This Universal Terms of Service for iPodiums' Lead Capture Page System & Services ("Agreement") is by and between iPodiums, Inc. ("iPodiums") a Pennsylvania corporation and you, your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic submission. This Agreement sets forth the terms and conditions of Your use of iPodiums' system ("System") and services ("Services") and explains iPodiums, Inc.'s obligations to You and Your obligations to iPodiums, Inc. in relation to the System and Services You purchase.
This Agreement as well as any additional policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and iPodiums, Inc. concerning Your use of iPodiums, Inc.'s System and Services, and supersede and govern all prior proposals, agreements, or other communications. By purchasing iPodiums, Inc.'s System and Services, 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 iPodiums, Inc. may establish from time to time, and any agreements that iPodiums, Inc. is currently bound by or will be bound by in the future. You agree that iPodiums may modify this Agreement and the Services from time to time. You agree to be bound by any changes iPodiums may reasonably make to this Agreement when such changes are made. You may view the latest versions of these Agreements here.
In the event You cancel or terminate Your usage, iPodiums will not refund any amounts You have paid. You agree that iPodiums shall not be bound by any representations made by third parties who You may use to purchase Services from iPodiums, and that any statement of a general nature, which may be posted on iPodiums web site or contained in iPodiums promotional materials, will not bind iPodiums, Inc.. iPodiums may, at times, offer certain promotions with different charges and features.
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 iPodiums, Inc., whether or not the transactions were in Your behalf.
1. You 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.
2. You acknowledge that you are of legal age and that all of the information you are submitting is accurate..
3. You understand that you must own the rights, or have written permission to use, all content that you add to your web pages, including all text copy, images, logos, audio and/or video. You understand that "iPodiums, Inc." will not be held responsible for any copyright, registration, or trademark infringements associated with any unauthorized use of content and that you will be solely responsible to pay all costs, legal fees and penalties resulting from such claims or disputes.
4. You 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.
5. You 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.
6. You understand that you are purchasing a non-refundable monthly or annual service, depending on the type of subscription you select, which will automatically renew and process recurring charges, unless cancelled by either you or "iPodiums, Inc.". You give "iPodiums, Inc." permission to charge your credit card, debit card or checking account each month (or year), on, or near, your automatic renewal date.
7. You acknowledge that "iPodiums, Inc." makes 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.
8. You 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.
9. You understand that you can cancel your recurring subscription at any time ONLY by using the "Cancellation" button provided in the "Support" section of my members' area. You also understand that you must cancel your account at least 48 hours before your automatic renewal date or you will be responsible to pay for the following month or year of service, depending on the type of subscription you select. You acknowledge that no cancellation is official until you 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.
10. You agree that you will not attempt any form of chargeback(s) and will be responsible to pay fines of up to $500 per incident if you 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 can also damage your credit.
11. You 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 and trademark infringements will be prosecuted to the fullest extent of the law.
12. You understand that all information gathered and provided to you by your web page visitors shall remain completely private and this information shall not be distributed, sold or given away to any third parties.
13. You 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.
14. You 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. You acknowledge that you 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. You understand that any earned commissions being held by iPodiums will be lost after 90 days from the date your membership ever becomes expired, deactivated or cancelled. You also understand that you are responsible for your own income reporting and any applicable taxes and that your social security # or tax id may be required to issue commission payments requiring a 1099 form.
15. You understand that as a member of the iPodiums referral program you are an Independent Contractor responsible for determining your own business activities and time spent and are in no way an agent, employee, partner, franchisee or legal representative of iPodiums.
16. You 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. You 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. You 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, you release iPodiums and its officers, directors, agents, advisors and employees from any and all liability incurred by you or by any other person. You waive any associated claim(s) that might be asserted in your interest.
17. You understand that if you cancel your account for any reason and request a refund through your members' area, within 7 days of the date you first became an iPodiums' customer, you are entitled to a full refund of your first-time subscription fee. If you receive a refund for this subscription service, you understand that you will not receive commissions on any referrals made through your referral page. You also understand that the money back guarantee does not apply to subscription renewals, additional accounts, reactivations, upgrades, add-on services, or any other payments submitted or processed by iPodiums, Inc.
18. You agree iPodiums name, trademark, logo and product/service names may only be used with prior written approval from iPodiums, Inc. You agree You are prohibited from producing, selling, and using, for the purposes of advertising, promoting or describing the System and/or Services, any materials or products which have not been approved or provided by iPodiums. No emails addresses, phone numbers or the address of iPodiums may be used on any materials.
19. You agree You are entirely responsible for maintaining the confidentiality of Your username and password, You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify iPodiums immediately of any unauthorized use of Your account or any other breach of security. You agree iPodiums 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 You could be held liable for losses incurred by iPodiums or another party due to someone else using Your Account Access Information. You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. iPodiums specifically disclaims liability for any activity in Your account, whether authorized by You or not.
20. You understand that you (or any 3rd-party) must NOT participate in any form of SPAM in advertising any of my web page(s) hosted by iPodiums, Inc.. You acknowledge that you 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.]
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.
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.