Microsite Masters - Terms Of Service
1) Description of Service: Microsite Masters is a toolset for SEO professionals to manage website portfolios while tracking search engine ranking performance over time. Microsite Masters, LLC (referred to here as the "service") includes, but is not limited to, search engine rank position tracking, the site, the user interface, report exporting features, research tools, as well as all source codes, object codes, copyrights and other intellectual property, and all content made available through the site or service. Where appropriate, "Microsite Masters," "us," and "we" refer to us, Microsite Masters, LLC. "You" and "user" refers to you, the person entering into this Agreement with us.
3) Use of Service: The service is made available for personal use only. The service shall not be licensed, sublicensed, sold, resold, rented, leased, transferred, assigned, distributed, or shared to or with any third party, at any time. By acceptance of this Agreement, you agree to not use the service in any unlawful manner or in any manner that interferes with or interrupts the service. The website and the service are provided "as is" and on an "as available" basis. Microsite Masters does not guarantee and does not promise any specific results from the use of the website and the service, including, but not limited to, promises or claims about specific results relating to the accuracy, completeness, or usefulness of the website and the service. You must be at least eighteen (18) years of age to use the service, and provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or to permit continued use of the service. If the minimum age of capacity to contract in your jurisdiction is higher than eighteen, then that minimum age applies instead. Microsite Masters, LLC reserves the right to refuse or deny service to anyone at any time and without notice for any reason.
4) Representations and Warranties: You represent and warrant that all of the information provide to Microsite Masters, LLC to use the service is correct , current, and you have all necessary right, power, and authority to enter this agreement and perform the acts required of you as enumerated in this Agreement.
5) User Responsibilities: You are responsible for all information, data, text, messages, or other materials that you post or transmit through the service. As a condition of acceptance of the Agreement, you are responsible for maintaining the confidentiality of issued passwords and account information to access the service and accept all liabilities associated as a result of breaches in security and confidentiality. You are fully responsible for any and all activities that occur in relation to your account with us. You agree and acknowledge that your account may be used by one person only. A single account may not be shared between multiple parties at any time for any reason. The failure of Microsite Masters, LLC to exercise or enforce any right or provision contained in this Agreement shall not be a waiver of that right. You shall not, shall not agree to, and shall not authorize or encourage any third party to use the service to upload, transmit, or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, threatening, pornographic, obscene, containing viruses, or is otherwise objectionable. Personal attacks, defamation, harassment, spam, offensive content, inappropriately behavior, or other illegal activities are strictly prohibited. What is objectionable, offensive, or inappropriate is at our sole discretion. Violating the terms and conditions presented in the Agreement may result in immediate termination of the service and may subject you to state and federal penalties and other legal consequences. Microsite Masters, LLC reserves the right to investigate your use of the service to determine whether a violation of the Agreement has occurred, or to comply or assist with any applicable law, regulation, legal process, investigation, civil suit, or governmental request.
6) Prohibited Uses: You must be a human to use the service. Automated account registration or automating functions of the service are strictly prohibited. You must not modify or adapt the service or modify another website to falsely imply that is associated with the service or Microsite Masters, LLC. You agree to not modify the service in any manner or form or modify the service for the purpose of obtaining unauthorized access to the service. You agree not to access the service by any means other than through the interface provided by Microsite Masters. You acknowledge that the service is not intended for permanent storage and agree not to use the service for archiving data or for back-up purposes. You agree that Microsite Masters, LLC reserves the right at any time and for any reason to right to block registrants and members from certain IP addresses from accessing the website or service, if we believe it is necessary to protect the integrity of the service.
7) Intellectual Property Rights: You acknowledge that Microsite Masters, LLC owns all rights, title, and interest in and to the service, including without limitation all intellectual property rights including, but not limited to, any and all text, graphics, images, software, data, information, music, sound, video, audiovisual content, and data associated with the service (the "intellectual property rights"). Microsite Masters logos displayed on the site or contained in the service are trademarks of Microsite Masters, LLC. You may only use our logos for promotional purposes to identify yourself as a user of the Microsite Masters service, provided that you agree not to attempt to claim ownership of the marks by incorporating or including them with your name or offering. You agree that you will not copy, reproduce, alter, modify, or create derivative work from the service. You also agree that you will not use any automated codes, devices, or programs to monitor or copy any content or data from the service. Microsite Masters, LLC's intellectual property rights include, but are not limited to, the service developed and provided by Microsite Masters, and all software and functionalities offered or associated with the service.
8) Third-Party Content: Certain content, products or services made available through the Microsite Masters service may include materials from third parties. In addition, Microsite Masters, LLC my provide links to certain third-party websites as needed or to be used as reference when applicable. We are not responsible for this content or these websites, and you agree not to hold us liable for any damage that may result from accessing or using them.
10) Limitation of Liability: Under no circumstances shall Microsite Masters, LLC be liable to any user or third party on account of that user's use or misuse of or reliance on the service arising from any claim relating to this Agreement or the website, or the service. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages including last profits, lost sales or business, lost data or business interruption whether such claim is based on warranty, contract, or tort (including negligence). Without limiting the generality of the foregoing, under no circumstances shall Microsite Masters, LLC be held liable for any delay or failure in performance resulting directly or indirectly from acts, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes (including lawful and unlawful strikes), riots, insurrections, civil disturbances shortages of labor or materials, fires, floods, storms, explosions, acts of God, ware, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. Microsite Masters, LLC shall not be liable for any direct damages, costs, losses or liabilities whatsoever by any user or third party. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these states, Microsite Masters' liability will be limited to the greatest extent permitted by law.
11) No Thirty Party Beneficiaries: As a user of the Microsite Masters service, you acknowledge that there shall be no third party beneficiaries to the agreement.
12) Indemnification: You agree to hold harmless and indemnify Microsite Masters, LLC and its subsidiaries, affiliates, officers, agents, and other partners or employees from and against third party claim including any loss, liability, claim, or demand including attorneys' fees made by any user or third party arising from or in any way related to your use of the service, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs, and attorneys' fees, of every kind and nature. In such a case, Microsite Master, LLC will provide you with written notice of such claim, suit or action. You agree that Microsite Masters, LLC, may elect to settle in the event of such a claim, and that you will be responsible for indemnifying us to the same extent as if we had litigated.
13) Assignment: Microsite Masters, LLC may assign or transfer Agreement, in whole or in part, without restriction. In the event of an assignment or transfer, all rights to your data will be transferred, and you may be required by the beneficiary of the assignment or transfer to enter into a new agreement.
14) Account Inactivity: After a reasonable period of inactivity, Microsite Masters, LLC reserves the right to disable or terminate a user's account.
15) Billing: Microsite Masters, LLC provides a free account and several tiered service, fee-based accounts. Fees are based on the package the user has chosen. We may delete free accounts at any time for any reason, and may delete fee-based accounts if the account holder is determined to be in violation of this Agreement. The service is made available on a pay-as-you-go basis and is charged at the start of your elected subscription term and charged monthly as long as the subscription remains live. All users are eligible for a free account and can be upgraded to a paid subscription at any time. Once you have provided credit card details, you will be promptly billed and your free subscription will terminate as your account is upgraded. A valid credit card is required to use paid service subscription tiers. Microsite Masters, LLC bills you through a secure online account for use of the service. Your billing information is not stored on Microsite Masters' servers. For your protection, our secure payment gateway partner stores your complete billing information. You agree to pay Microsite Masters, LLC for all charges at the prices then in effect for any use of the service by you or other persons (including your agents, partners, affiliates, or employees) using your billing account, and you authorize Microsite Masters, LLC to charge your chosen credit card for the service, and agree to make payment using that selected method. If Microsite Masters, LLC does not receive payment from your payment method, you agree to pay all amounts due on your billing account on demand. There are no refunds or credit for partial months of service, plan downgrades, or refunds for month unused if you elect to close your account before the end of your subscription period, or in the event of the termination of an account at the discretion of Microsite Masters, LLC. The account owner will receive an email invoice upon each billing charge. All subscriptions will automatically renew at the end of your subscription period until cancelled by you, as all of our paid subscription plans use recurring billing. If you elect to pay for the subscription period on a monthly basis, you will automatically be charged the subscription plan fee for the subsequent month unless you cancel the service before the new subscription plan period begins. By entering into this Agreement, you accept responsibility for all recurring charges prior to cancellation.
16) Account Downgrading: Downgrading your subscription plan level may cause the loss of content, features, or capacity of your account, and you release Microsite Masters, LLC from any liability for such loss. In order to initiate the downgrade of an account, you must manually delete the number of keywords tracked to permit use of the service on the desired subscription plan tier. If you do not make those changes prior to requesting the downgrade of your account, the action will not be authorized and you will remain on your current subscription plan tier until all appropriate and requested actions are made.
17) Cancellation: You are responsible for properly cancelling your account. You may cancel your account at any time by going to your PayPal or Recurly account to cancel future charges for the service. Any method of communication other than electing to cancel your subscription plan inside your selected payment method will not be considered cancellation. All of your content will be immediately deleted from the service upon cancellation. This data cannot be recovered once your account is cancelled. If you pay your subscription in monthly installments and you cancel your subscription prior to the end of the subscription period, Microsite Masters, LLC will terminate your access to the service and cease billing for future use of the service. However, you will remain responsible for all charges incurred prior to Microsite Masters, LLC's terminating access to your account. Nonpayment of the Microsite Masters service seven (7) days after the last date of billing will constitute and initiate the cancellation of your account. After caneling your account by terminating future billings through PayPal or Recurly please submit a support ticket to initiate the termination of your account immediately.
18) Governing Law: The Agreement shall be governed by the laws of the State of Maryland without regard to the principles of conflicts of law. If for any reason a court of competent jurisdiction finds any provision or portion of the terms of service to be unenforceable, the remainder of the terms of service will continue in full force and effect. You are responsible for complying with any applicable laws, rules, or regulations governing the export of the service or any of its components. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Maryland for the purpose of resolving any dispute relating to your access to or use of the service. You agree that if you bring an action in a forum other than one authorized by this paragraph, our attorneys may move to dismiss the action and you will be responsible for paying our reasonable attorneys' fees and court costs required for the motion. Any failure on our part to enforce any portion of this Agreement shall not be a waiver of our right to enforce that or any other portion of the Agreement.