This
Agreement ("the Agreement") is a legal agreement made effective on
the date entered below by and between Caltek.com Ltd (hereinafter
FREEAUTOBOT), and the Customer whose details appear in the sign-up
form attached to this Agreement, (hereinafter referred to as "Customer").
By
accepting the FreeAutoBot.Com Service, Customer agrees to be bound
by the terms of this Agreement. IT IS AGREED AND UNDERSTOOD BY ALL
PARTIES THAT:
FREEAUTOBOT
provides E-Mail Services and Sales Tools as further described in its
Web Site: http://www.freeautobot.com/.to
on-line customers worldwide
AND
Customer desires to use such services.
NOW,
THEREFORE, in consideration of the mutual covenants and agreements
herein contained the parties hereto, intending to be legally bound,
hereby agree as follows:
I.
APPOINTMENT
FREEAUTOBOT hereby grants to Customer and the latter hereby accepts
the right to use the FREEAUTOBOT Services under the terms and conditions
set forth in this Agreement.
II.
ACTIVITIES AND OBLIGATIONS
FREEAUTOBOT will activate customers, provide on-line Customer usage
reports and service control panels and other duties as described on
FREEAUTOBOT's web site http://www.freeautobot.com/.
III.
PAYMENT
There is NO CHARGE for the FREEAUTOBOT Service
IV.
CUSTOMER STATUS
1. Should Customer's account be terminated, for any reason,
FREEAUTOBOT reserves the right to delete and make null and void all
data, files or other information that is stored in the Customer's
account, including any future options or credits.
2. It is agreed that Customer will conduct business as a Non-exclusive
Independent Contractor and not as an employee of FREEAUTOBOT and nothing
contained in this Agreement shall be deemed or construed to create
the relationship of partnership or joint venture, or to construe Customer
as FREEAUTOBOT's employee for any purpose and that Customer shall
pay all of his/her own out-of-pocket expenses, including but not limited
to the compensation of his/her sales, personnel, travel, telephone,
and all taxes, employee or otherwise.
3. Customer shall indemnify FREEAUTOBOT for any
damages sustained by FREEAUTOBOT from the breach by Customer of this
present Agreement
4. Customer agrees that all e-mails will contain
a 'Remove' Link and a 'FreeAutoBot' Link.
5. Customer agrees that FreeAutoBot may send e-mail
to the Customer regarding information that FreeAutoBot deem of interest.
6. Customer shall conduct his/her business in a
manner that will reflect favorably at all times on FREEAUTOBOT, in
order to maintain FREEAUTOBOT's good name, goodwill and reputation.
7. ALL ACCOUNTS THAT REMAIN DORMANT (USER HAS NOT
LOGGED IN OR ADDED A NEW LEAD FOR 180 DAYS OR MORE) WILL AUTOMATICALLY
BE DELETED FROM THE SYSTEM.
V.
ENTRY INTO EFFECT, DURATION AND TERMINATION
1. All Customer applications are subject to approval by FREEAUTOBOT.COM.
This Agreement shall be effective from the date of its acceptance
and shall remain in full force and effective for as long as there
is no breech in contract or unless terminated sooner by either party.
2. Both FREEAUTOBOT.COM and the Customer reserve the right to
terminate this agreement at any time.
3. The Company shall have the right, at any time, to register the
Company with an appropriate stock exchange for the purpose of public
transfer or sale of its stock.
VI.
IMPROPER USENET POSTING (SPAMMING) AND/OR CONTENT
FREEAUTOBOT.COM endorses a ZERO-TOLERANCE spam policy! Customers
may not use this service, directly or indirectly, for spam activities
or the promotion of spam related products. Customer agrees to
refrain from improper Usenet Posting, sites that promote racism or
violence, or any site that FREEAUTOBOT.COM deem inappropriate for
its audience. FREEAUTOBOT.COM may be used for lawful purposes only.
Transmission or storage of any material in violation of any international,
federal or any state law or regulation is expressly prohibited. Breech
of this clause may result in immediate termination at the discretion
of FREEAUTOBOT.COM. Customer will incur a charge of £100 per hour
for the time FREEAUTOBOT.COM spends on dealing with complaints and
be responsible for all legal costs that may arise in such matter.
Customer may also be subject to legal action. FREEAUTOBOT.COM
will be the sole arbiter as to what constitutes a violation of this
provision. FREEAUTOBOT.COM has the right to modify these terms
at any time with no prior notice.
Customers
may not create a scenario in which FREEAUTOBOT.COM handles "replies"
and/or undeliverable messages. Your FREEAUTOBOT.COM address
must be referenced in the body of your materials. It must not be used
as a "reply address", "from address", or "return address".
VlI.
GOVERNING LAW
This agreement shall be governed by the laws of England.
VlllX.
ARBITRATION
Each party hereby agrees to submit to binding arbitration in London,
England all disputes or controversies arising out of or in conjunction
with this Agreement in accordance with the commercial arbitration
rules of the British Arbitration Association then and there in effect.
lX.
NOTICES
All notices to be given shall be in writing and sent by certified
mail, registered mail, overnight courier, facsimile transmission and
addressed to the party for whom intended. Any party may change the
address to which notices shall be sent by notifying the other party.
Notices shall be deemed given upon acknowledgment of receipt.
X.
LIMITATION OF LIABILITY:
ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY
FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION
OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER
FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO $1.00.
XlI.
ENTIRE AGREEMENT; MODIFICATION
1. This Agreement contains all of the terms and conditions agreed
upon by the parties hereto with reference to the subject matter hereof.
No other prior agreements or understandings, whether written or oral,
with respect thereto, shall be deemed to exist or to bind any of the
parties hereto, and all such prior agreements and understandings shall
be superseded hereby.
2. This Agreement may only be modified by FREEAUTOBOT.COM at
its sole discretion by giving 30 days notice.
3. Should any provision of this agreement be held to be illegal,
invalid, or unenforceable by a court of law, the legality, validity
and enforceability of the remaining provisions of this agreement shall
remain unaffected thereby unless otherwise stated.
IN
WITNESS WHEREOF, both parties hereto duly represented have accepted
the present Agreement.
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