GetACustomSite.com
 

Terms of Use

TERMS OF USE

GetACustomSite.com

We want your experience at GetACustomSite.com ("GACS") to be as pleasant and rewarding as possible. With all good things, however, come responsibilities, both on the part of GACS, and on the part of the customer or visitor to the GACS website.

Your use of our site indicates that you agree to all of the terms and conditions set forth below. We use plain English instead of "wherefores and whereases" so that we can be sure there are no misunderstandings. If you don't fully understand these terms and conditions, don't use the site until you do. If you use the site, we will conclusively presume that you have had them explained to you by someone who does or have come to understand them in some other way.
  1. Ownership
GACS is wholly owned and operated by InfoMarvel Business Solutions, Inc. ("InfoMarvel"). For the purposes of these Terms and Conditions, GACS is intended to mean and include InfoMarvel, and vice versa.

2. Privacy

Our responsibility: GACS takes its customers' privacy very seriously. Unless the law requires otherwise, any private information that you give us remains with us, period. We will not sell, rent, loan or otherwise allow any unaffiliated parties to use any of our customer information. Moreover, we consider our customer information to be uniquely our own, and will defend against anyone who tries to use it without proper authorization or for improper purposes.

Your responsibility: If you use the site, you promise to maintain the confidentiality of the information you provide us, including your user name and password, and to restrict access to your computer for this purpose. GACS cannot be responsible for any activities that are done in your name due to no fault of GACS. Also, you promise to honestly tell us your age when you give us any of your personal information, because we are prohibited by law from collecting personal information from anyone who is under fourteen years of age.

3. Fees and Payments

All fees are payable in US dollars, and will only be accepted via PayPal. You may pay with a credit card or a bank account through Paypal.

GACS delivers web sites, including e-commerce sites, on a subscription basis. Subscription to GACS has the following benefits:
  • no one-time charges;
  • no cancellation fees;
  • customers may pay a monthly fee or an annual fee based upon the services requested. The fee schedule is set out on our pricing page.
GACS also provides some customized services on a non-subscription basis at rates that are individually agreed upon between GACS and the customer. For example, these services may include one-time and set-up charges.

GACS reserves the right to change its subscription terms and rates upon 30 days notice. Such notice shall be given through the GACS Terms and Conditions page. Each customer has a duty to review the GACS Terms and Conditions page on a regular basis to maintain an up-to-date understanding of such things.

There is a fifteen day grace period for payments that are required to keep your subscription accurate. If full payment of all fees charged is not received within fifteen days of their due date, GACS may suspend the customer's site. Additionally, GACS may charge a fee to reactivate a site from a suspended state.

4. Use of the Site.

Naturally, you are free to wander around our website and use the information you may glean for your own personal purposes or for any other lawful purpose. In fact, we encourage it. We make every effort to make GACS as entertaining, useful and rewarding as possible.

Also, the interactive nature of the site requires customers to provide required approvals at various stages before the program can resume. You agree to comply with all approval requirements as designated.

5. Intellectual Property.

GetACustomSite.com, the GetACustomSite.com logo, and the design of the website are the trademarks and trade dress of InfoMarvel.

Except as to content that may belong to others, the contents of the GetACustomSite.com website are Copyright  2007, InfoMarvel Business Solutions, Inc.

Those of you who are inclined to profit wrongfully from GACS's intellectual property (and you know who you are) should not do so. This includes, for example but without limitation, using GACS's intellectual property for the purposes of resale; unfair competition; downloading or copying content for someone else's commercial use; as metatags or for data mining; or any other unlawful purpose.

Just because you are free to surf through the site, you are not allowed to copy or modify any of the content on or design of the pages, or use anything contained in or on the website for commercial purposes. Simply stated, we will go after anyone who steals or misuses any of our ideas, text, graphics, images, video, audio files, computer code, user interfaces, visual interfaces trade dress and trademarks (collectively "Content").

If you want to use any of GACS's intellectual property for any reason, you must first get our written permission. GACS will aggressively defend its intellectual property in order to assure that you, the customer, will not be misled or otherwise injured by the less scrupulous people out there.

Any other trademarks, logos and intellectual property on GACS's website are the properties of their respective owners. Where required, we have obtained the owners' permission to use them.

If anyone out there believes that any of GACS's content infringes any copyright, trademark or other right, GACS wants to know about it. We take these concerns very seriously. Please contact Customer Service and comply with the requirements as set out below in Section 9 as soon as possible.

Permission to make and internally use copies of the content from this World Wide Web server is granted subject to the following:
  1. Any copies must include the following copyright notice:
© GetACustomSite.com/InfoMarvel Business Solutions, Inc., 2007-2008.
  1. Any copies shall be used only for internal, non-commercial use,
  2. Permission is granted only to the person legally accessing this server and cannot be transferred to any other person.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without GACS's express prior written consent.

6. Copyright Web Page, Design And Graphics.

GACS-InfoMarvel shall retain ownership of all source code, work-up files, computer programs, graphics, photographs, text and other copyrightable materials it may provide for you to use on your website. GACS-InfoMarvel shall license such copyrightable materials to customer as necessary to carry out the terms of use. This policy applies to stock graphics, photographs and text as well as graphics, photographs and text created by GACS for the customer's use on his GACS website.

7. Links to Sites.

GACS encourages others to place a link to GACS on their website (the "host site"). Permission to do so, however, is conditioned on your promise that the link will be used in a way that will not place GACS in a negative light, bring disrepute to GACS, infer that GACS in some way sponsors, approves of, participates in or has an interest in the host site, or otherwise use GACS's logos, name or trademarks in a way that would be likely to cause confusion as to the source of goods or services on the host site. In placing a link to our site, the host site agrees to indemnify and protect GACS and InfoMarvel from any action in law or equity that may result from the host site's improper use of the GACS link, logos, name and trademarks.

Use of the Content from this site on any other site or in a networked computer environment, including but not limited to, framing the content within another site, "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site is expressly prohibited without our prior written permission.

Upon our written consent, you must agree to the following guidelines:
  1. GACS link must not appear connected to any other logos and graphics.
  2. No alteration or sizing of GACS artwork, logos or graphics is permitted.
  3. The GACS name and logo must not be associated with unfair, deceptive, libelous advertising or commentary or used in any way that will tend to injure or compromise our professional reputation and policies.
  4. You must only use logos and "bugs" that we provide to you. Your text hyperlinks must include the following company name: GetACustomSite.com. No changes or stylization is permitted.
Also, the GACS website may contain links to other sites. These links are provided for our customers' convenience and we hope they prove helpful. However, GACS cannot be responsible for the content of those web sites, or anything else outside of GACS's control.

8. Disclaimer of Endorsement.

Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by GACS. Product and service information is the sole responsibility of each individual vendor.

9. Digital Millennium Copyright Act.

Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on GACS system or network, should be promptly sent in the form of an email communication to support@GetACustomSite.com

All claims must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;

5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

10. Ownership of Product.

All products purchased from GACS are sold in Milpitas, California, and are subject to the laws and regulations of the State of California. GACS makes no legal representations to its customers regarding their right to purchase GACS's services or goods.

11. Delays.

GACS shall use reasonable efforts to deliver products to you in a timely manner. Scheduled dates and delivery time frames only represent estimates or targets, and should never be accepted either explicitly or implied as a guarantee of delivery on or prior to the above-mentioned dates. GACS is not responsible for any delays in delivery of products to you and you agree not to hold GACS liable for any consequential losses associated with project delays, for any reason.

12. Return Policy.

Our return policy is very lenient and extremely simple. If for any reason you do not like what we deliver to you, you can discontinue our service upon 30 days notice and the return of any product and underlying software you may possess. To this end, you grant GACS permission to access your server as necessary to recover and remove its product and software.

Once the above obligations are met, we will stop billing you at the end of the current billing cycle. No questions asked.

Please note that if you decide to return the product and software, you also agree, warrant and represent that you have not made or retained any copies of our licensed products and software, or that you have destroyed all copies that you may have had.

13. Independent Contractors.

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 GACS and you. GACS will be deemed to be an independent contractor at all times, and neither you nor us will have any right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

14. Consent to Monitoring and Disclosure.

GACS is under no obligation to monitor the Content and any other information residing on or transmitted to its server. However, anyone using our server agrees that GACS may monitor the server contents periodically to assure it (1) complies with any necessary laws, regulations or other governmental requests; (2) it does not interfere or threaten to interfere with the proper operation of our server or our rights or the rights of our users. GACS reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions.

15. Unacceptable Content.

GACS is not responsible for any content provided by any customer on this site. It is the customer's responsibility to use original content, respect the privacy of other users of this site and all other third-parties and to comply with all relevant state and federal laws, including but not limited to federal intellectual property law.

If at any time GACS determines in its sole judgment that the customer-provided content of the site is unlawful; obscene; contains child pornography; based upon hate, discrimination or violence toward a group based on race, religion or national origin; supports terrorism; or that is infringing upon another's intellection property rights, GACS reserves the absolute right to discontinue service, revoke its license(s) to you without notice and remove its licensed content and software from the server. In such event, your sole remedy will be limited to a refund of any setup fees paid.

16. Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

17. Spamming.

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 GACS'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 GACS server, and selling or distributing software (on a web site residing on a GACS server) that facilitates spamming. Violators will be assessed a minimum fine of $20,000 and will face immediate suspension. GACS reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

18. 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.

19. Viruses and Other Destructive Activities.

Use of GACS'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. Customers are also prohibited from engaging in any 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 GACS's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

20. Breach of Terms of Use.

If GACS determines that you breached any of your responsibilities, it may refuse service, terminate your account, cancel orders, or take any other appropriate steps as we see fit in our sole discretion. To the extent GACS determines that you have breached these Terms of Use you agree that GACS shall be entitled to immediate access to your server for the purposes of removing all software and images GACS installed on your site. GACS may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.

21. Modification and Interruption to Service.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms periodically. Modifications may include, but are not limited to, changes in the scope of available services, pricing schedules and payment procedures. Such modifications will be effective immediately upon posting on our site unless provided in writing otherwise. Your continued use of this site after thirty days following the posting of changes to these Terms will mean that you accept those changes.

You acknowledge and accept that GACS does not guarantee continuous, uninterrupted or secure access to our or your web site(s) or the tools that we provide to manage your web site(s). Operation of our or your web site(s) or the tools that we provide to manage your web site(s) may be interfered with or adversely affected by numerous factors or circumstances outside of our control including but not limited to hacking and outages.

On occasion, GACS may need to interrupt service in order to conduct customary and necessary maintenance and upgrades. During such times, our services may become unavailable to users. Of course, we will do our best to minimize any such interruptions and to conduct such maintenance or upgrades at times that will least inconvenience users.

22. Indemnification.

If we get in trouble because of something you did without our knowing participation, you agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

23. Mistakes.

We're only human, and try as we will to avoid them, we may make a mistake or two. We will always endeavor to honor any listed price or product, but where it is impossible because of a typographical or other error, we reserve the right to withdraw the product or correct the price.

24. Information We Collect and How We Use It.

GACS collects certain information from and about its users through the following: directly from our Web Server logs, the user, with Cookies and Web Beacons ("Web Bugs").

a. Web Server Logs.

When you visit our Website, we may track information to administer the site and analyze its usage. Examples of information we may track include:

1. Your Internet protocol address.

2. The kind of browser or computer you use.

3. Number of links you click within the site.

4. State or country from which you accessed the site.

5. Date and time of your visit.

6. Name of your Internet service provider.

7. Web page you linked to our site from.

8. Pages you viewed on the site.

b. Use of Cookies.

GACS may use cookies to personalize or enhance your user experience. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web Server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. Hence, this simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality.

GACS reserves the right to share aggregated site statistics with partner companies, but does not allow other companies to place cookies on our website unless there is a temporary, overriding customer value (such as merging a site into GACS that relies on third-party cookies).

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on our Website.

c. Personal User Information.

Visitors to our website may be able to register to purchase services either through our service or a third-party service. When you register, some personal information, such as name, address, email, telephone number or facsimile number, Paypal account and other relevant information may be requested. For other types of registrations, relevant information may be requested. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting.

We will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary including:

1. To fulfill your requests for services.

2. To protect ourselves from liability,

3. To respond to legal process or comply with law, or

4. In connection with a merger, acquisition, or liquidation of the company.

d. Use of Web Beacons ("Web Bugs").

Our web pages or e-mails may contain a small graphic image called a web beacon, which is sometimes also called a "clear gif", that allows us to monitor and collect certain limited information about our users, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed, if an email was read. Web beacons can be very small and invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. GACS may use web beacons to count visitors to our web pages or to monitor how our users navigate our website, and we may include web beacons in e-mail messages in order to count how many messages we sent were actually opened or acted upon. GACS uses web beacons to compile aggregate statistics about our website and our marketing campaigns. Although we do not use Web beacons to collect your personal information, you may choose to set your browser to reject Web beacons.

25. Dispute Resolution.

We can't imagine any circumstance that could arise where anyone could possibly have a dispute with us. In the unlikely event that a dispute does arise, we will be happy to present the dispute for binding arbitration pursuant to the rules of the American Arbitration Association for determination in San Francisco, California pursuant to California law. By using the GACS website, you agree to use binding arbitration as the sole remedy, and to sole jurisdiction and venue in San Francisco, California.

26. Contacting Us.

If you have questions regarding our Terms of Use, its implementation, failure to adhere to this Terms of Use and/or our general practices, please contact us at support@GetACustomSite.com.

27. Warranties.

THE SITE AND ALL MATERIALS ON THE SITE ARE DISTRIBUTED ON AN "AS IS," "AS AVAILABLE." WITH "ALL FAULTS," BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GACS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, COMPANY DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." As such, GACS shall not be liable to you for anything more than cancellation of your subscription or return of the purchase price of any non-subscription, stand alone product upon its return to GACS.
  1. UNDER NO CIRCUMSTANCES SHALL -GACS OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF GACS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY'S OR ANY OF ITS PREDECESSORS', SUCCESSORS', PARENTS', SUBSIDIARIES', AFFILIATES', OFFICERS', DIRECTORS', SHAREHOLDERS', INVESTORS', EMPLOYEES', AGENTS', REPRESENTATIVES' AND ATTORNEYS' AND THEIR RESPECTIVE HEIRS', SUCCESSORS' AND ASSIGNS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.