| Subscription Agreement |
The following terms and conditions (the "Agreement") shall govern your use of DidTheyReadIt.comTM (the "Online Services") and the information and materials available thereon (the "Materials") as provided by DidTheyReadIt.com, Ltd ("DidTheyReadIt"):
1 LICENSE; RESTRICTIONS ON USE
1.1 You are granted a nonexclusive, nontransferable, limited license to access and use the Online Services and Materials from time to time made available to you.
1.2 All right, title and interest including all copyrights and other intellectual property rights) in the Online Services and Materials (in both print and machine-readable forms) belong to the provider of the Online Services or its third party suppliers of materials. You acquire no proprietary interest in the Online Services, Materials, or copies thereof.
2 ACCESS TO SERVICES
2.1 You are the sole individual permitted to access and use the Online Services Pursuant to this Subscription Agreement.
2.2 Materials and features may be added to or withdrawn from the Online Services and the Online Services otherwise changed without notice.
3 SUBSCRIPTION TERM
3.1 The term of your subscription commences on the date on which you are first provided access to the Online Services and shall continue, unless sooner terminated, for the period set forth on the registration page (the "Subscription Period").
Free Subscription: Your free subscription shall automatically commence and shall continue until terminated by DidTheyReadIt at any time for any reason. You acknowledge and agree that your access and use of the Online Services and Materials will be limited the period set forth on the registration page. DidTheyReadIt may optionally reduce or increase the trial period duration and/or message limit.
Quarterly Subscription: Unless you give written notice of cancellation to DidTheyReadIt prior to the end of the Subscription Period, your paid subscription shall automatically commence and shall continue, unless sooner terminated, for a period of three (3) months and DidTheyReadIt shall automatically bill your credit card for your quarterly subscription fee for the Online Service and any applicable sales tax at the end of the Subscription Period. YOU MUST TERMINATE PRIOR TO THE END OF YOUR SUBSCRIPTION PERIOD TO AVOID CHARGES TO YOUR CREDIT CARD. Thereafter, unless you give written notice of your desire not to renew at least thirty (30) days prior to the end of the then-current term, your subscription shall automatically renew for additional terms of three (3) months and DidTheyReadIt shall automatically bill your credit card for your quarterly subscription fee for the Online Service and any applicable sales tax. You acknowledge and agree that your access and use of the Online Services and Materials will be limited to 500 electronic mail messages per month.
Semi-Annual Subscription: Unless you give written notice of cancellation to DidTheyReadIt prior to the end of the Subscription Period, your paid subscription shall automatically commence and shall continue, unless sooner terminated, for a period of six (6) months and DidTheyReadIt shall automatically bill your credit card for your semi-annual subscription fee for the Online Service and any applicable sales tax at the end of the Subscription Period. YOU MUST TERMINATE PRIOR TO THE END OF YOUR SUBSCRIPTION PERIOD TO AVOID CHARGES TO YOUR CREDIT CARD. Thereafter, unless you give written notice of your desire not to renew at least thirty (30) days prior to the end of the then-current term, your subscription shall automatically renew for additional terms of six (6) months and DidTheyReadIt shall automatically bill your credit card for your semi-annual subscription fee for the Online Service and any applicable sales tax. You acknowledge and agree that your access and use of the Online Services and Materials will be limited to 500 electronic mail messages per month.
Annual Subscription: Unless you give written notice of cancellation to DidTheyReadIt prior to the end of the Subscription Period, your paid subscription shall automatically commence and shall continue, unless sooner terminated, for a period of one (1) year and DidTheyReadIt shall automatically bill your credit card for your annual subscription fee for the Online Service and any applicable sales tax at the end of the Subscription Period. YOU MUST TERMINATE PRIOR TO THE END OF YOUR SUBSCRIPTION PERIOD TO AVOID CHARGES TO YOUR CREDIT CARD. Thereafter, unless you give written notice of your desire not to renew at least thirty (30) days prior to the end of the then-current term, your subscription shall automatically renew for additional terms of one (1) year and DidTheyReadIt shall automatically bill your credit card for your annual subscription fee for the Online Service and any applicable sales tax.
4 PAYMENT
4.1 All subscription fees, together with applicable taxes, are payable
in advance in U.S. Dollars.
4.2 Payment terms vary depending on which service you select when
your establish your subscription. Subscriptions prior to April
2007 are through Authorize.net. Subscriptions from April 2007
onwards may be WorldPay. Depending on your subscription type, one
of either section 4.3 or 4.4 below will apply to you.
4.3 WorldPay subscribers only:
As a subscriber to the Online Services, you agree that we are
permitted to charge your credit or other card via WorldPay for
your applicable subscription fee, any applicable sales tax and any
other charges you may incur in connection with your use of the
Online Services, as selected by you during your subscription
creation.
The subscription fee will be billed at the beginning of your
subscription, and (by your prior optional selection), may be
re-billed on each renewal thereafter unless and until you
terminate your subscription as provided herein, or as provided
through the WorldPay subscription interface.
Your subscription offers the choice of automatic renewals. If you
select this option, the Online Services will be automatically
renewed on a semi-annual or annual basis, as applicable, and your
card charged accordingly.
Your subscription will automatically renew for
successive semi-annual or annual subscriptions, as applicable,
without prior notice to you, unless and until your subscription is
terminated. You must terminate your subscription before it renews
in order to avoid billing of subscription fees.
Full and partial refunds are immediately available on all WorldPay
payments at any time. To make such a request, please contact us
via support@DidTheyReadIt.com, or our address below.
4.4 All charges to you are exclusive of any state or local
sales, use, or similar taxes. If any such taxes are applicable,
they shall be charged to you.
4.5 DidTheyReadIt does not guarantee that the Online Services and
Materials will operate continuously or be error-free.
5 LIMITED WARRANTY
5.1 DidTheyReadIt represents and warrants that it has the right and authority to make the Online Services and Materials available pursuant to this Agreement.
5.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 5.1, THE ONLINE SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND DidTheyReadIt AND EACH THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM ALL WARRANTIES IN AND TO THE ONLINE SERVICES AND MATERIALS. DidTheyReadIt AND EACH THIRD PARTY SUPPLIER OF MATERIALS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS AVAILABLE THROUGH THE ONLINE SERVICES, OR THE ONLINE SERVICE ITSELF. IN NO EVENT WILL DidTheyReadIt OR THIRD PARTY SUPPLIERS OF MATERIALS, OR THEIR RESPECTIVE AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE MATERIALS, OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6 LIMITATION OF LIABILITY
6.1 A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from: (a) any errors in or omissions from the Online Services or any Materials available or not included therein; (b) the unavailability or interruption of the Online Services or any features thereof or any Materials; (c) your use of the Online Services or Materials (regardless of whether you received any assistance from a Covered Party in using the Online Services); (d) your use of any equipment in connection with the Online Services; (e) the content of Materials; or (f) any delay or failure in performance beyond the reasonable control of a Covered Party.
6.2 "Covered Party" means: (a) DidTheyReadIt, its affiliates, and any officer, director, employee, subcontractor, agent, successor or assign thereof; and (b) each third party vendor, service provider and supplier of Materials, their affiliates, and any officer, director, employee, subcontractor, agent, successor or assign thereof.
6.3 THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS SHALL NOT EXCEED THE AMOUNT YOU PAID TO DidTheyReadIt FOR YOUR USE OF THE ONLINE SERVICES. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
6.4 THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGILGENCE OF ANY COVERED PARTY.
7 PRIVACY POLICY
7.1 DidTheyReadIt does not save, make a copy of or otherwise store any electronic mail message you send using the Online Services. All electronic mail messages sent using the Online Services are confidential in accordance with generally accepted standards of electronic mail usage.
7.2 From time to time, DidTheyReadIt may use your personal information for internal marketing and promotional purposes, and to inform you of updates and changes to the DidTheyReadIt service.
7.3 By signing up for a free trial to the Online Services, you acknowledge that the Online Services will be advertising supported. You will receive offers from DidTheyReadIt through, but not limited to, email, display ads, popup advertisements, and postal mailings.
7.4 If you are a paying user of the Online Services, you will not receive third party offers. If your status changes from a non-paying user to a paying user, your personal information will be suppressed from all marketing databases within 10 days.
7.5 This privacy policy can be changed at any time. The last revision date was December 8, 2005.
8 MISCELLANEOUS
8.1 This Agreement may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed upon 30 days' prior notice to you; all other provisions may be changed by DidTheyReadIt immediately upon notice. Your subscription for access to the Online Services may be terminated at any time upon notice to DidTheyReadIt if any change is unacceptable. Continued use of the Online Services following any change constitutes your acceptance of the change.
8.2 In the event you breach any of your obligations (including making payment in full when due),: (a) DidTheyReadIt may suspend, discontinue or terminate the subscription for access to the Online Services; and (b) DidTheyReadIt may pursue any other remedy legally available to it. For purposes of the foregoing, the effective date of termination shall be the date of an appropriate notice of termination, unless a later date is specified in the notice.
8.3 Except as otherwise provided herein, all notices and other communications hereunder shall be in writing, sent via electronic mail from DidTheyReadIt to you or displayed electronically in the Online Services by DidTheyReadIt. Notices to DidTheyReadIt should be sent to:
Attn: DidTheyReadIt.com Support,
Email: support@DidTheyReadIt.com
8.4 The failure of DidTheyReadIt or any third party vendor, service provider or supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
8.5 You may not assign your rights or delegate your duties under your subscription to access the Online Services without the prior written consent of DidTheyReadIt.
8.6 This Agreement is governed by & construed in accordance with the laws of the State of Texas.
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| Features |
When you use didtheyreadit, every e-mail that you send is invisibly tracked without alerting the recipient.
But when they read your message, you will immediately receive the following information:
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 When, exactly, your email was opened. |
 How long your email remained opened. |
 Where, geographically, your email was viewed. |
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