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Automatic
Website Traffic
Guaranteed to
Increase Your Website Ranking & Popularity
TERMS AND CONDITIONS PERTAINING TO:
ONLINE MARKETING
THESE ARE THE TERMS AND CONDITIONS (“Agreement”0
APPLICABLE TO THE PURCHASE AND SALE OF ONLINE MARKETING RELATED SERVICES BETWEEN
YOU (“Customer”, “you” or “your”) AND Zowes.COM. (“Zowes”, “us” “we”
or “our”). IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOTIFY Zowes WITHIN THREE (3) DAYS OF YOUR ORDER DATE,
AND THE SERVICES WILL BE CANCELED, A REFUND OF ANY FUNDS ALREADY PAID WILL BE
ISSUED, AND THERE WILL BE NO FURTHER OBLIGATIONS BY EITHER PARTY. FAILURE TO
NOTIFY Zowes OF CANCELLATION WITHIN SUCH PERIOD SHALL BE DEEMED TO
INDICATE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AND AGREE
TO BE BOUND BY THEM.
IN ADDITION, THE CUSTOMER MAY ELECT TO PURCHASE ADDITIONAL SERVICES FROM
Zowes, OR THEIR PARTNERS AND/OR OTHER THIRD PARTIES, WHICH HAVE THEIR OWN
TERMS AND CONDITIONS AGREEMENTS AND ACCEPTABLE USE AGREEMENTS, ASIDE FROM THIS
AGREEMENT. THOSE AGREEMENTS WILL BE PRESENTED TO THE CUSTOMER AT THE TIME OF
PURCHASE AND/OR ACCOUNT LOGIN, AND IT IS THE CUSTOMERS' OBLIGATION TO REVIEW,
ACCEPT AND ABIDE BY THOSE AGREEMENTS AS WELL AS THIS AGREEMENT. TERMS AND
CONDITIONS FOR ALL OF OUR SERVICES CAN BE FOUND ON:
Zowes reserves the right to change or modify any of the terms and
conditions contained in this Agreement at any time and from time to time in its
sole discretion, and to determine whether and when any such changes apply to
both existing or future customers. Zowes may make changes or modifications
to referenced policies and guidelines without notice to you. Your continued use
of the Services following Zowes' posting of any changes or modifications
will constitute your acceptance of such changes or modifications.
1.
Zowes
will provide Customer with Online Marketing and Internet Promotional Services
(the "Services") including, but not limited to, Search Engine Submissions,
Display Advertisements, Pay Per Click
Advertising, Auto Traffic Exchange and Reciprocal Links. These
services are more fully described on the Web page www.Zowes.com.
Customer hereby grants to Zowes and its subcontractors the necessary
rights and licenses with respect to such Services to carry out obligations under
this Agreement
2.
Depending on the method of sale, Zowes shall provide Customer with
Services at the prices designated on the Order Confirmation Letter. All set up,
monthly, and annual fees are non-refundable and the Customer is obligated to pay
for the full amount of the Agreement, even if such full amount is scheduled to
be paid in monthly installments. If Customer elects to pay for the Services in
monthly installments, all monthly installments must be received on or before the
applicable due date. Should any monthly or annual fee payments become
delinquent, Zowes may suspend or cancel the Services, including removal of
Customer’s Services; however charges will continue to accrue in accordance with
the Term and prices of this Agreement. Zowes may bill an additional charge
to reinstate a suspended Customer account. Upon reinstatement of a suspended
Customer account, Zowes does not warrant or guarantee that the Customer’s
Services will be re-established in the same or comparable position as Customer
may have had prior to suspension. If Zowes provides any Service discount
to Customer and Customer defaults on its payments or obligations as outlined
herein, Zowes may rescind all discounts and require full payment for the
Services. Zowes reserves the right to refer any amounts owed hereunder to
a third party for collection in the event of ongoing default.
3.
Payment for Services will be made via a charge to the Customer's credit card or
bank account ("Account"). If Customer exceeds stated limits for any part of the
Services, additional fees may apply based on posted rates. Customer understands
that except as specifically provided herein, any fees or monthly charges are
nonrefundable. By submitting your order for processing, you authorize us to
charge your order (including taxes and any amounts shown to you before
submission) to your Account. If your Account cannot be verified, is invalid, or
is not otherwise acceptable, your order will be suspended automatically. You
will also be liable for all attorney and collection fees arising from
Zowes' efforts to collect any unpaid balance of your Zowes fees.
4.
Positioning of Services on any page is at the sole discretion of Zowes’
Service Partners. Any Zowes Service Partner may, at its sole discretion,
remove from the insertion order (and substitute with similar inventory) any
keyword or category page that it believes to be a trademark, trade name, company
name, product name or brand name belonging to or claimed by a third party.
Zowes shall be responsible for informing the customer of such actions by
any Zowes Service Partner.
5.
Zowes and its Service Partners make no guarantees with respect to usage
statistics or levels of impressions for any Services provided. Customer
acknowledges that delivery statistics provided by Zowes’ Service Partners
are the official, definitive measurements of such Service Partners’ performance
on any delivery obligations.
6.
All
phone numbers associated with the Toll Free Number Tracking Service are acquired
by Zowes or its Service Partners on behalf of Customer and as such, are
registered to and are controlled exclusively by Zowes. Customer
acknowledges that they have no claim of ownership or claim of use as it relates
to each phone number.
7.
All
contents are subject to the approval of Zowes and its Service Partners.
Zowes and it’s Service Partners reserve the right to reject or cancel any
advertisement, insertion order, URL link, space reservation, position commitment
or any element thereof, at any time, for any reason whatsoever in its sole
discretion (including belief by Zowes or its Service Partners that
placement of advertisement, URL link, etc., may subject Zowes or its
Service Partners to criminal or civil liability). Customer hereby grants to
Zowes and its Service Partners a non-exclusive, worldwide, fully paid
license to use, reproduce and display any advertisement (and the contents,
trademarks and brand features contained therein) in accordance herewith. During
the term of this Agreement, it is the responsibility of Customer to inform
Zowes in writing of any changes in the address, telephone number or URL of
Customer and any other information that is material to the Services. As between
Customer and Zowes, all materials, information, and other content provided
by Customer to Zowes for fulfillment of Services shall remain the sole and
exclusive property of Customer. However, all rights pertaining to any
advertisement created by Zowes, whether now or hereafter existing, are
reserved by Zowes.
8.
Customer represents to Zowes that: a.) All materials provided by Customer
to Zowes and its Service Partners comply with all applicable federal,
state, and local laws, regulations and rules; b.) No materials provided by
Customer to Zowes or its Service Partners violate or infringe upon any
rights of third parties, including, without limitation, trade names, trademarks,
copyrights, patents, rights of privacy, or contractual rights; c.) Customer will
use the Zowes provided Services for lawful purposes only, and will not
violate or infringe upon rights of others, or use the Services in a manner which
is threatening, abusive, defamatory, invasive of public or private rights,
vulgar, obscene or otherwise objectionable or which encourages or facilitates
criminal or illegal conduct; and d.) Customer is at least eighteen years old.
Zowes reserves the right to reject any content that it deems to be in
violation of this section, or which is otherwise objectionable.
9.
This
Agreement involves the sale of services and not the sale of goods. Zowes
makes no Warranty that its Service Partners will continue to operate the
applicable Service offering or that access to Zowes hosting servers will
be accessible without interruption or error. Zowes and its Service
Partners do not guarantee or warrant any sales results in connection with the
Services purchased. Reasonable care is taken to ensure that online marketing is
accurate, although Zowes does not guarantee 100% accuracy. EXCEPT AS
EXPRESSLY STATED HEREIN, CUSTOMER'S USE OF THE SERVICE IS AT ITS OWN RISK AND
Zowes DISCLAIMS ANY AND ALL WARRANTIES TO CUSTOMER, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM
A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Zowes DOES NOT WARRANT THAT
THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
Zowes’ entire liability and Customer’s exclusive remedy against
Zowes for any failure of service under this Agreement, or the performance
or non-performance of any obligation under this Agreement, shall be limited to a
refund of the amounts paid to Zowes during the period of time that the
services contracted for were interrupted or not provided properly or
continuously. Zowes disclaims and shall not be liable for any other loss,
injury, cost or damage suffered by Customer and shall in no event be liable for
consequential, special or incidental damages, including lost profits, loss of
use, claims of third parties, or other losses of any kind.
10.
In
the event that Zowes or its Service Partners (i) fail to publish an
advertisement in accordance with the schedule provided in the Insertion Order,
(ii) fail to deliver the guaranteed pay per click advertising within the
specified time frame, (iii) fail to deliver the number of total page views
specified in the Order Form (if any) by the end of the specified period, or (iv)
of any other failure, technical or otherwise, of such advertisement to appear as
provided in the Order Form, the sole liability of Zowes and its Service
Partners to Customer shall be limited to, at the sole discretion of Zowes
and/or its Service Partners, (i) a pro rata refund of the advertising fee
representing undelivered page views, (ii) rollover of the guaranteed pay per
click advertising into a subsequent time frame, (iii) placement of the
advertisement at a later time in a comparable position, or (iv) extension of the
term of the Insertion Order until total page views are delivered. In no event
shall Zowes or its Service Partners be responsible for any consequential,
special, punitive or other damages, including, without limitation, lost revenue
or profits, in any way arising out of or related to the services designated in
the Order Form, Terms and Conditions or publication of the advertisement, even
if Zowes or its Service Partners have been advised of the possibility of
such damages. Without limiting the foregoing, Zowes and its Service
Partners shall have no liability for any failure or delay resulting from any
governmental action, fire, flood, insurrection, earthquake, power failure, riot,
explosion, embargo, strikes whether legal or illegal, labor or material
shortage, transportation interruption of any kind, work slowdown or any other
condition beyond the control of Zowes or its Service Partners affecting
production or delivery in any manner.
11.
Customer agrees to defend, indemnify and hold harmless Zowes’ officers,
directors, employees, agents, and affiliates from, against and in respect of: (i)
any and all losses, damages or deficiencies resulting from any third party claim
against Zowes in connection with Services rendered hereunder and (ii) all
costs and expenses incident to any and all actions, suits, proceedings, claims,
demands, assessments or judgments in respect thereof regardless of the merit
thereof, including Zowes’ reasonable legal fees and expenses (whether
incident to the foregoing or to Zowes’ enforcement of said rights of
defense and indemnity).
12.
Advertisements or other promotional materials/content are accepted by
Zowes and its Service Partners upon the representation that Customer has
the right to publish the contents of the advertisement or promotional
materials/content without infringing the rights of any third party and without
violating any law. In consideration of such publication, Customer agrees, at its
own expense, to indemnify, defend and hold harmless Zowes and its Service
Partners, and its employees, representatives, agents and affiliates, against any
and all expenses and losses of any kind (including reasonable attorneys' fees
and costs) incurred by Zowes and its Service Partners in connection with
any claims, administrative proceedings or criminal investigations of any kind
arising out of publication of the advertisement and/or any material, product or
service of Customer to which users can link through the advertisement or
promotional materials/content (including without limitation, any claim of
trademark or copyright infringement, defamation, breach of confidentiality,
privacy violation, false or deceptive advertising or sales practices).
13.
Depending on the method of acceptance, the Term of this Agreement shall commence
upon either 1.) The recorded order verification, 2.) The date Customer’s
signature appears on the Customer Services Agreement, 3.) The date Customer’s
signature appears on the Order Form, or 4.) The date verbal authorization is
communicated by Customer to a Zowes authorized representative and such
authorization is duly noted in the Customer’s service record, and shall continue
for the period specified therein. Any renewal of this Agreement and acceptance
of any Services order shall be at Zowes’ or its Service Partners’ sole
discretion. Pricing for any renewal period is subject to change by Zowes
or its Service Partners from time to time. Zowes may terminate this
Agreement at any time for any reason whatsoever upon fifteen (15) days prior
written notice to Customer. Additionally, Zowes reserves the right to
suspend or terminate Services immediately with or without notice to Customer if
Zowes determines, in its sole discretion, that Customer has failed to
comply with its payment obligations as set forth in this Agreement or if
Zowes determines Customer is utilizing the Services in a manner that is
unlawful, illegal, or infringing upon the rights of third parties. Furthermore,
Customer agrees to abide by any applicable rules, regulations and/or Acceptable
Use standards of Zowes and the Zowes Service Partners that may be
applicable to the Services from time to time in the future.
14.
This
Agreement shall be governed by the laws of the State of Florida, without giving
effect to principles of conflict of laws contained herein. Customer agrees that
any judicial proceeding for the breach of or enforcement at law or equity of
this Agreement or any provision hereof shall be instituted only in a federal or
state court of competent jurisdiction in the city of Fort Lauderdale and the
State of Florida, and Customer consents to the jurisdiction of such court, and
waives the right to challenge the jurisdiction of such court on grounds of lack
of personal jurisdiction or to seek a change of venue. This Agreement
constitutes the entire agreement of the parties relative to its subject matter,
and shall not be waived, modified, or supplemented in whole or in part by
Zowes except in a writing signed by Zowes or posted by Zowes.
If any provision of this Agreement is held invalid or unenforceable by any court
of competent jurisdiction, the remaining provisions shall continue in full force
and effect.
15.
Customer acknowledges that Customer has read this Agreement, understands it and
agrees to be bound by its terms and conditions. If an agent or representative of
Customer executes this Agreement on behalf of the Customer, the agent or
representative represents that he/she has full authority to enter this Agreement
on behalf of Customer, and the undersigned agent or representative hereby
personally guarantees any payment or performance obligations of Customer as
outlined herein. In the event that written execution of this Agreement is
required by Zowes, Customer agrees that faxed copies of this Agreement
containing the written dates and signatures of the parties shall be deemed as
original copies.
Terms
and conditions
summary
- Your site(s)
doesn't have any
popup windows
- Your site(s)
doesn't have any
message boxes
- Your site(s)
doesn't have
inappropriate
content, war games
or adult material
- Your site(s)
doesn't use music,
sound or speaking
- Your site(s)
doesn't break out of
frames
- Your site(s)
doesn't use site
rotation
- Your site(s)
doesn't use URL or
domain forwarding
- Your account will
be deleted if not
used for 180 days
- Your account will
be deleted if we can
not send you e-mails
- You are not
allowed to have more
than one (1) account
- Zowes.com
can disable your site(s) or account
if we think they
give the system any
problems
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