AS OF 09/21/2016
AgentMarketing.com’s services include, but are not limited to:
any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers’ account (including all billing data and the space on the particular Web server that AgentMarketing.com provides to customers); any use by customers, or any access provided to customers by AgentMarketing.com, of computing, telecommunications, software, information, hardware, and equipment; any act, or provision of any service, by AgentMarketing.com to customers, related to web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not; any provision by AgentMarketing.com to customers, of any space, Internet connectivity, or electrical power; any access or use related to the AgentMarketing.com’s web site, including the web site itself; any other service mentioned in the TOU; any other service provided by AgentMarketing.com to customers, whether used or not; any other AgentMarketing.com services that are used by customers, whether offered or provided by AgentMarketing.com to customers.
Ownership of Web Site:
The legal owner of customers’ web sites and accounts with AgentMarketing.com will be the individual or organization whose name is listed in AgentMarketing.com’s database as the owner or more importantly, the name on the Credit Card if the account is a monthly account. Customers will fully cooperate with and abide by any and all of AgentMarketing.com’s security measures and procedures in the event of any dispute over ownership of customers’ web sites and accounts with AgentMarketing.com.
AgentMarketing.com servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing AgentMarketing.com services, all AgentMarketing.com customers certify that they and/or the organization they represent in procuring services from AgentMarketing.com are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to AgentMarketing.com’s customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a AgentMarketing.com server, and selling or distributing software (on a web site residing on a AgentMarketing.com server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. AgentMarketing.com reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse:
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities:
Use of AgentMarketing.com’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use AgentMarketing.com’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All AgentMarketing.com customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a AgentMarketing.com customer (per the DMCA) to AgentMarketing.com must follow the below procedures. Copyright infringement notifications submitted to AgentMarketing.com according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at AgentMarketing.com’s sole discretion.
DMCA Copyright Infringement Notification Requirements: Signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”). Identification of the copyrighted work(s) claimed to have been infringed. Identification of the material claimed to infringe the copyright(s), and enough information for AgentMarketing.com to locate it including URLs and specific descriptions of the infringing material at each URL. The Claimant’s name, address, and telephone number(s). A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
AgentMarketing.com is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, AgentMarketing.com urges its customers to assume that all of their on-line communications are insecure. AgentMarketing.com cannot take any responsibility for the security of information transmitted over AgentMarketing.com’s facilities. Additional details on privacy and AgentMarketing.com’s use of customer information can be found in AgentMarketing.com’s Privacy Statement located at https://agentmarketing.com/privacy
Customers are required to use the AgentMarketing.com network responsibly. This includes respecting the other customers of AgentMarketing.com. AgentMarketing.com reserves the right to suspend and/or cancel service with any customer who uses the AgentMarketing.com network in such a way that adversely affects other AgentMarketing.com customers. While AgentMarketing.com may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, AgentMarketing.com does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOU. However, when AgentMarketing.com becomes aware of any violation of the TOU or other user agreements, AgentMarketing.com may take any action to stop or correct such violation, including, but not limited to, denying access to AgentMarketing.com’s services and equipment or to the Internet. In addition, AgentMarketing.com may take action against a customer or a customer of such customer because of the activities of such customer. AgentMarketing.com anticipates that customers who offer Internet services will cooperate with AgentMarketing.com in any corrective or preventive action that AgentMarketing.com deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of AgentMarketing.com policy and AgentMarketing.com reserves the right to take any such action even though such action may affect other customers of the AgentMarketing.com customer.
Short Code Use:
Actions Taken by AgentMarketing.com:
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. AgentMarketing.com will be the sole arbiter as to what constitutes a violation of the TOU. AgentMarketing.com reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When AgentMarketing.com becomes aware of an alleged violation of its TOU, AgentMarketing.com will initiate an investigation. During the investigation, AgentMarketing.com may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, AgentMarketing.com may, at its sole discretion, restrict, suspend, or terminate a customer’s web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, AgentMarketing.com will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. AgentMarketing.com does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by AgentMarketing.com.
AgentMarketing.com customers agree to protect, defend, hold harmless, and indemnify AgentMarketing.com, any third party entity related to AgentMarketing.com (including, without limitation, third party vendors), and AgentMarketing.com’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as AgentMarketing.com, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of AgentMarketing.com’s services.
The AgentMarketing.com service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. AgentMarketing.com expressly disclaims any representation or warranty that the AgentMarketing.com service will be error-free, secure or uninterrupted. No oral advice or written information given by AgentMarketing.com, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. AgentMarketing.com and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency:
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, AgentMarketing.com may immediately terminate provision of AgentMarketing.com’s services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against AgentMarketing.com in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL AgentMarketing.com (INCLUDING, WITHOUT LIMITATION, AgentMarketing.com’s EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS AgentMarketing.com, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING AgentMarketing.com’s SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE SINCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR AgentMarketing.com SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY AgentMarketing.com SERVICES EVEN IF AgentMarketing.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AgentMarketing.com’s TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR AgentMarketing.com’s SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY AgentMarketing.com OR AgentMarketing.com’s REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
AgentMarketing.com may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with AgentMarketing.com’s services. Certain changes to AgentMarketing.com’s services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and AgentMarketing.com is not liable, for any and all such personalized applications and content, except as expressly agreed to by AgentMarketing.com.
Backup of Data
Except where AgentMarketing.com has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and AgentMarketing.com is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with AgentMarketing.com services.
AgentMarketing.com may conduct weekly maintenance windows during which time any or all of AgentMarketing.com’s services may be unavailable. AgentMarketing.com also reserves the right to conduct emergency maintenance windows at any time and without warning, during which time any or all of AgentMarketing.com’s services may be unavailable.
Systems and Networks Information
AgentMarketing.com makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, or validity of the data and/or information available. Use of information obtained from or through AgentMarketing.com is at the sole risk of Customer. The data or information available through the interconnecting networks may not be accurate, and AgentMarketing.com has no ability or authority over the data or information. AgentMarketing.com makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, or validity of the data or information residing on or passing through the internconnecting networks. Use of data or information obtained from or through AgentMarketing.com’s services is at the sole risk of each customer.
Third Party Licenses
AgentMarketing.com makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, AgentMarketing.com makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, AgentMarketing.com specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold AgentMarketing.com liable in any way for the revocation of any license, which has been licensed to AgentMarketing.com. The use of the Technologies obtained from or through AgentMarketing.com, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Any mention of non-AgentMarketing.com products by AgentMarketing.com, its employees, or any third party entity related to AgentMarketing.com is for information purposes only and does not constitute an endorsement or recommendation by AgentMarketing.com. AgentMarketing.com disclaims any and all liabilities for any representation or warranty made by the vendors of such non-AgentMarketing.com products or services.
AgentMarketing.com’s Intellectual Property
Customers will not, without AgentMarketing.com’s express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on AgentMarketing.com’s web site, and customers will not use any of AgentMarketing.com’s trademarks, service marks, copyrighted materials, or other intellectual property without AgentMarketing.com’s express written consent. Customers will not, in any way, misrepresent their relationship with AgentMarketing.com, attempt to pass themselves off as AgentMarketing.com, or claim that customers are AgentMarketing.com.
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for AgentMarketing.com’s services, either in whole or in part, without the prior written consent of AgentMarketing.com.
Minimum Age Requirement
AgentMarketing.com customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the TOU in order for the Minor to become a AgentMarketing.com customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for AgentMarketing.com services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains AgentMarketing.com’s express written consent to the contrary. Any acceptance of the TOU or any other agreement for AgentMarketing.com’s services will be deemed null and void to the extent that AgentMarketing.com will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of AgentMarketing.com’s services.
Governing Law and Severability
The TOU, and any other agreement for AgentMarketing.com services, will be governed by and construed in accordance with the laws of the State of California, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and AgentMarketing.com will take place in California, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other AgentMarketing.com agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
AgentMarketing.com will not be liable for delays in its performance of the TOU or AgentMarketing.com services caused by circumstances beyond AgentMarketing.com’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). AgentMarketing.com will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due. Waiver and Amendment : Any waiver, modification, or amendment of any provision of the TOU or other agreement for AgentMarketing.com services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of AgentMarketing.com.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between AgentMarketing.com and its customers. Each of AgentMarketing.com and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for AgentMarketing.com services, constitutes the complete understanding and agreement between AgentMarketing.com and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of AgentMarketing.com, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for AgentMarketing.com services is between AgentMarketing.com and its customers only and will not confer any rights in any third party except as otherwise expressly provided by AgentMarketing.com.
Unlimited accounts here at AgentMarketing.com are for PERSONAL (single user) only, no corporate or team usage is permitted. A personal single user account is defined as an account having a personal head shot and the persons legal name displayed. Accounts without a personal head shot and/or a persons name may be reclassified as a “corporate or team” account which does not qualify for unlimited usage and will revert to minimum pricing with the $1 per property usage fees. Agentmarketing.com reserves the right to reclassify any account to “corporate or team” if it deems it as being used in a non-personal way.
B. AgentMarketing.com Customer Billing Policy
All charges are shown in US Dollars. AgentMarketing.com only accepts payments with credit cards: VISA, MasterCard, American Express and Discover.
All payments are due at the time service is, or is to be rendered. If you provide AgentMarketing.com your credit card information, you authorize AgentMarketing.com to charge your credit or debit card for charges that apply to your account. AgentMarketing.com does not mail paper invoices or statements. Statements can be requested via email, and we will reply with a statement via email.
AgentMarketing.com reserves the right to cancel any account, at any time, without notice, for any reason AgentMarketing.com considers appropriate.
All monthly recurring memberships will automatically renew until it is canceled. In order to cancel a monthly recurring account, login to your account and Search the FAQ’s for exact click by click instructions as they change from time to time. Account cancellations can be performed online at anytime. You may call or send an eMail stating you would like your service canceled, and YOU MUST include your LoginID and your Password to prove you are the owner of this account. All cancellations will receive a cancellation confirmation… if you DO NOT receive this confirmation, your account IS NOT considered canceled. Please be aware that there are no pro-rated refunds after the first 30 days of service.
Cancellation requests must be received by AgentMarketing.com 30 days in advance to cancel your monthly billing. However, we will not bill your account again after you have requested the cancellation. Cancellations become effective on the day processed by AgentMarketing.com. AgentMarketing.com will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact AgentMarketing.com as soon as possible.
When a sponsor type account is canceled or suspended, all “sponsored” accounts under said sponsor account will be reset as their own pay-per-site account and will receive an email from AgentMarketing.com.com informing each user the new status of their account.
If you miss your billing date, and the system bills you for the upcoming month before you get the chance to cancel with us, there is no refund of this billed amount. Please be aware of your regularly scheduled billing date so that you can cancel in advance of that date as needed.
AgentMarketing.com does not monitor, and will not automatically cancel, plans for problems related to non-usage, Internic, your ISP, or any other secondary issues not directly related to AgentMarketing.com’s services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. AgentMarketing.com reserves the right to cancel any account, at any time, without notice, for any reason AgentMarketing.com considers appropriate.
AgentMarketing.com’s policies and prices are subject to change without notice. Any price changes become effective immediately.