly plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you go over your sending limit and reach another pricing level, then you’ll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level.
Charges will be billed from Enzlo Inc NOT TEAR / this is no reason for disputes as this has been clearly stated.
Billing Changes: We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
For further information on affiliate terms please follow the following link to our affiliate site: ViceOffers
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. New Terms will be effective immediately and apply to any continued or new use of TEAR. If you do not agree to the new terms, please stop using the Service.
You promise to follow these rules:
1. You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website.
2. You won’t use purchased, rented, or third-party lists of email addresses.
3. You won’t violate our Acceptable Use Policy, which is part of this Agreement.
4. If you use our API, you’ll comply with our API Use Policy.
If you violate any of these rules, then we may suspend or terminate your account.
You represent and warrant that your use of TEAR will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.
If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Email distribution list, sending Emails via TEAR, and collecting information as a result of sending Emails, you:
2. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through TEAR.
3. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow TEAR to receive and process data and send communications to that individual on your behalf.
4. Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
5. Have signed our Data Processing Agreement.
The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:
1. only as Commercial Items,
2. with the same rights as all other end users, and
3. according to the Terms
Congratulations! You’ve reached the end. Thanks for taking the time to learn about TEAR’s policies.
If you have any questions about these Terms, please contact us.