Send to Friends a division of Artifex LLC

Terms and Agreements

This agreement will govern your purchase and use of any Artifex LLC Services (collectively called "Plan(s)", your account will also be referred to as your "Plan(s)"), ordered by you and accepted by Artifex LLC (also known as Send to Friends a Division of Artifex LLC) and explains the terms and conditions that apply to your purchase and the use of the Plan(s). It is required that you register and accept this terms and conditions in order to use the Plan(s). By clicking the checkbox next to the text that reads "I Agree, and want to be a Member" (also known as Electronic Signature) you acknowledge that you have read this agreement and agree to be bound by the terms and conditions contained on this document as well as all policies and guidelines incorporated by reference. You agree that the act of submitting your order form online is equivalent to your signature. You agree that all the information you submit online is true and correct to the best of your knowledge.

1. Disagreement. If you do not agree to the terms of this document, or any of Artifex LLC's policies or guidelines, do not check the Electronic Signature and your Plan(s) will not be created. If you do not agree to the terms of any modification to ANY Artifex LLC document, immediately terminate your Plan(s) with Artifex LLC.
2. Modification Agreement. Artifex LLC reserves the right to change or modify any of the terms and conditions contained on this document and any policy or guideline incorporated by reference at any time. From time to time it is at Artifex LLC reserves, in it's sole discretion, the right to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting to Artifex LLC's website. Artifex LLC will only post a notice of any revisions or changes to this document for thirty 30 days in the My Account section of Artifex LLC's website. Artifex LLC may change or modify ANY policies or guidelines without notice to you. Your continued use of Artifex LLC's Plan(s) will be the reflection of your cooperation and acceptance of any changes or modifications.
3. Term. (i) Free or Reduced price Plan trial period (each a "Trial Period") - This agreement will be for the "term" of the Trial Period as described in each respective promotional offer as subscribed to by you  through (i) the PayPal subscription creation process or (ii) the other direct payment to Artifex LLC processes that may be offered, beginning from the moment you register for the Trial Period and Activate your account.  This agreement will be automatically renewed at the expiration of the term of the Trial Period, and you will be automatically subscribed to the Plan indicated for the term indicated in the respective promotional offer unless you followed the instructions described in the Termination Policy below. (ii) 1 Month Terms - This agreement will be for the "term" of 1 Month, beginning from the moment you register for the Plan(s) and Activate your account. This agreement and your Plan(s) will be automatically renewed at the expiration of the term unless you followed the instructions described in the Termination Policy below. (iii) 3 Month Terms - This agreement will be for the "term" of 3 Months, beginning from the moment you register for the Plan(s). This agreement and your Plan(s) will be automatically renewed at the expiration of the term unless you followed the instructions described in the Termination Policy below. (iv) 12 Month Terms - This agreement will be for the "term" of 12 Months, beginning from the moment you register for the Plan(s). This agreement and your Plan(s) will be automatically renewed at the expiration of the term unless you followed the instructions described in the Termination Policy below.
4. Payment. All charges for your Plan(s) must be paid in advance according to the most current price of the Plan(s). Upon registration, you must pay for your Plan(s) either through PayPal or directly to Artifex LLC through other payment options offered. Upon paying for your Plan(s), you thereby grant permission to Artifex LLC to charge any fees in accordance with your Plan(s). If you choose to pay by check, you authorize Artifex LLC to automatically transfer money from your checking account, without invoice, via the transit and routing numbers you will supply or have supplied in the order form. If you pay by credit card, you must update your billing information through the Plan(s) with any changes (including, but not limited to the, number, expiration, cancellation of your card, and your billing address) to your card that may prevent Artifex LLC from billing you. Check / money orders can be sent on a as needed basis worked out with a Billing Manager. All Payments are non refundable.
5. Charges. You will be charged additional nonrefundable fees in the event that you used excessive services including, without limitation, additional bandwidth, send referral emails in excess of Plan(s) limits. You agree to pay for any and all charges that may coincide with the usage of your Plan(s) at the then current Artifex LLC prices, which shall be subject to any applicable taxes. You are responsible for the payment of all taxes of any nature including, without limitations, federal, state and local sales, use, value added, excise and duty taxes irrespective of which party may be responsible for collecting or reporting such taxes. You are only not liable for paying taxes on Artifex LLC's income.
6. Lateness. If your payment is received late, you may be responsible for paying a late charge of $10 per month for delayed payments. Your Plan(s) may remain suspended until payment is received by Artifex LLC from you. If your Plan(s) is not paid on the due date, your Plan(s) may be terminated. A termination under this condition, or any other, will not relieve you from paying any past due fees plus interest that have accrued prior to the termination. In the event of collection enforcement, you will be liable for any costs, including, without limitation, attorneys' fees, court costs, and collection agency fees.
7. Plan(s) Usage. Artifex LLC's Online Privacy Statement informs the customer of how Artifex LLC will collect, store, process and use the information associated with the use of your Plan(s). Artifex LLC's Privacy Policy is located on Artifex LLC's website and may be updated at any time. 
8. Content Requirement. Use of the Plan(s) requires a certain amount of knowledge in the use of Internet Programming Languages, protocols and software, etc... This knowledge will vary depending on the usage and content level of your website. You or your webmaster must have the knowledge necessary to maintain your website and implement the Plan(s), as it is not Artifex LLC's responsibility to advise, teach, supply or provide any such knowledge or customer support outside of the Plan(s) agreed to you by Artifex LLC.
9. Usage of allotted Resources. You agree that the use of the Plan(s) will not exceed the server resources (bandwidth, storage, e-mail usage, CPU) allotted to your Plan(s). If you use any resources that surpass the email referral limits, Artifex LLC may, in its sole discretion, apply additional charges, suspend the Plan's usage, or terminate this agreement. In the event that Artifex LLC elects to take corrective action, you will not be entitled compensation for any used or unused prepaid fees.
10. Quality of Service. Artifex LLC will make its best efforts to provide quality, and uninterrupted services but this is not a guarantee. Artifex LLC will not be responsible for any damages caused by service interruption, temporary delay, or outages of the Plan(s).
11. Employee Solicitation. You agree not to approach Artifex LLC's employees with proposal to hire them as his own employees or contractors. If you were to hire any of Artifex LLC's employee, you agree to pay Artifex LLC for each employee the greater amount of three year's salary for that employee or $300,000.
12. Limited Liabilities. Under no circumstances, including, without limitation, negligence or other tort, principles of contract, warranty, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise, shall Artifex LLC in creating, producing or distributing the Plan(s) thereunder be liable to you for any indirect, special, consequential, incidental or exemplary damages including, without limitation, to damages for lost profits, loss of use, lost of data, errors, defects, phone bills, communication lines bills, loss of privacy, damages to third party even if Artifex LLC has been advised of the possibility of such damages. In no event will Artifex LLC or its suppliers have any liability for unauthorized access to, theft or destruction of any content made available for distribution by the Plan(s) through fraud or devices.
13. Indemnification. You agree that you shall defend by counsel reasonably accepted by Artifex LLC, protect and hold Artifex LLC harmless from and against any and all demands, liabilities, losses, costs, expenses, claims, including reasonable attorneys' and consultants' fees and court costs, demands, causes of action, or judgment directly or indirectly arising out of or related to the Plan(s) provided by Artifex LLC to you.
14. Disclaimer. You acknowledge and agree that Artifex LLC accepts no responsibility or liability for, and employs no control over, the content of the information passing through Artifex LLC's host servers, network hubs, or the Internet. All services performed thereunder are performed "as is" and without warranty against failure of performance including, without limiting to, any failure due to computer hardware or communication systems. Except as expressly provided in this Agreement, Artifex LLC does not make and hereby disclaims, and you hereby waive all reliance on, any representations or warranties, arising by law or otherwise, in reference to the Plan(s), including, but without limiting to, implied warranties of merchantibility, fitness for a particular purpose, non-infringement, or developing from course of dealing, course of performance, or usage in trade.
15. Automatic Plan(s) Upgrade. Artifex LLC may automatically upgrade Plan(s) without notice if the prices for the same Plan(s) change for monthly Plan(s)
16. Termination Instructions: To terminate your Plan(s) you must follow these instructions. Any other forms of termination will not be acceptable. Termination of your Plan(s) at any time will immediately end your Plan(s).  Any payments for the Plan(s) that you may have already made to Artifex LLC will be forfeited and any obligation of Artifex LLC to provide the Plan(s) will cease immediately.  You must provide Artifex LLC with notice of a termination at least 7 days before the end of the Term if (i) payment of the Plan(s) was initiated through Paypal:  By accessing your PayPal account, selecting the subscription to the Artifex LLC for the Plan(s) and canceling the subscription. Artifex LLC verifies the authenticity of the request with the account ID number sent from PayPal which can only be sent by PayPal at the request of the owner of the PayPal account, or (ii) payment of the Plan(s) was by a direct payment to Artifex LLC through other payment options offered: By accessing your "My Domain" page inside your Plan, and selecting to "deactivate" the Plan and confirming that you want to cancel the Plan. Artifex LLC verifies the authenticity of the request since only the owner of the Plan has access to the account. Once we receive an electronic Notice of Termination from the appropriate payment processor we will send you a confirmation e-mail. If your Plan(s) is billed in error after termination, credit will only be given to you if you have the valid confirmation e-mail showing our acknowledgement of your cancellation. Any attempts to cancel by any other means including but not limited to email, telephone, voice or text messaging systems will be rejected and billing will continue until these instructions have been followed. Any and all data and/or material placed by you to Artifex LLC's equipment may be deleted upon termination. Artifex LLC is not obligated to back-up any of this data and/or material after a Notice of Termination. If you terminate a Plan and subsequently activate a new Plan, any and all dues and fees paid for the terminated plan regardless of services rendered will be forfeited by you and shall not apply to the newly activated Plan.
17. Liabilities and Obligations on Termination. If the Agreement expires or is terminated for any reason, Artifex LLC is not liable to you because of such an expiration or termination for compensation or reimbursement on Plan(s) of the loss of prospective profits, anticipated sales, goodwill or on Plan(s) of any investment, relation to, or association with your business or for any other reason resulting from your termination or expiration. Any termination of this Agreement will not deem you exempt from past due invoices or fees that have accrued prior to the termination of this Agreement owed by you to Artifex LLC as provided in this Agreement. Artifex LLC reserves the right to refuse service to anyone at any time and to terminate any Plan(s) without reason with 1 day notice.
18. Violations. Failure to follow Artifex LLC's Agreement, policies, guidelines (collectively called "Conditions") will result in cancellation of your Plan(s). Artifex LLC will be the sole arbiter as to what constitutes a violation of the Conditions. Artifex LLC reserves the right to remove any Plan(s) without prior notice. Artifex LLC may investigate any reported violation of the Conditions or any complaints and take any action that it deems appropriate and reasonable to protect its systems, facilities, and/or third parties.
19. Refund Policies. You and Artifex LLC agree that there will be no monetary compensation for terminated Plan(s), or once the account renews for another billing period regardless of the reason. Setup Fees are non-refundable for any reason. Payment methods of any type including but not limited to payments made through PayPal or directly to Artifex LLC through other payment options offered are non-refundable.
20. Charge Backs. You and Artifex LLC agree that that YOU WILL NEVER INITIATE A CHARGEBACK TRANSACTION in any manner including but not limited to contacting your credit card's issuing institution or its associated payment network to attempt to entirely recoup or reduce a payment made for the Plan(s).  You agree that initiating a chargeback transaction would cause irreparable harm to Artifex LLC's reputation and ability to continue to operate.  You agree that initiating a charge back is a breach of this Agreement which will subject you to all remedies afforded to Artifex LLC under this agreement including but not limited to those outlined in the "Compensation" section of this agreement.  In addition to all other remedies, you agree to irrevocably pay Artifex LLC an administrative fee of $1000.00 for any such charge back attempt.
21. Promotions.  Promotions through Artifex LLC are subject to cancellation at anytime. Artifex LLC has the right to revoke any promotional offer previously offered on an account should it not comply with the terms and conditions of the promotion.  Promotional terms and rates do not apply to renewals of terms or accounts without limitation. Refunds offered by Artifex LLC through any and all promotions can only be claimed within the first 30 days after the first date of issuance through the promotion. Any request for a promotion to be in-acted after the designated promotional period will be denied.
22. Actions. Artifex LLC reserves the right to restrict or remove any content from its equipment that violates the Conditions, or is objectionable, or infringing on any third party's rights or in potentially violation of any laws. In the event that Artifex LLC becomes aware of the violation of the Conditions, a third party's rights or laws, Artifex LLC may immediately take corrective action which may include, but not be limited to, (1) restricting the Plan(s), (2) suspending or terminating the Plan(s), (3) restricting or prohibiting any and all use of Artifex LLC's equipment, and/or (4) pursue other civil remedies. The above stated rights however does not obligate Artifex LLC to monitor or exert control over the information made available through the Plan(s). Artifex LLC will not be obligated to refund you any fees or charges paid in advance for corrective actions due to possible violations of the Conditions.
23. Disclosure. Artifex LLC may reveal any information it deems necessary or appropriate, including, without limitation, user profile (e.g. name, e-mail address, etc...), usage history, material contained on Artifex LLC's system in order to abide by any applicable laws, lawful governmental requests, to protect Artifex LLC's systems and customers, or to provide and protect the quality, functionality, and integrity of Artifex LLC's business and equipment. Artifex LLC reserves the right to report any activities that it suspects violates any laws or regulations to the appropriate law enforcement officials, regulators or any other appropriate third parties.
24. Compensation. You agree to compensate, Artifex LLC and its affiliates and suppliers (and their respective employees, directors and representatives) for any and all expenses, including, without limitation, all claims, actions, proceedings, suits, liabilities, fines, and attorneys' fees, incurred by Artifex LLC or it's suppliers, arising out of or relating to (1) your violation or breach of any agreement, terms, representation or warranty of this Agreement or any applicable policy or guideline; (2) your improper or illegal use of the Plan(s); or (3) your violation, alleged violation, or misappropriation of any intellectual property right (including, but not limited to, trademark, copyright, patent, trade secrets) or nonproprietary right of a third party.
25. Entire Agreement. This agreement in addition with and to all policies and guidelines incorporated herein by reference, constitutes the entire agreement and contract between you and Artifex LLC and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreement between you and Artifex LLC with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. You agree that you are entering into this entire agreement on the basis of any representations or promises not expressly contained in the entire agreement.
26. Advertising. Artifex LLC may, free of any obligation to compensation, payment or reward, use your name and refer to you as a client, in advertising, publicity, or similar materials distributed or displayed to current or prospective clients.
27. Refusal of Service. Artifex LLC reserves the right to refuse service to any customer at anytime regardless of reason.
28. Laws. The entire agreement shall be governed by the laws of the United States and the state of Michigan and its validity constructions, interpretation and legal effect shall be governed by the laws and judicial decisions of the State of Michigan applicable to contracts entered into and performed entirely within the State of Michigan. You shall at all times accord with all applicable laws and regulations and shall protect and save Artifex LLC harmless from your failure to stray from accordance. You agree that Artifex LLC shall not have to perform any obligations set forth in this Agreement if such performance would violate any present or future law, regulation or policy of any applicable government. You shall not use the Plan(s) in any way that violates U.S. export laws, including without limitation, uses related to the distribution of weapons of mass destruction, prohibited chemical, biological, or nuclear weapons or missile use. You agree that you are not located in, under control of, or a national or resident of any country restricted as a destination by U.S. law or on the US Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders.
29. Severability. If any provisions of the entire agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed severable form and shall in no way affect the validity or enforceability of, the remaining provisions of the entire agreement, which shall remain valid and enforceable according to its terms. If it is deemed severable form, the liability of Artifex LLC and its suppliers to you will be limited to the amount actually paid to Artifex LLC by you under this agreement during the three (3) months preceding the date on which the claim accumulated. This limitation applies to all causes of action in the aggregate including, but not limiting, to breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other damages. The fees for the Plan(s) set by Artifex LLC have been and will continue to be based upon this allocation risk. Accordingly, you hereby release Artifex LLC and its suppliers from any and all obligations, liabilities, and claim beyond the limitation stated in this section
30. Warranties and Representation. You warrant and represent to Artifex LLC that you are (1) at least eighteen 18 years of age; (2) you possess the legal right and ability to enter this agreement; (3) you will use the Plan(s) only for lawful purposes and remain in accordance with this Agreement and all policies and guidelines that may apply; (4) you will be financially responsible for your Plan(s); (5) you have acquired, or will acquire all necessary arrangements for hypertext links to a third party Web sites or other content; (6) you have verified or will verify the accuracy of materials distributed or made available through use of the Plan(s), including, without limitation, your content, claims, warranties, guarantees, nature of business, and address where business is conducted, and (7) your content does not infringe or violate any right of any third party (including intellectual property rights) or violate any applicable law, regulation or ordinance.