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User Agreement
This Agreement will govern your purchase and use of any Ebizpromo Services (collectively called "Plan(s)" , your account will also be referred to as your "Plan(s)"), ordered by you and accepted by Ebizpromo and explains the terms and conditions that apply to your purchase and the use of the Plan(s). It is required that you register and accept this terms and conditions in order to use the Plan(s). By clicking the checkbox next to the text that reads "I have read, understood and accept the Terms and Agreement" (also known as Acceptance Checkbox) you acknowledge that you have read this agreement and agree to be bound by the terms and conditions contained on this document as well as all policies and guidelines incorporated by reference. You agree that the act of submitting your order form online is equivalent to your signature. You agree that all the information you submit online is true and correct to the best of your knowledge.
Disagreement:
If you do not agree to the terms of this document, or any of Ebizpromo's terms, policies or guidelines, do not check the Acceptance Checkbox and your Plan(s) will not be created. If you do not agree to the terms of any modification to ANY Ebizpromo document, immediately notify Ebizpromo of your termination of this agreement, thereby terminating your Plan(s) with Ebizpromo Modification Agreement. Ebizpromo reserves the right to change or modify any of the terms and conditions contained on this document and any policy or guideline incorporated by reference at any time. From time to time it is at Ebizpromo reserves, in it's sole discretion, the right to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting to Ebizpromo's web site Ebizpromo will only post a notice of any revisions or changes to this document for thirty 30 days in the Control Panel of Ebizpromo's web site Ebizpromo may change or modify ANY policies or guidelines without notice to you. Your continued use of Ebizpromo's Plan(s) will be the reflection of your cooperation and acceptance of any changes or modifications.
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The Acceptable Use Policy (AUP):
Under this Agreement, Customer shall comply with Ebizpromo's then current Acceptable Use Policy ("AUP"), as amended, modified or updated from time to time by Ebizpromo, which currently can be viewed under the terms of serive section of this web site, and which is incorporated in this Agreement by reference. Customer hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. Ebizpromo does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by Customer via the Service (the "Customer Content"). Customer Content includes content of Customer's customers and/or users of Customer's website. Accordingly, under this Agreement, you will be responsible for your customers content and activities on your website. Notwithstanding anything to the contrary contained in this Agreement, Ebizpromo may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the AUP. In the event Ebizpromo takes corrective action due to a violation of the AUP, Ebizpromo shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that Ebizpromo shall have no liability to Customer or any of Customer's customers due to any corrective action that Ebizpromo may take (including, without limitation, Termination of Services).
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Term:
The Term of this Agreement shall be as set forth in the Order Form (the "Term"). The Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE Ebizpromo TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".
Payment:
All charges for your Plan(s) must be paid in advance according to the most current price or your previously locked in price of the Plan(s). Upon registration, you must pay for your Plan(s) by credit card or personal check. Upon paying for your Plan(s), you thereby grant permission to Ebizpromo to charge any fees in accordance with your Plan(s). If you choose to pay by check, you authorize Ebizpromo to automatically transfer money from your checking account, without invoice, via the transit and routing numbers you will supply or have supplied in the order form. If you pay by credit card, you must notify Ebizpromo of any changes (including, but not limited to the, number, expiration, cancellation of your card, and your billing address) to your card that may prevent Ebizpromo from billing you. Check and money orders can be sent on a as needed basis, worked out with a Billing Manager.
Late Payment:
If payment is not collected by the date due, your account will be suspended, until payment is received in full. It shall be the client’s sole responsibility to assure payment is received in full and on time. If an account is suspended for insufficient payment, the client shall be responsible for contacting Ebizpromo and arranging alternate payment. Ebizpromo maintains the right to terminate Plan(s) for any unpaid invoices. Accounts in default are subject to an interest charge of 2.5% per month on the outstanding balance. Termination of Service shall not relieve Customer from the obligation to satisfy outstanding invoices. In the event Ebizpromo utilizes an attorney and/or collection agency to collect any unpaid amounts, Customer shall be responsible for the payment of all of Ebizpromo's attorneys' fees, collection agency fees, and all costs in the collection of these sums.
30 Day Money Back Guarantee:
Each of Ebizpromo's hosting & reseller plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration; dedicated servers; account upgrades; and overage fees.
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Credit Card Disputes/Chargebacks:
Ebizpromo has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine and immediate account termination at Ebizpromo's discretion. A additional charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback. In the event Ebizpromo utilizes an attorney and/or collection agency to collect any unpaid amounts, Customer shall be responsible for the payment of all of Ebizpromo's attorneys' fees, collection agency fees, and other costs in the collection.
Termination Policy, Procedures & Instructions:
To terminate (also know as "cancel") your Plan(s), you must follow these instructions. Any other forms of termination will not be acceptable. You must provide Ebizpromo with notice of a termination at least seven (7) days before the end of the Term by filling out the Account Termination Form at https://Ebizpromo/TerminateAccount.html. Any attempts to cancel by telephone, email, live chat, or our ticket system will be rejected and billing will continue until these instructions have been followed.
Liabilities and Obligations on Termination:
If the Agreement expires or is terminated for any reason, Ebizpromo is not liable to you because of such an expiration or termination for compensation or reimbursement on Plan(s) of the loss of prospective profits, anticipated sales, goodwill or on Plan(s) of any investment, relation to, or association with your business or for any other reason resulting from your termination or expiration. Any termination of this Agreement will not deem you exempt from past due invoices or fees that have acquired prior to the termination of this Agreement owed by you to Ebizpromo as provided in this Agreement.
Refunds:
Refunds are only available in accordance with the 30 Day Money Back Guarantee. 30 Day Money Back Guarantee refunds will be provided in the same payment method of the original payment. THERE ARE NO REFUNDS OFFERED, OR PROMISED AFTER 30 DAYS.
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Knowledge Requirement:
Use of the Plan(s) requires a certain amount of knowledge in the use of Internet Programming Languages, protocols and software, etc... This knowledge will vary depending on the usage and content level of your web site You or your webmaster must have the knowledge necessary to maintain your web site, as it is not Ebizpromo's responsibility to advise, teach, supply or provide any such knowledge or customer support outside of the Plan(s) agreed to you by Ebizpromo.
Onwership of Website:
The legal owner of customers' Web sites and accounts with Ebizpromo will be the individual or organization whose name is listed in Ebizpromo's database as the owner. Customers will fully cooperate with and abide by any and all of Ebizpromo's security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with Ebizpromo.
Internet Protocol (IP) Address Ownership:
If Ebizpromo assigns Customer an Internet Protocol ("IP") address for Customer's use, the right to use that IP address shall belong only to Ebizpromo, and Customer shall have no right to use that IP address except as permitted by Ebizpromo in its sole and absolute discretion in connection with the Services, during the term of this Agreement. Ebizpromo shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Ebizpromo, and Ebizpromo reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
User Agreement Violations:
Failure to follow Ebizpromo's Agreement, policies, guidelines (collectively called "Conditions") will result in cancellation of your Plan(s). Ebizpromo will be the sole arbiter as to what constitutes a violation of the Conditions. Ebizpromo reserves the right to remove any Plan(s) without prior notice. Ebizpromo may investigate any reported violation of the Conditions or any complaints and take any action that it deems appropriate and reasonable to protect its service, systems, facilities, and/or third parties.
Actions Taken by Ebizpromo:
The failure by a customer to meet or follow any of the User Agreement is grounds for account deactivation. Ebizpromo will be the sole arbiter as to what constitutes a violation of the User Agreement. Ebizpromo reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Ebizpromo becomes aware of an alleged violation of its User Agreement, Ebizpromo will initiate an investigation. During the investigation, Ebizpromo may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Ebizpromo 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, Ebizpromo will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the User Agreement if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Ebizpromo does not issue credits for outages incurred through service disablement resulting from User Agreement 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 Ebizpromo.
Employee Solicitation:
You agree NOT to approach Ebizpromo's employees with proposal to hire them as his own employees or contractors. If you were to hire any of Ebizpromo's employees, you agree to pay Ebizpromo for each employee the greater amount of three year's salary for that employee or $300,000.
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