Terms and Privacy Policy
Websitepromoters.com – Universal Terms of Service Agreement.
This Agreement (“Agreement”) is by, and between Website Promoters LLC, you, your heirs, agents, successors and assignees, and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of your use of Websitepromoters.com (Website Promoters LLC) software and services, and explains (Website Promoters LLC) obligations to you. This agreement also explains your obligations to (Website Promoters LLC) in relation to the Software and Services You purchase. This Agreement as well as any additional Websitepromoters.com (Website Promoters LLC) policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and (Website Promoters LLC) concerning Your use of Websitepromoters.com (Website Promoters LLC) Software and Services, and supersede and govern all prior proposals, agreements, or other communications. All of Website Promoters LLC policies and agreements specific to particular Software and Service are incorporated herein and made part of this Agreement by reference. By purchasing Hosting or other Services from Website Promoters LLC you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Website Promoters LLC may establish from time to time, and any agreements that Website Promoters LLC is currently bound by or will be bound by in the future. You may view the latest version of this Agreement Online. In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You’ve established with Websitepromoters.com Website Promoters LLC, whether or not the transactions were in Your behalf. You acknowledge that Websitepromoters.com (Website Promoters LLC) acceptance of any application made by you for Services provided by Websitepromoters.com (Website Promoters LLC) will take place at Website Promoters LLC, Yorba Linda, California, United States of America.
1. TERMS OF AGREEMENT.
You agree that Website Promoters LLC may modify this agreement, and the services from time to time. You agree to be bound by any changes Website Promoters LLC may reasonably make to this Agreement when such changes are made. If You have purchased Services or Software from Website Promoters LLC, the term of this Agreement shall continue in full force and effect as long as you take advantage of and use Website Promoters LLC (websitepromoters,com) Software or Services. In the event you terminate your usage, Website Promoters LLC will refund a prorated amount of unused services as determined solely by Website Promoters LLC. You agree that Website Promoters LLC, shall not be bound by any representations made by third parties who you may use to purchase Services from Website Promoters LLC, and that any statement of a general nature, which may be posted on Websitepromoters.com (Website Promoters LLC)’s Web site or contained in Websitepromoters.com (Website Promoters LLC)’s promotional materials, will not bind Websitepromoters.com (Website Promoters LLC). Websitepromoters.com (Website Promoters LLC) may, at times, offer certain promotions with different charges and features.
2. ACCURATE INFORMATION.
You agree to maintain accurate information by providing updates to Websitepromoters.com (Website Promoters LLC), as needed, while you are using Websitepromoters.com (Website Promoters LLC)’s Services. You agree that you will notify Websitepromoters.com (Website Promoters LLC) within ten (10) business days when any change of the information you provided as part of the application and/or registration process. Failure by You, for whatever reason, to respond within ten (10) business days to any inquiries made by Websitepromoters.com (Website Promoters LLC) to determine the validity of information provided by you will constitute a material breach of this Agreement. You agree that Websitepromoters.com (Website Promoters LLC) may use and rely on any such information provided by You for all purposes in connection with Your Services, subject to Websitepromoters.com (Website Promoters LLC) ’s Privacy Policy. If you provide any information that is inaccurate, false, misleading, or if Websitepromoters.com (Website Promoters LLC) has reasonable grounds to suspect that your information is inaccurate, not current, false, misleading or incomplete, Websitepromoters.com (Website Promoters LLC) has the absolute right, in its sole discretion, to terminate its Services and close your account.
3. PRIVACY POLICY.
By using our services you agree that we may use the information we collect in any way which me deem necessary to help us provide our services to you.
Cookies. Your Internet browser has the in-built facility for storing small text files – These files are called “cookies”. These files hold information which allows our website to recognize your account. We use cookies to save your preferences and login information, and to provide personalized functionality. We may use cookies to collect, store, and sometimes track information for statistical purposes to improve the products and services we provide.
Social Media. Our website includes social media features (such as the Facebook “Like” button). These features may collect your IP address and which page you are visiting on our website, and may set a cookie to enable the feature to function properly. Social media features and widgets may be hosted by a third party or directly on our website. Your interactions with these features are governed by the privacy policy of the company providing the feature.
Log Files. We use IP addresses to analyze trends, administer our site and servers, track access, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. However, it is possible that personal information about a customer may be included in the log files due to the normal functions of IP addresses and Web browsing.
Service Providers. Website Promoters LLC (Websitepromoters.com) has Business relationships with various third party suppliers including but not limited to Hostgator.com, GoDaddy.com, WHMCS, and others. We may transfer (or otherwise make available) your personal information to third parties that help us provide our services. For example, we may use service providers to authorize and process payments, administer surveys, or run promotions. Your personal information may be maintained and processed by our third party service providers in the United States or in other jurisdictions. Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information in any way without our written permission.
Online Advertisements. We do not share personally identifiable information about individual customers with advertisers. We may display online advertisements, and we may share aggregated and non-identifying information about our customers that we collect.
Domain Registration. In certain jurisdictions or pursuant to the rules of the Internet Corporation for Assigned Names and Numbers (“ICANN”), contact information you provide to us to register a domain name is made available, and accessible to the public through a “WHOIS” search. This “WHOIS” database is publicly accessible, and contains various information that lists the Domain Name Registration Information for a particular domain name. This information contains various information which includes but is not limited to the domain name’s creation and expiration date, The contact information of the person listed as contact information regarding the domain. The server “ip” address that the server points to is also listed. This Domain Name Registration Information you provide to us, is maintained using third party companies hosted by us, or a third party service provider and is made available to the public through publicly available “WHOIS” information requests.
Websitepromoters.com (Website Promoters LLC) generally will not share your private information with outside third parties, except as needed to provide our services, and as required by law. You will hold Websitepromoters.com (Website Promoters LLC), its Members, Officers and employees and Third party outside suppliers harmless in respect to our requirements to comply with the Laws of the United States and any other entity or jurisdiction.
4. ACCOUNT SECURITY.
You agree, that you are entirely responsible for maintaining the confidentiality of your customer login, password, and any other information associated with your account. You agree you are entirely responsible for any and all activities that occur under Your account. You agree to notify Websitepromoters.com (Website Promoters LLC) immediately of any unauthorized use of your account or any other breach of security. You agree Websitepromoters.com (Website Promoters LLC) will not be liable for any loss that you may incur as a result of someone else using your account access information, either with or without your knowledge. You further agree that you will be held liable for losses incurred by Websitepromoters.com (Website Promoters LLC) or another party due to someone else using your account access information.
5. NO UNLAWFUL CONDUCT OR IMPROPER USE.
As a condition of Your use of Websitepromoters.com (Website Promoters LLC) Services and Software , you agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and you also agree to comply with all applicable local, state, federal and international laws, government rules or requirements. Websitepromoters.com (Website Promoters LLC) reserves the right at all times to disclose any information as Websitepromoters.com (Website Promoters LLC) deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Websitepromoters.com (Website Promoters LLC)’s sole discretion. If you have purchased products or services, Websitepromoters.com (Website Promoters LLC) has no obligation to monitor Your use of the services. Websitepromoters.com (Website Promoters LLC) reserves the right to review your use of the services and to cancel the services in its sole discretion if it feels your account is in violation of any laws or terms of service. Websitepromoters.com (Website Promoters LLC) reserves the right to terminate your access to the services at any time, without notice, for any reason whatsoever if it believes your account has been compromised or used illegally. Except as set forth below, Websitepromoters.com (Website Promoters LLC) may also cancel your use of the services immediately, if you are using the services, as determined by Websitepromoters.com (Website Promoters LLC) in its sole discretion, in association with spam or morally objectionable activities.
6. NO SPAM; LIQUIDATED DAMAGES.
You agree Websitepromoters.com (Website Promoters LLC) may immediately terminate any account if it believes, in its sole discretion, it is transmitting or is otherwise connected with any spam or other unsolicited bulk email. Accounts are not allowed to transmit in excess of 500 outgoing emails per day! If you need to send more than 500 outgoing emails per day, you must contact us, and agree to use and pay for a custom account designed for large email traffic. Attempting to send more than 500 emails per day is considered SPAM on our listed hosting accounts! Additionally, you agree to pay Website Promoters LLC liquidated damages of $2 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account. You also agree that if actual damages can be determined and exceed $2 per each piece of spam you agree to pay Website Promoters LLC’s actual damages. You agree to pay Website Promoters LLC $100.00 if it is required to utilize any of its assets to research any alleged use of Websitepromoters.com (Website Promoters LLC)’s equipment to send spam or unsolicited bulk email. You understand this $100.00 charge is a service charge, and is in addition to any liquidated damages you may be required to pay as a result of Websitepromoters.com (Website Promoters LLC)’s findings. You acknowledge You have read and understand and agree to be bound by the terms and conditions of Websitepromoters.com (Website Promoters LLC)’s Anti-spam Policy, available here. Such terms and conditions are applicable to the use of all Website Promoters LLC Software and Services and are incorporated herein.
7. INTELLECTUAL PROPERTY.
You agree that Websitepromoters.com (Website Promoters LLC) or its licensor holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to you, and you agree to make no claim of interest in any such Services or Software.
8. FEES AND PAYMENT.
As consideration for the Software or Services purchased by you and provided to you by Websitepromoters.com (Website Promoters LLC), you agree to pay Website Promoters LLC when you place the order.
9. Paypal and (Coinbase)Bitcoin.
Pay by PayPal By using Website Promoters LLC’s pay by PayPal, Inc. (“PayPal”) option (“Pay by PayPal”), you can purchase Websitepromoters.com (Website Promoters LLC) Software and Services using PayPal. You agree and understand the Websitepromoters.com (Website Promoters LLC) is not associated with Paypal or its parent company, and that you are responsible for all aspects of your use of the Paypal service. You further agree Websitepromoters.com (Website Promoters LLC) will be held harmless for any loss or damages you may sustain as a result of using the Paypal service.
Pay by (Coinbase)Bitcoin by using Website Promoters LLC’s pay by (Coinbase)Bitcoin. By using the (“Bitcoin”) option (“Pay by Bitcoin”) option, you can purchase Websitepromoters.com (Website Promoters LLC) Software and Services using Bitcoin. You agree and understand the Websitepromoters.com (Website Promoters LLC) is not associated with (Coinbase) or the Bitcoin Foundation, or any other entity which may use, accept, or promote Bitcoin or its parent company, and that you are responsible for all aspects of your use of the (Coinbase) Bitcoin service. You further agree Websitepromoters.com (Website Promoters LLC) will be held harmless for any loss or damages you may sustain as a result of using the (Coinbase) Bitcoin service.
10. DOMAIN NAME REGISTRATION.
You expressly understand that Websitepromoters.com (Website Promoters LLC) does not provide Domain Name registration services directly from this site. Website Promoters LLC operates another Website: http://www.ocwebservices.com which offers automated services to facilitate our customers Domain Names Registration needs. Ocwebservices.com utilizes the services of an outside third party vendor (GoDaddy.Com), for which Website Promoters LLC is an authorized reseller. You understand that any transactions you make through ocwebservices.com are not associated with Website Promoters LLC directly in any way, and you further acknoledge that Website Promoters LLC is not responsible for any problems, errors or losses that may be sustained as a result of their services.
11. LIMITATION OF LIABILITY.
IN NO EVENT SHALL (Website Promoters LLC) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF (Website Promoters LLC) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, Website Promoters LLC’s liability is limited to the full extent permitted by law. You agree that in no event shall Website Promoters LLC’s maximum aggregate liability exceed the total amount paid by you for the particular Software or Service in dispute purchased from Websitepromoters.com (Website Promoters LLC) during the last 12 months..
12. DISCLAIMER OF WARRANTIES.
Websitepromoters.com (Website Promoters LLC) expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Websitepromoter.com (Website Promoters LLC) products and services are provided on an “As Is” and “As Available” basis. Websitepromoters.com (Website Promoters LLC) makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. Websitepromoters.com (Website Promoters LLC) does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their accuracy, reliability, or otherwise. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
13. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless Websitepromoters.com (Website Promoters LLC) and its contractors, agents, employees, officers, directors, Members, and affiliates from any loss, liability, damages or expense, including reasonable attorneys’ fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with Websitepromoters.com (Website Promoters LLC) whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from Websitepromoters.com (Website Promoters LLC) or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold Websitepromoters.com (Website Promoters LLC) harmless from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets. This indemnification is in addition to any indemnification required of you elsewhere in this agreement. Should Websitepromoters.com (Website Promoters LLC) be notified of a pending law suit, or receive notice of the filing of a law suit, Websitepromoters.com (Website Promoters LLC) may seek a written confirmation from you concerning your obligation to indemnify Websitepromoters.com (Website Promoters LLC). Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Websitepromoters.com (Website Promoters LLC) shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Websitepromoters.com (Website Promoters LLC) of any such claim promptly in writing and to allow Websitepromoters.com (Website Promoters LLC) to control the proceedings. You agree to cooperate fully with Websitepromoters.com (Website Promoters LLC) during such proceedings. You agree you will not be entitled to a refund of any fees paid to Websitepromoters.com (Website Promoters LLC) if, for any reason, Websitepromoters.com (Website Promoters LLC) takes corrective action with respect to your improper or illegal use of its services. You also agree that if Websitepromoters.com (Website Promoters LLC) is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding an account of yours with Websitepromoters.com (Website Promoters LLC) , that Websitepromoters.com (Website Promoters LLC) , in its sole discretion, may take whatever action Websitepromoters.com (Website Promoters LLC) deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
14. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
This agreement shall be deemed entered into in the State of California, United States of America. You agree that the laws and judicial decisions of Orange County, California, and the United States of America shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to, or arising out of this Agreement shall be brought in the courts of Orange County, California, United States of America. You specifically agree to waive the right to trial by jury in any proceeding that takes place relating to, or arising out of this Agreement. You also agree that all disputes that cannot be resolved through negotiation, will be submitted to “Binding Arbitration” in Orange County, California, The United States of America. You agree that each party to any “Binding Arbitration” will pay their own fee’s.
15. NOTICES.
You agree that all notices (except for notices concerning breach of this Agreement) from Websitepromoters.com (Website Promoters LLC) to you may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address you have on file with Websitepromoters.com (Website Promoters LLC). In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to Websitepromoters.com (Website Promoters LLC) shall be made either by email, sent to the address provided on the websitepromoters.com (Website Promoters LLC) Web site, or first class mail to Website Promoters LLC’s address at: Website Promoters LLC, Attn: Legal Counsel, 650 N. Rose Drive #332, Placentia, CA 92870
16. ENTIRE AGREEMENT.
You agree that this Agreement including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement between You and Websitepromoters.com (Website Promoters LLC) regarding the Services contemplated herein.
17. WAIVER.
The failure of Websitepromoters.com (Website Promoters LLC) to enforce any of the provisions within this Agreement or its incorporated agreements and policies against you or others shall not be construed to be a waiver of the right of Websitepromoters.com (Website Promoters LLC) thereafter to enforce such provisions.
18. FORCE MAJEURE.
Websitepromoters.com (Website Promoters LLC) will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Websitepromoters.com (Website Promoters LLC) liable for any of the consequences of such interruptions.