1. I understand that this agreement becomes effective immediately at the time of electronic submission of this subscription order.
2. I understand that this lead capture page system is independently provided and powered by "iPodiums, Inc.", an independent web development company, to be used by independent business owners at their own risk and is not affiliated with any other company.
3. I acknowledge that I am of legal age and an active representative in the company named on my online signup application.
4. I understand that I must own the rights, or have written permission to use, all content that I add to my web pages, including all text copy, images, logos, audio and/or video. I understand that "iPodiums, Inc." will not be held responsible for any copyright, registration, or trademark infringements associated with any unauthorized use of content.
5. I agree to NOT upload or add any content (text, images, audio and/or video) that is objectionable including, but not limited to, content that is: illegal, defamatory, obscene, racist, impure, inflammatory, inciteful, etc. "iPodiums, Inc." has the right to remove such web pages and cancel subscribers who violate these, or any other, terms associated with this service without issuing any refunds.
6. I understand that "iPodiums, Inc." has the right to modify the terms & conditions, website content, pricing, and availability of service at any time and without prior notice.
7. I understand that I am purchasing a non-refundable monthly or annual service which will automatically renew and process recurring charges, unless cancelled by either myself or "iPodiums, Inc.". I give "iPodiums, Inc." permission to charge my credit card, debit card or checking account each month (or year), on, or near, my automatic renewal date.
8. I acknowledge that "iPodiums, Inc." make no representations or warranties of any kind, expressed or implied, as to the reliability of this service and with regard to the information, content, materials and/or products included with this service and is not liable for any direct or indirect damages that result from the use of, or inability to use, this service including, but not limited to, mistakes, bugs, omissions, interruptions, deletions, errors, defects, viruses, down time, tampering, acts of God, electronic failure, theft, and anything else that might occur or any damages that may arise.
9. I agree that any legal claims or disputes between the parties of this agreement must be conducted in Mechanicsburg, Pennsylvania (USA), the location of "iPodiums, Inc." home office.
10. I understand that I can cancel my recurring subscription at any time ONLY by using the "Cancellation" button provided in the "Support" section of my members' area. I also understand that I must cancel my account at least 48 hours before my automatic renewal date or I will be responsible to pay for the following month or year of service, depending on the type of subscription I select. I acknowledge that no cancellation is official until I receive a cancellation confirmation email. [If a member does not receive a cancellation confirmation email within the hour, the member should assume that their cancellation request did not get processed. If this occurs, the subscribing members should call 1-717-691-5881, or submit a support ticket from their members' area.
11. I agree that I will not attempt any form of chargeback(s) and will be responsible to pay fines of up to $500 per incident if I do so. We take fraudulent chargebacks very seriously. All chargebacks will be disputed and reported to law enforcement authorities, and related financial agencies. Should we have any problems collecting fees owed, your account will be handed over to a collection agency who will collect this fee for us. Please be aware that this will also damage your credit.
12. I acknowledge that all the lead capture pages, the members area, and all the content found within, including, but not limited to, pictures, logos, trademarks, text, scripts, videos, etc.. are copyrighted and must not be duplicated (in whole or in part) or altered in any way. Copyright violations will be prosecuted to the fullest extent of the law.
13. I understand that all information gathered and provided to me by my site visitors shall remain completely private and this information shall not be distributed, sold or given away to any third parties.
14. I understand that "iPodiums, Inc." reserves the right to elect at a later date to replace or remove without notice any Templaet(s), Image File(s) or Media File(s) with an alternative for any reason.
15. I understand that "iPodiums" makes no claims or guarantees of income or income potential. All figures are for illustration purpose only and do not represent actual historical earnings. I acknowledge that I must be an active iPodiums subscriber to receive commission credit and/or payments and that a minimum of $25 in held commission must be accumulated before commissions are paid out or the amount is carried over to the following month. Commission payments are paid out by check made payable to the name & address entered in the members' profile. (If you prefer we make checks out to a different name or address, you must submit a support ticket with this information before the next check run.) A check processing fee of $1.50 will apply to all commission checks. I understand that any earned commissions being held by iPodiums will be lost after 90 days from the date my membership ever becomes expired, deactivated or cancelled. I also understand that I am responsible for my own income reporting and any applicable taxes and that my social security # or tax id may be required to issue commission payments requiring a 1099 form.
16. I understand that as a member of the iPodiums referral program I am an Independent Contractor responsible for determining my own business activities and time spent and am not an agent, employee, partner, franchisee or legal representative of iPodiums.
17. I agree that commissions and/or bonuses relating to the sale or other output derived from personal sales, solicitations or orders from consumers, are privileges of my status as an active iPodiums Subscriber in good standing. I understand that only iPodiums Subscribers in good standing (as such status is determined solely by iPodiums) may act as Sponsors who are qualified to receive commissions and commission credits. I acknowledge that iPodiums in its sole discretion, may make any changes or reject this Agreement at anytime, without disclosing any reason therefore. If this Agreement is not accepted or approved, or is rejected for any reason, I release iPodiums and its officers, directors, agents, advisors and employees from any and all liability incurred by me or by any other person. I waive any associated claim(s) that might be asserted in my interest.
18. I understand that I (or any 3rd-party) must NOT participate in any form of SPAM in advertising any of my web page(s) hosted by iPodiums, Inc.. I acknowledge that I will be held fully responsible for any and all complaints, legal actions, costs and penalties resulting from SPAM and that "iPodiums, Inc." will not be held responsible in any way. [SPAM is defined as Unsolicited Commercial E-mail (e-mail messages) or Facsimiles (faxes) sent to persons who have not asked for your information and have no prior relationship with you that would justify such communication. Other forms of SPAM include, but are not limited to: Usenet SPAM, Forum SPAM, Blog SPAM, Message Board SPAM, Newsgroup SPAM, etc.]
NO-SPAM POLICY
We have a strict No-Spam policy and will pursue whatever legal steps are necessary to enforce this policy. "Spam," or "Spamming," is also known as Unsolicited Commercial E-mail (UCE) or Unsolicited Bulk E-mail (UBE).
Unsolicited Commercial E-mail (UCE) is herein defined as the sending of any email message to anyone not personally known by you unless it is in specific response to a request for information from you. This definition is independent of how and by whom the Email is actually sent.
nsolicited Bulk E-mail (UBE) is herein defined as the broadcasting of large quantities of unsolicited Email or postings to news groups through any large or small quantity delivery system. This definition is independent of how and by whom the Email is actually sent.
When and if we receive a first SPAM complaint a warning will be sent to you. If we receive a second SPAM complaint your account will be temporarily suspended. If three or more violations occur your account will be terminated permanently without refund. "iPodiums, Inc." will not participate in any disputes, complaints or resolution proceedings in regards to SPAM complaints toward your web page(s). We treat each SPAM complaint as legitimate and it is your SOLE responsibility to prove otherwise.
CAUTION:
1) Ignorance of the contents of this policy will not be considered an acceptable excuse.
2) There are NO acceptable disclaimers that can be added to an unsolicited message that will make the message acceptable. This includes but is not limited to remove instructions, remove links, legislative compliance statements, or general statements.
3) We do NOT recommend the use of any purchased lists of email addresses. Use of any purchased list of email addresses (opt-in or otherwise) puts your membership at risk and may result in fines if there are any complaints due to problems with the list being out of date, poor quality, improperly gathered, etc.
4) Use of any marketing company that sends your advertisement to their list (opt-in or otherwise) puts your membership at risk and may result in fines if there are any complaints due to problems with the list being out of date, poor quality, improperly gathered, etc.
5) It is NOT acceptable to send someone a message about your company just because you received an unsolicited message from them.
6) It is NOT acceptable to make uninvited approaches to "Instant Messenger" members.
7) It is NOT acceptable to post any advertising messages to any news groups. Just because you see such messages posted does NOT give you permission to do the same. The only exceptions are those few groups which specifically allow advertising postings.
BY SUBSCRIBING YOU AGREE TO ALL OF THE TERMS & CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT USE THIS SERVICE.
Thank you.
