Terms of Service : Updated 6/26/2009
Questions? Any questions regarding this agreement should be sent to accountservice@dm-creative.com prior to ordering our products and services.
1. COMPANY. We are doing business as Marketing Department at the primary URL, www.dm-creative.com on the Internet and other URLs as indicated on those sites. Marketing Department is hereinafter referred to as "Company." People and businesses who purchase company products and services including signator, contact, employees, affiliates and agents are hereinafter referred to as "Client."
2. IMPORTANT INFORMATION. You should carefully read the following terms of service. Your purchase or use of Company services and products implies that you, the Client, have read and accepted these TOS.
3. COURTESY is a high priority with Company. We understand the Internet can be confusing, complicated and frustrating. Company does our best to advise and inform Clients, but Client agrees that it is the Client's sole responsibility to know the workings of the Internet as well as the products and services ordered. Company strives to communicate in a couteous and respectful manner at all times. Client agrees to do the same.
Telephone conversations, emails and HelpDesk messages written in ALL CAPS indicate shouting - and is not necessary to communicate a sense of urgency or something important. The general tone of email and phone conversations shall always be polite as defined by the reasonable man standard.
4. RIGHT OF REFUSAL. Company reserves the right to refuse service for cause without notice. Should company receive harsh, hostile, insulting, sarcastic, rude or discourteous language, services may be discontinued and Client asked to take their business elsewhere. Any and all monies for work performed will immediately become due and payable. No refunds will be paid under any circumstances.
5. CONTINUING PERSONAL GUARANTY PROVISION - PERSONAL GUARANTOR(S). The use of Company products and services by credit applicant, person and/or business placing order (jointly and severally) acknowledges and agrees that this Continuing Personal Guaranty Provision is made in consideration of Company's acceptance of order and to induce Company to deliver the performance of services (by the hour, by the day, by the project or as otherwise agreed) as it exists or as it may be amended from time to time, whether before or after termination or expiration, and whether or not the Client has/have received any notice of any amendment, and if any Event of Default shall occur under the Terms, the Client hereby waives notice of default and agrees to pay Company for any and all amounts due from Client. Company may proceed directly against Client, and each of them, without first exhausting its remedies against Client and/or any other person or entity responsible to Company, or any security held by Company. Client acknowledges that the GUARANTY is a continuing guaranty and shall not be affected by the release or discharge of Client. To the fullest extent permissible under applicable law, Client waives any and all rights of subrogation, reimbursement or indemnity derived from Client and all other rights and defenses available to Company, and further waives any and all rights or defenses arising by reason of any modification or change in the terms of the agreement whatsoever, including, without limitation, renewal, extension, acceleration, or other change in the time any payment or other performance thereunder is due, and/or any change in any rates, limits, changes or fees thereunder. Client unconditionally and specifically authorizes Company to debit any amounts for obligations due under the order and credit application agreement(s) and/or from any personal checking account or other account owned or controlled by Client(s), and each of them, and further to report any default hereof on Clients' personal Credit Bureau Reports. Client agrees to pay all costs and expenses of whatever nature, including reasonable attorney's fees and other legal expenses, incurred by or on behalf of client in connection with the enforcement of TERMS. By and in use of Company products and services, Client(s) and each of them, hereby authorize company and its assigns to obtain from third parties financial and credit information relating to Client(s), and hereby grants to Company and its assigns, continuing authority to conduct credit checks and background investigations and inquiries concerning each of the undersigned. Each and every of the clients, credit applicants and purchasers expressly authorizes company and its assigns to request and obtain from Consumer Reporting Agencies (Bureaus) consumer and business reports and if Client is approved, to obtain subsequent consumer and business credit reports in connection with the maintenance, updating, renewal or extension of the TERMS. Each of the Client(s), credit applicants and purchasers of products and services from Company furthermore agrees that all references, including banks and Consumer Reporting Agencies may release any and all personal and business credit and financial information to company and its assigns.
6. ESTIMATES AND PROPOSALS. An Agreement between Client and Company under which Company will provide services and products shall be in writing and may incorporate an estimate, proposal, email or such other written communication herein referred to as "Proposal." PDF purchase order, change order, credit card authorization and credit card change forms are available for estimated services and pre-priced products. In the event that the Proposal and the TOS are different, then the TOS shall apply.
7. SERVICES AND PRODUCTS. Company services are provided "by the hour", by the day and by the project as defined and agreed in the Proposal. Products include any item delivered to Client as a result of an estimate, proposal or purchase for a fixed or flat fee.
8. CLIENT ORDER. Services and products requested and purchased by Client will be referred to as the purchase "Order."
It is the responsibility of the Client to state and understand the work to be done by Company including features and functions needed - before the Proposal and Order are processed. Written specifications provided by and/or approved by Client in writing that are ambiguous, lack detailed specifications or omit expected features and functions will be interpreted by Company in order to deliver Client Order. Modifications to work delivered as a result of any misunderstanding will constitute a change order.
A "good faith" effort is made to deliver the Order as specified. For "by the hour" services, the number of hours is estimated. However, due to the nature of the company's services, the Client Order may require additional time, labor and funding in the event that time estimated is consumed. Client agrees to submit additional payment for work ordered, as needed. No further work will be done by Company on an Order once the estimated time has been consumed until additional payment is made in advance.
9. ACCEPTANCE. By submitting Order to Company, Client agrees to the TOS set forth and agrees to be legally bound as defined herein by continuing to utilize the services and products.
Company agrees to provide services and products defined in the Proposal upon receipt of Order from Client. Receipt by Company is refers to a signed Agreement and compensation in the possession of Company with specified funds submitted with the Client Order available in Company bank.
10. COMPENSATION shall be described as, but not limited to, fee, rate, funds, deposit, retainer, payment, money, monies or such other financial consideration offered for acceptance by Client in agreement with Company TOS, in exchange for delivery of services and products for sale by Company. Company accepts Visa, MasterCard, Discover Card and American Exress. Client checks shall be drawn on U. S. financial institution. Company only accepts dollars as currency for payment.
11. PAYMENT. Due to the nature of products and services, as well as the actual and virtual locations of Clients transacting business on the Internet, Company does not carry receivables. Products and services shall be prepaid. Payment plans and subscription plans may be offered. Benchmarks may be set for payment increments. Full payment must be submitted pursuant to the Agreement, on first day of the WEBSITE check and test period, delivery of FIRST COMP, PROOF, whichever occurs first.
a) Payment. Payments are due on the dates as agreed. All monthly fees are automatically charged at the end of the initial contract term, i.e. monthly, quarterly, one or two years, prior to the beginning of the next term. Monthly fees after the initial term can be cancelled after the initial agreed term has expired with 30 days advance notice or as such other notice applicable in the written Agreement and sent by email to accountservice@dm-creative.com, by USPS mail or fax to (972) 390-2456. Company may require Client to give authorization to obtain credit information regarding Client from trade and bank references, external credit reporting agencies, consumer credit agencies and other credit sources as may be necessary and Client agrees to provide such credit information as Company may reasonably require. Should payment benchmarks be agreed to, transactions shall be immediately due and payable, as specified in the Agreement. Credit card charges will be automatically processed without further notice including fees for additional services or change orders requested after the initial Order. An invoice is not sent requesting payment. An invoice is sent as a receipt of payment. It is the Client's responsibility to read and understand the Company's payment terms and comply as agreed.
b) Credit Cards. Credit card accounts shall be kept current and Client agrees to immediately notify Company and/or update Client credit card information in the event of a change in credit card account, expiration date and CVV. Credit card written authorization is required. Updates for the expriation date and/or CVV may be emailed for an existing credit card account. A change of credit card on Client account requires a written authorization signed and faxed to (972) 390-2456.
Declined credit card transactions shall be cause to suspend or discontinue services and/or deny access to products and services at company discretion without notice or refund. A fee of $25 will be assessed on each credit card transaction that fails per occurrence and must be paid along with any reinstatement account fee. A maximum of two transaction attempts will be made on "bad card" failures per occurence. At the sole discretion of company, reinstatement of products and services may be suspended, terminated, denied, or an additional payment advance may be required.
Declined credit card transactions on products and services on a PAYMENT PLAN or on a SUBSCRIPTION PLAN become immediately due and payable in full for the term specified at time of the Order.
c) Bounced Checks. Returned check incur a $25 fee for each return by bank. Services and products are subject to suspension or termination if not cured within 3 days. Certified funds will be required to cover the check and fees.
d) Nonpayment. Nonpayment on products and services ordered initially or as a change order is cause for immediate termination of account and/or license - and cause for initiation of collection remedies. Work in progress is immediately stopped. Account is suspended or terminated without notice. Access is denied. No refunds are made for any reason. There is a fee for activation. Company reserves the right to refuse to continue working with Client for cause, including nonpayment, threat of nonpayment, direct or indirect statements to hold payment hostage, refusal to pay or cause payment to be delayed for any reason.
e) Good will. Services that may be delivered at the sole discretion of Company as a courtesy for consideration of good will shall not constitute a waiver of Company terms and conditions, payments due, cause for suspension and termination, and shall not obligate Company in any way for any reason before, after or during the delivery of good will services.
f) Discounts. Should Company offer one or more discounts, only one discount offered shall be applied to an Order at any given time unless otherwise authorized by Company in writing.
11. ANTIFRAUD CHECK. Client purchase Orders can be suspended for manual antifraud check for 10-20 minutes, as well as, it can be suspended for longer term (around 20 hours) for more serious investigation. Antifraud check occurs because of growing number of fraud transactions from persons who are not actual cardholders of the credit cards used during purchase Order.
12. AGREEMENT. The Agreement shall incorporate the accepted Proposal, Order and Receipt by Company. Any changes or modifications to the Agreement shall be in writing. Services and products requested that are not clearly defined in the Proposal will be in addition to the Order. Compensation may or may not be required, and TOS apply to non-compensated or courtesy services as well as any service or product outlined in the Proposal.
13. TERM OF AGREEMENT will commence on the first date a fully executed and initiated Agreement is received by Company from the Client, and will automatically renew as per the terms of the Agreement, unless cancelled or otherwise agreed to in writing.
14. DELIVERY OF SERVICES AND PRODUCTS by Company shall include all reasonable references as is applicable with the services or products ordered, such as installed, uploaded, emailed, mailed, faxed, conducted, monitored, tracked, provided, completed.
15. BREACH OF AGREEMENT. The Client agrees to notify Company, in writing, of any claims for breach of agreement, and Company shall have 30 days to cure such claim, in the event a breach has actually occurred. If Client breaches any provision of the Agreement, Company may immediately suspend all services. If this occurs, Company will promptly notify Client and if such breach is capable of being cured, Client will have ten days to cure such breach to Company’s reasonable satisfaction. If such breach is incapable of being cured or, if capable, is not cured within ten days, Company may terminate this Agreement and/or pursue all other available remedies to enforce this Agreement and obtain payment hereunder. In such event, Company will be entitled to accelerate all fees due hereunder and to collect all of its costs and attorney fees incurred. Client’s breach of this Agreement will constitute a breach of all other Agreements between Company and Client or any party controlling, controlled by, or controlled with Client.
16. CONFIDENTIALITY. The Client shall keep confidential all information that is provided to the Client in connection with the performance of services and products that are proprietary in nature, including but not limited to all technical data, know how, methods, processes and procedures used to benefit the Client’s business and/or website(s). The Client agrees that, during the term and thereafter, it will keep the Confidential information in strictest confidence and, in addition, protect such Confidential information by no less stringent security measures as it takes to protect its own Confidential information, but by at least reasonable security measures. The Client also agrees that it will not use any confidential information for any purpose other than in connection with the performance of its obligations under this agreement. The parties recognize that the disclosure of Confidential information by the Client in violation of the provisions of Company TOS would cause irreparable injury to the Company; and therefore, in the event any party breaches or threatens to breach the provisions of this agreement, the Company, in addition to any other remedies it may have, will be entitled to preliminary and permanent injunctive relief without the necessity of posting a bond, and any such remedies as may be deemed appropriate.
17. OWNERSHIP. Services and products provided by Company are the property of Company and protected by Copyright law. Upon completion of full payment, license to use the product is granted Client with the following exceptions: 1) Software. Software is protected by copyright law and is licensed for one-time use on one domain unless explicitly stated in writing. Use licenses are for a specified term and may be renewable. Use of software is NOT transferable. 2) Design. Graphic design, web design and logo design may only be used one time for the purpose it was intended. Client agrees to compensate Company for each occurrence and other use for any design provided to Client by Company not covered in the Proposal. 3) Meta Tags. The Client has the right to use the Meta Tags and other work provided solely for the website as long as payments are made. Such right to use continues after the termination of this Agreement as long as all payments are made. 4) Client may not claim intellectual or exclusive ownership of any Company products, modified or unmodified.
18. CHANGES AND REVISIONS. If Client requests changes or revisions that vary from the Order, including applicable written concept, content, plan, document, design, theme or statement of work as described in the Proposal and approved by Client in writing, the Client agrees to compensate Company in advance for such changes and revisions in addition to the fees already agreed to, at the Company's currrent published hourly billing rate at the time of request. Changes and revisions shall include any work requested in addition to the Agreement approved by client, including new work requested because the Client did not specifically itemize, explain and fully describe work to be done in writing. Client accepts responsibility to identify and clarify requirements, features, functions and expectations in writing before compensation is agreed upon.
Should Client by accident or purpose, whether intentional or unintentional, obvious or unidentifiable, modify or change site and/or cause site, products or services provided to become broken or corrupt - for any reason - after Company makes delivery, Company time and labor to return product or service to its original delivered state is billable, and compensation is due upon demand or in advance as requested.
19. CANCELLATION. If for any reason an Order is cancelled after the Agreement commences and before completion, Client is entitled to ask for a refund less the cancellation fee, which is equal to the initial deposit, plus the fees that cover labor and expenses provided by Company on behalf of Client to date. The minimum cancellation fee is $250 per Order.
20. COMPANY REFUND POLICY. Since Company is offering non-tangible irrevocable goods and services, Company does not issue refunds after the services or products are delivered - which Client is responsible for understanding upon the Order of any product or service from Company. The deadline for any refund claim is one week after the Agreement commences. No refund shall be made for labor performed or out-of-pocket expenses incured on Client behalf.
21. WARRANTIES. Except as expressly stated herein, Company services and products are provided "as is" without warranty of any kind, either expressed or implied, including any implied warranties of merchantability and fitness for a particular purpose. In no event shall Company juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use Company services and products.
22. CLIENT CONTACT. To avoid misunderstanding, miscommunications and conflicting input, Client agrees that there will only be one person as point of contact. The Client contact person will provide the input and that input is what services are based on. Input will be in writing unless considered conversation, and may be confirmed by email at the descretion of Company. If Company elects to submit confirmation, a presumption of acception attaches. The contact person will be designated in the Agreement.
23. CLIENT INPUT. Client agrees to provide input, information and materials needed to produce the Order. Input shall be provided in a timely manner not to exceed 30 days after the Order. Failure to provide input within 30 days cancels the Order at the discretion of the Company, and causes Client to forfeit any monies paid on the account for the Order unless an extension of time is requested in writing and agreed to by Company.
Input shall be delivered pursuant to Company procedure via online questionnaire, upload utility or HelpDesk as requested in the Proposal. It is the Client's responsibility to make sure Company is completely informed and Client agrees to provide the necessary input and files in a timely manner after the Order.
Input and files provided before the Order will NOT be part of the Order. Input and files provided after the order shall be in compliance with the information provided that the Proposal is based on. Only input and files provided by Client that are in compliance with the information that the Proposal is based on will be utilized unless Client requests a revised Proposal, approves the change order and submits payment.
24. CLIENT-SUPPLIED MATERIALS. All Client-supplied materials shall be legible and of professional quality. Delivery to Company in a timely manner shall be the responsibility of Client. Materials arriving separately at a later date that include information to be added to the work previously completed, shall be ommited or if applied, shall be billable at the published hourly rate in advance. Client-supplied materials shall not be returned unless Client makes a request and supplies packaging, postage and delivery fees at the time the materials are received by Company.
25. PRESUMPTION OF ACCEPTANCE. The products and services delivered shall be deemed approved and accepted within ten (10) days of notice of delivery to Client by Company, unless Client notifies Company that it has not been accepted, setting forth the reasons why it has not been accepted. Regardless of said notification, if Client uses the products and services substantially in accordance with the intended purpose, the delivery will be deemed to be approved and accepted in its entirety.
Services that meet written specifications outlined in approved Agreements, change orders and statement of works are accepted upon delivery. Agreements cannot contain, and shall not include verbal, implied or supposed expectations.
26. NOTICES. This publication in entirety is the complete TERMS OF SERVICE (TOS). All changes and amendments to TOS may be updated from time to time. When an update occurs, new TOS will be published on the website. Company reserves the right to correct typos, errors and descriptions as needed to maintain accurate information. Under no circumstances will Company be liable for typos, errors or misquoted content. DISPUTES that cannot be settled within 30 days at the sole discretion of Company may be submitted for binding arbitration to the local office of American Arbitration Association in Collin County, Texas, USA. Client and Company agree that these TOS are binding on their respective personal and business heirs and assigns and shall be interpreted according to the laws of the State of Texas, USA. Any legal action commenced shall be conducted in Collin County, Texas, USA. Client agrees to pay all collection fees, court costs, attorney’s fees and/or collection agency fees to collect balances due and payable. Client agrees to indemnify Company against loss and hold Company harmless from any collection policy or procedure, including that of collection services engaged by Company to collect payment due. Said action might include reports to agencies, such as Better Business Bureau and Dun & Bradstreet, as the collection service sees fit in accordance with their collection policies and procedures. Client agrees that the total maximum award available is limited to the amount previously paid to Company.
27. ONLINE CATALOG SHOPPING SYSTEM. Products purchased through Company online catalog shopping system, known as, web store, are limited to the specifications defined online by the web store. In the alternative, an option to request an estimate is available.
28. TECHNICAL SUPPORT. Technical, creative and web support is billable by the hour. Client is encouraged to request an estimate. After 10 days of initial product use, investigation and resolution for errors encountered, including programming for HTML and PHP products powered by mySQL database are billable. It is the responsibility of the Client to state the work requested including features and functions needed - before the Order is processed. User manuals, training and instruction are not included with Order unless specifically stated in writing. Support is not available for products stored on foreign servers.
29. SERVICE AGREEMENT FOR ONLINE MARKETING, WEBSITES, SOFTWARE DEVELOPMENT AND HOSTING. The following TOS are an additional Agreement between Company and Clients subscribing to Internet marketing program, search engine marketing, web design and development, custom programming or software development, and web hosting. Please make sure you are in agreement with the following additional TOS (in entirety) as applicable before placing an Order.
30. ONLINE MARKETING. Any Client can subscribe to one or more online marketing services with the following requirements:
a) Search Engine Marketing. In order for Company to achieve success for Client, search engine optimization is required or must have been accomplished prior to conducting or subscribing to search engine marketing submissions program. Company accepts no liability or responsibility if third-party SEO services are utilized.
b) Hosting. Client agrees to transfer hosting to Company in order to allow Company access to the root domain for web page modifications and updates that support the success of the search engine marketing program. In the alternative, Client will provide Company with FTP access for the term of services.
c) Website. Client agrees to maintain a new or revised website published on a remote server to support the success of the search engine marketing program.
d) Money-Back Guarantee. Company does not offer a guarantee for online marketing and does not make promises, implied or explicit, including, but not limited to, top 10, top 5 or first-page ranking in search engine found list. However, Company does commit to achieving a successful outcome with the goal of reaching such ranking.
e) Combination Services. Company may offer a combination of services, such as Internet Marketing Program, in which case, the individual components of the program may be modified along with a package price. Only inclusions listed with the combination program apply.
f) In addition to Item 16 CONFIDENTIALITY, Client agrees to keep all online marketing concepts, strategies, tactics, technical, financial, cost and pricing information confidential and not disclose any confidential information for the term of the service and five (5) years after termination of services.
g) Upon termination of services, Client is entitled to utilize web page additions and modifications as long as the full term of services is complete, and full payment has been made pursuant the TOS.
31. WEBSITES. Design and development of custom websites is based on the Proposal and the following:
a) Check and Test. Client is offered a check and test process on delivered products and services, which affords Client the opportunity to report errors. The check and test is solely for the purpose of correcting text errors, broken web links, broken images or programming errors. A feature, function or link that does not perform as expected, but does perform as specified in the written Agreement is not an error. A change or request to modify the graphic design, web design, development and/or programming is classified as a technical or creative change of direction. These type of changes are not corrections, and as such, are billable in advance.
b) Check and Test Time Period. The check and test time period is 10 days after delivery or notice, and if there are errors or corrections, subsequent check and test periods offered will be limited to 3 days, and same acceptance terms apply as with the 10 day check and test.
32. SOFTWARE LICENSE. Company grants Client a nonexclusive limited license to use the products sold through our web site in accordance with these TOS.
a) Limited Usage Grant. Client may only use each individual product on a single website, designated domain or for a single purpose, which is the standard for design services. Licensed software products are further subject to the individual use license associated with that particular product and published with that product and said license is included herein by mention.
b) Modifications. Client is authorized to make any necessary modification(s) to products to fit Client purposes.
c) Unauthorized Use. Client may not place any Company products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from Company.
d) Assignability. Client may not sub-license, assign, or transfer this license to anyone else without prior written consent from Company.
33. PRINTED PRODUCTS. Any and all projects, graphic design and/or reprints shall be approved by Client in the proof stage. If the proof or review of the proof is waived for any reason, the printed product is considered approved as is. Under no circumstances does Company accept any responsibility or liability for errors in printed products after priinting has commenced or items have been delivered. The Client has the entire responsibility for the content, accuracy or appearance of any printed item and any errors therein.
34. SHARED AND DEDICATED HOSTING. Company web host services include high-speed hosting, shared secure server and dedicated server options, each with installed scripts and software to support the function of company web products, including but not limited to, HTML, PHP, MySQL, cgi and perl. If Client does not choose to utilize Company hosting services, the interactivity and/or site functions may not work for products and services delivered. Client accepts responsibility for the hosting service support, or lack thereof, when utilizing foreign hosting services other than that offered by company.
a) Clients. Company offers web hosting to Clients all around the world. We have the responsibility to protect each Client and provide them with the best service possible. Please read carefully before ordering and/or using Company web hosting services.
b) End User Agreement. Client may not sublease, sub host, or give away control of any portion of their web hosting space and/or resources (including, but not limited to, e-mail accounts, space, ftp accounts, etc.), unless otherwise stated in writing.
c) Content. All services provided by Company may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless company from any claims resulting from the use of the service which damages the subscriber or any other party.
Note: Pornography and sex-related merchandising are prohibited on any company assigned server. This includes sites that may infer sexual content, or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to servers or any other server on the internet. Links to such materials are also prohibited.
Examples of non-acceptable content or links
• Pirated software
• Bulk Email related products
• Pornography/Nudity/Adult Content
• Hacking/cracking related websites
• Warez and/or copyrighted MP3s
• Illegal material or material that is against public policy
• Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)
d) Company will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund!
e) Copyright Violations. Company will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.
f) System Resource Useage. Server accounts are based on amount of storage and transfer. It is the sole responsibility of client to order server storage and transfer needed to support their business. Clients can upgrade accounts, as needed, if space is available, or order a dedicated server, which is recommended for sites or shops with a large number of products and product images and/or high traffic. Company is not responsible for relocating files to alternate servers.
If Company system administration determines that a Client's account is utilizing an unacceptable amount of system resources, Company may temporarily deactivate the account in question. If Company deems necessary, an eviction notice may be sent to the client of an offending account providing them with ten (10) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases.
Company will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.
g) Domain Parking Circumvention. Any attempt to circumvent domain parking restrictions by using selective HTTP redirects or any other method to send traffic from parked domains to sites other than the main site is strictly prohibited. If multiple domain names with separate content are required, domain pointers must be used instead.
h) Chat Rooms. Company does not allow Client to install their own chat rooms. These tend to be large system hogs and Company cannot allow it as an account option. Client is free to use any and all of the three chat systems that come pre-installed on all accounts.
i) Background Running Programs. (bots/daemons/monitors) Clients are not permitted to run programs in the background on shared hosting servers. This tends to use a lot of system resources, and can impair service to other Clients on that server.
j) Backups. Company hosting accounts include a 3rd party nightly backup service, however these backups are for Company 3rd party administrative purposes only, and are in NO WAY GUARANTEED! Client is responsible for maintaining their own backups on their own personal computers. Company does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Company's part). Company will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.
k) Support Abuse. At Company, we always treat Clients with the utmost respect. In return, we expect the same from you. If our staff feels that Client consistently addresses them in a demeaning or rude manner, client account may be suspended and Client may be asked to take your business elsewhere. In the event that Company terminates hosting service for support abuse, Client will be given ten (10) days notice to find a new host. We will issue a refund only for the unused portion of pre-paid hosting service on accounts that are in good standing and have not been in default for cause.
l) Cron Jobs. Company does allow Cron Jobs to be conducted on servers we offer. Client can setup and manage the cron jobs for your account from the "Cron" section of cpanel or vdeck admin panel.
m) IRC (Internet Relay Chat). Company does not allow IRC or IRC bots to be operated on servers we offer. Any account found to be in violation of this provision will be immediately suspended and/or deactivated and no refund will be issued.
n) Shell Access. Shell access is provided on an as-needed basis. It does not come enabled on accounts by default. A request for this feature must be sent to technical support before it can be used. The request must include a domain name, username and explanation of why shell access is required. We reserve the right to refuse this service to any customer for any reason.
o) Unsolicited Email (SPAM). SPAMing, or the sending of unsolicited email, from a server provided by company or using a return email address that is maintained on a server provided by company is STRICTLY prohibited. Using SPAM to advertise a site hosted on company network also constitutes as a violation of this provision. Company will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.
Help us STOP SPAM! Please use the helpdesk to notify us immediately to report a violation of our SPAM policies.
p) Server Abuse. Any attempts to undermine or cause harm to a Company server or Client of Company is strictly prohibited.
Company will be the sole arbiter as to what constitutes a violation of this provision. Client found in violation of this provision will be subject to account deactivation without refund. Company will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.
q) Failure to Comply. Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to Company's discretion). Any accounts and/or servers contained within Company's network must adhere to the above policies.
Company reserves the right to remove any account without prior notice. If Company deactivates your account for violating TOS, Client will forfeit rights to a refund--and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.
Company reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.
35. EBOOKS, REPORTS, WHITE PAPERS. Although the publishers have exhaustively researched all sources to ensure the accuracy and completeness of the information contained in documents for sales, used as bonus or given away in print or digital format, emailed or downloaded, Company assumes no responsibility for errors, inaccuracies, omissions or any other inconsistency herein. Slights against people, organizations, businesses, sources and references are unintentional. Companies, product names, services, sources and references identified are the trademark, registered trademark or property of their respective companies and owners. They are mentioned in this document in an editorial capacity only and for the benefit of such companies. No such mentions are intended to convey endorsement or any other affiliation with this document. The publishers neither warrants, promises or guarantees any outcome from the use of the information contained herein. Upon use of the information in this document, the owner/user expressly holds the author and publisher harmless and indemnifies the author and publisher from any liability whatsoever. The author and publisher shall have neither liability nor responsibility to any person or entity with respect to any loss or damage caused, or alleged to be caused, directly or indirectly caused by any information contained in this document. This document is not and does not contain legal documents. The author and publisher in no way suggest either directly or impliedly that any owner/user of this document participate in any fraudulent or other unlawful act. This document is designed to provide accurate information in regard to the subject matter covered. It is provided with the specific understanding that neither the author nor the publisher is rendering, legal, accounting or other professional services. If legal, accounting or other professional counsel, assistance or advice is required, a competent professional person should be consulted.
No part of said documents may be reproduced in any manner whatever, electronic or mechanical, photocopying, recording or in any storage or retrieval system, without the express written permission of the copyright owners, except for brief quotations embedded in reviews.
Private Label Rights to certain documents and/or any of the guidebooks, ebooks, reports, whitepapers, articles, software and more that we publish are available by membership.
No guarantees of income are made. Reader assumes responsibility for use of information contained in referenced documents. The author reserves the right to make changes without notice. The Publisher assumes no responsibility or liability whatsoever on the behalf of the user.
36. AFFILIATE PROGRAMS. By filling out the signup form you acknowledge that you have read the terms and conditions, understand, and agree with them.
a. Joining the Program
By filling out the signup form you will automatically become an affiliate and are bound by the terms of this agreement. Your participation in the program is solely for this purpose: to legally advertise our websites to receive a commission on products purchased by your referred individuals.
b. Revocation of Affiliate Status
Your affiliate application and status in the program may be suspended or terminated for any of the following reasons :Inappropriate advertisements (False claims, misleading hyperlinks), Spamming (mass email, mass newsgroup posting, etc...), Advertising on sites containing/promoting illegal activities, violation of intellectual property rights.
c
. Affiliate Links
You may use graphic and text links both on your website and in emails. The site may also be advertised "offline" in classified ads, magazines, and newpapers. The affiliate link may not be used in traffic exchange/exit exchange programs. You may use the graphics and text provided to you by us, or you may create your own as long as they are deemed appropriate according to the conditions in 2.
d. Affiliate Tracking
When a web surfer clicks through your affiliate link, a cookie is set in their browser that contains your affiliate username. Also, their IP address is tracked in the database along with your affiliate name. When this person decides to buy a product, the script will look for this cookie and/or try to match their IP address to identify the affiliate who will be awarded the commission. Visitors sent through your affiliate link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or they are using the same IP address as the one logged in the database.
e
. Terms of the agreement
These terms will begin upon your signup with the affiliate program and will end when your affiliate account is terminated. The terms of this agreement may be modified by us at any time. If any modification to the terms is unacceptable to you, your only choice is to terminate your affiliate account. We pay our affiliates in US dollars by PayPal. You agree to be paid by PayPal. We reserve the right to change the payment method in the future. We use an exchange rate of 1:1 for Euro and US dollars. Your continuing participation in the program will constitute your acceptance of any change. We pay you when your total commissions are US$100 or more. If your commissions total is less than US$100, the current month's commissions are rolled over to the next month, until your amount due is at least US$100. We don't send payments to free email addresses (Hotmail, Yahoo, etc.). The commission payout includes all taxes that might apply in your country or state. If you have to pay or collect taxes for the payment, you have to deduct the amount for the tax from the payout. It is not allowed to create a sub affiliate account for yourself. You cannot have two affiliate accounts that are related to each other. If you close your affiliate account, you will only be paid when commissions are US$80 or more.
f. Liability
We will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, and any results of "intents of harm" to the program or our website. We do not make any expressed or implied warranties with respect to the affiliate program and/or products sold at this site. We make no claim that the operation of the affiliate program and our website will be error-free and we will not be liable for any interruptions or errors. By applying for membership, you acknowledge that you have read the terms and conditions, understand, and agree with them.
g. Clickbank
Affiliates who joined through Clickbank are subject to the terms set forth under Clickbank rules and regulations.
37. PLR MEMBERSHIP
By joining our PLR membership program, you agree to abide by all terms and conditions including the level of copyright authorized by each item. You understand and agree to copyrights as follows:
a) Unrestricted Private Label Rights: the most flexible of all rights and therefore the most valuable. You can do nearly anything with these products including renaming, branding and selling as your own, editing and bundling with other products in a package. You can also give them away and you can sell or giveaway rights for others to resell, master resell, or private label.
b) Pirvate Label Rights: similar to unrestricted in that you can rewrite, edit, and call products your own. There are some limitations including but not limited to minimum sell price and you cannot give for free.
c) Master Resell Rights: you can give away the resell rights to other, and give away the Master Resell Rights, allowing others to resell the resell rights.
d) Resell rights: you can ONLY resell the item. You cannot change it in any way and you cannot giveaway or sell resell rights.
Upon joining our PLR Membership club, you affirm that there is a 14-day trial period for which the initial payment covers. During this period you may download available products. Once the trial period ends, you are immediately billed for the first monthly fee, which is accessed every month thereafter until you cancel your membership.
Refund Policy.
Refund is only available to subscribers if there are direct issues involving our service or the members access to our website. In these cases, request needs to be made directly through our Support service and refunds may be negotiated with us. No refund is available for subscribers who have accessed their membership and downloaded any product. We keep comprehensive logs including your IP, which will determine member access in case of disputes.
Disclaimer.
The author and publisher have used their best efforts in preparing this report. The author and publisher make no representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of this report. The information contained in this report is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this report, you are taking full responsibility for your actions.
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT PRODUCTs AND POTENTIAL. HOWEVER, THERE IS NO GUARANTEE THAT YOU WILL IMPROVE IN ANY WAY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF ANYTHING. SELF-HELP AND IMPROVEMENT POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES.
YOUR LEVEL OF IMPROVEMENT IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR IMPROVEMENT LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE'S, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
The author and publisher disclaim any warranties (express or implied), merchantability, or fitness for any particular purpose. The author and publisher shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, which is provided “as is”, and without warranties. As always, the advice of a competent professional should be sought. The author and publisher do not warrant the performance, effectiveness or applicability of any sites listed or linked to in this report. All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
Earnings Disclaimer.
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND IT'S POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A 'GET RICH SCHEME'.
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS ARE ONLY ADVERTISING EXAMPLES AND NOT INTENDED TO REPRESENT LIVE PERSONS OR HAPPENINGS. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS 'ANTICIPATE', 'ESTIMATE', 'EXPECT', 'PROJECT', 'INTEND', 'PLAN', 'BELIEVE', AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSES, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
38. TERMS. All terms herein apply to all circumstances and are not excluded based on certain products, services or membership affiliations.
39. MODIFICATION OF TERMS OF SERVICES (TOS). Company reserves reserve the right to modify these TOS at any time with no prior notice. Company promptly reflects any such modifications on our website.