Website Terms of Service - Pay-Per-Click Terms of Service

Terms and Conditions of Use
Please read these terms and conditions carefully. By accessing this website you are indicating that you have read, acknowledge and agree to be bound by these terms and conditions (also referred to as an agreement here). Your agreement shown by accessing and using this website is as legally binding as if you signed a written document. If you do not agree to all these terms and conditions, do not access this website.

WebAgentSolutions and its affiliates (referred to as WebAgentSolutions) may change these terms and conditions, and you are responsible for regularly reviewing and complying with them. Your continued use of this website constitutes your agreement to all those terms and conditions.

PLEASE NOTE that this agreement contains important sections below, including a provision requiring you to litigate all disputes relating to your use of this website in Bucks County, Pennsylvania.

General Information
This website comprises various websites and pages operated by WebAgentSolutions and the information contained therein (together, the "website"). Certain sections of the website may contain separate terms and conditions, which are in addition to this agreement. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those sections or pages.

We may terminate your access to the website or any part of it at any time with or without notice, in our sole discretion.

You may not attempt to gain unauthorized access to the website, or computer systems or networks connected to the website, through hacking, password or data mining, or any other means to circumvent security procedure. You may not use bots, spiders or intelligent agent software (or other methods) for any purpose other than accessing publicly posted portions of the website and then only as authorized by the license we provide to you below under Proprietary Rights. Unauthorized use of our website and systems, including, but not limited to, unauthorized entry into WebAgentSolutions computer networks and systems, or misuse of password is strictly prohibited. Unauthorized uses includes using the publicly available information for purposes which are (I) not authorized by this agreement, or (II) not consistent with the license set out below in the section titled Proprietary Rights.

You may not use the website in any manner that could damage, disable, overburden, or impair the website or any service we provide or interfere with any other party's use and enjoyment of the website or any service we provide.

You are to ensure that any information you provide to us through the website will be correct and complete.

The information and materials on the website may contain errors or inaccuracies, including both typographical and substantive errors. We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to discontinue, change, improve or correct the information, materials and descriptions on the website and to suspend or deny access to the website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and we have no responsibility to update or amend any such information.

Disclaimers of Warranty
THE INFORMATION, PRODUCTS AND SERVICES ON THE WEBSITE ARE PROVIDED ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS AND ARE USED ONLY AT YOUR SOLE RISK.

WE AND OUR AGENTS AND LICENSORS EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, TITLE, NON-INFRINGEMENT, OF ERROR-FREE OR UNINTERRUPTED SERVICES, OR THAT THE INFORMATION ON THIS WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS.

WE DO NOT WARRANT, GUARANTY, OR MAKE ANY REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, OR ASSUME ANY LIABILITY TO YOU, INCLUDING REGARDING (I) THE USE OF OR THE RESULTS OF ACCESS TO THE WEBSITE OR ANY DELAY OR LOSS OF OR LIMIT ON ACCESS TO OR USE OF THE WEBSITE, OR (II) SYSTEM PERFORMANCE AND EFFECTS ON OR DAMAGES TO SOFTWARE AND HARDWARE IN CONNECTION WITH ANY USE OF THE WEBSITE. WE SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION THROUGH THE WEBSITE OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE WEBSITE OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY. EXCEPT AS OTHERWISE REQUIRED BY LAW, WE SHALL HAVE NO LIABILITY FOR LOSSES CAUSED BY THE NEGLIGENCE, ACTIONS OR FAILURE TO ACT OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, YOUR INTERNET ACCESS PROVIDER.

Limitations of Liability
WEBAGENTSOLUTIONS AND ITS AGENTS AND LICENSORS SHALL NOT HAVE ANY RESPONSIBILITY WHATSOEVER AND SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES OR LOST PROFITS OR SAVINGS OR OTHER ECONOMIC HARM YOU MAY INCUR OR SUFFER (REGARDLESS OF WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE) FROM (I) YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY RELIANCE BY YOU ON THE WEBSITE, OR INABILITY TO ACCESS THE WEBSITE, (II) THE RELIABILITY, ACCURACY, COMPLETENESS OR TIMELINESS THEREOF, (III) ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY INFORMATION OR ANY PART OF THE WEBSITE, (IV) THE INTERCEPTION OR USE BY THIRD PARTIES OF ANY INFORMATION YOU PROVIDE TO US, OR (V) ANY OTHER REASON.

IN ANY EVENT OUR COMPLETE LIABILITY (AND THAT OF ANY OF OUR AGENTS OR LICENSORS) TO YOU FOR ANY REASON IN NO EVENT CUMULATIVELY SHALL TOTAL MORE THAN $500.00.

Notices
Our notices to you may include notice of important changes to this agreement. We may send any notice to any address you provide, including email addresses, so it is important that all such information you provide to us be accurate.

Proprietary Rights
You agree that your use of this website shall be in complete compliance with the terms and conditions of use as set forth herein. If you do not agree with any of the terms and conditions of use relating to this website then you should not use this website.

Specifically, you represent and warrant that any content, images, graphics, code, or other materials that you may provide or upload into this website is fully owned by you, or for which you have full authority and approval from the owner of such materials, in writing, to use any such content, images, graphics, code, or other materials on your website.

You also agree and represent that it is your responsibility to promptly inform WebAgentSolutions of any changes that you may make, or intend to make to your website to ensure that any such changes are in full compliance with the terms and conditions of use set forth by WebAgentSolutions relating to your website. WebAgentSolutions reserves the right to suspend your use privileges, change any part of your website without approval and block access of any client or agent who violates these terms and this disclaimer in any manner.

All right, title and interest in the website is the exclusive property of WebAgentSolutions, except as otherwise stated. You may not access, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in whole or in part any part of the website, except for the purposes expressly provided herein, without our prior written approval. If you download any information or software from the website, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

You have a limited, personal, non-transferable, non-exclusive license to view and copy the publicly accessible information on this website for your personal noncommercial use, and only on one computer. You are not permitted to resell or transfer any information obtained from this website to anyone else. This license can be terminated by us at any time, at which time you must destroy all copies of the licensed materials. This license is conditioned on your continued adherence to all the terms of this agreement.

WebAgentSolutions, the WebAgentSolutions logo and other WebAgentSolutions trademarks which appear on the website are trade names and trademarks of WebAgentSolutions. The names of other actual companies and third-party products or services mentioned herein are the trade names or trademarks of their owners. You may not use any trademarks for any purpose including, but not limited to, use as metatags on other sites on the World Wide Web without the prior written permission of WebAgentSolutions or the third party which owns the marks.

WebAgentSolutions respects the intellectual property of others and asks that our users do the same. It is the policy of WebAgentSolutions to respond expeditiously to claims of intellectual property infringement by promptly processing and investigating notices of alleged infringement and taking appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. If you believe that your copyrighted work is accessible on the website in a way that constitutes copyright infringement, you may notify us by providing our Copyright Agent with the following information: 1) The electronic or physical signature of the owner of the copyright or of the person authorized to act on the owners behalf; 2) Identification of the copyrighted work or other intellectual property that you claim is being infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a list of such works at that site; 3) Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled; 4) identification of the URL or other specific location on the website where the material that you claim is infringing is located (please be as specific as possible); 5) your name, address, telephone number, and email address; 6) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 7) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owners behalf.

WebAgentSolutions Agent for Notice of claims of copyright infringement on the website is: Josh Perry, WebAgentSolutions, 196 E. Butler Ave. Units 1 & 2, Chalfont, PA 18914, (215) 996-1390, support@webagentsolutions.com.

Use of Links
The website may contain links to and be linked from third-party websites. These links are provided only as a convenience and do not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by WebAgentSolutions of any information contained in any third-party website. We are not responsible for the information contained on that site or your use of or inability to use the website. If you choose to connect to a third-party website, WebAgentSolutions makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor does WebAgentSolutions warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. You should also be aware that the terms and conditions of such site and the sites privacy policy may be different from those applicable to your use of our website.

No Solicitation
The information on the website is made available for informational purposes only. The information on the website is limited to the dissemination of general information regarding products and services. The information and services provided on the website are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where WebAgentSolutions is not authorized to provide such information or services. Some products and services described in the website may not be available in all jurisdictions or to all clients.

Privacy
WebAgentSolutions respects your privacy. See the Privacy Policy for an important description of the information, including your personal information; we collect from you, and what we do with it. Your agreement to these terms and conditions includes an agreement to our privacy policy.

Indemnification
You hereby indemnify and hold harmless WebAgentSolutions and its directors, officers, employees, control persons, vendors, licensors and agents, from and against any and all claims, actions, proceedings, losses, liabilities, damages, costs and expenses (including reasonable attorneys and experts fees and costs) arising out of or related to (i) any use or access by you (or on your behalf) of the website; (ii) any breach by you of any agreements, or representations and warranties contained in these terms and conditions, (iii) any access to or use of the website by you in violation of any rights of WebAgentSolutions or any third party, including, but not limited to, copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, (iv) any access to or use of the website by you in violation of any applicable law, rule or regulation, or (v) any unauthorized access of, or through, the website to any computer system.

Full and Complete Agreement Regarding Website
These terms and conditions represent the complete and exclusive statement of the agreement between you and us regarding your rights to access and use the website, and supersedes all prior agreements and representations (whether written or oral), regarding this subject matter, except as is otherwise provided herein. This agreement is in addition to, and does not nullify, any other agreement between you and WebAgentSolutions governing the conduct of your relationship with WebAgentSolutions.

Change of Service and Payments
All payments will occur on an automatic monthly renewal. Payments are due at the time of the renewal anniversary. In the event that the Customer fails to pay for such services in advance, WebAgentSolutions shall be entitled to suspend the Customer's service without notice until payment is made. If the account is delinquent for another billing cycle, then it will be deactivate, which will result in all files and email being deleted from the server.

A US$55.00 service fee will apply to each credit card chargeback (multiple chargebacks will each be billed $55.00 each). If a customer initiates a chargeback, then their account will be immediately suspended and the suspension will only be removed once the chargeback is reversed by the customer or the charges paid in full, including any chargeback fees. Unless the client has a cancellation ID as described below, all chargebacks will be disputed. In the case where a chargeback in not reversed, the balance of the account will be handed over to collections and all collection fees, legal fees, chargeback fees and any other fees associated to collection of the balance will be included in the total amount due.

All changes of service must be submitted to WebAgentSolutions in writing to be considered valid. This includes but is not limited to the cancellation of any products and or services and changes to billing information.

The customer will continue to be billed until the customer cancels their hosting account by email or fax. If customer wishes to cancel their services with WebAgentSolutions your request must be submitted by email to support@webagentsolutions.com and must be sent 21 days prior to your next billing date, otherwise the next billing will be charged and no refunds are provided. Cancellations are considered to be finalized when the client has been sent a confirmation ID. If no confirmation ID is received within 1 business day of cancelation notice, the client is responsible to follow-up with WebAgentSolutions to confirm that the cancellation request has been received and is being processed and to obtain a confirmation ID.

Other Terms
No waiver, modification or amendment of any of these terms and conditions shall be effective against WebAgentSolutions unless it is in writing and signed by an authorized official of WebAgentSolutions. We do not waive any power or right under this agreement even if we don't always insist on strict compliance with any of these terms and conditions, or if we delay or fail to exercise any power or right given to us in this agreement.

All rights and remedies given to WebAgentSolutions in these terms and conditions are cumulative and not exclusive of any other rights or remedies which WebAgentSolutions otherwise has at law or equity.

These terms and conditions and your rights and obligations hereunder may not be assigned by you without the prior written permission of WebAgentSolutions and shall inure to the benefit of WebAgentSolutions successors and assigns whether by merger, consolidation or otherwise. WebAgentSolutions may assign this agreement or any of its rights or obligations under these terms and conditions.

Any cause of action you may have with respect to your use of the website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect. A printed version of these terms and conditions shall be admissible in judicial or administrative proceedings.

Choice of Law and Personal Jurisdiction; Jury Trial
This website is created and controlled by us in the Commonwealth of Pennsylvania, U.S.A. The laws of the Commonwealth of Pennsylvania govern any disputes between you and us arising in connection with this agreement, without giving effect to any principles of conflicts of laws.

SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE COUNTY OF BUCKS, COMMONWEALTH OF PENNSYLVANIA AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.

I HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DISAGREE WITH THE TERMS OUTLINED IN THIS AGREEMENT PLEASE CONTACT VIA EMAIL AT SUPPORT@WEBAGENTSOLUTIONS.COM OR FAX (866) 687-4997 FOR IMMEDIATE TERMINATION OF YOUR ACCOUNT.

Change of Terms
You are responsible for checking http://www.webagentsolutions.com/tos/ frequently for any changes to the Terms of Agreement. If you disagree with any of the outlined terms posted, it is your responsibility to notify support@webagentsolutions.com immediately to cancel your services. Refer to the above section on cancellations for more information.

Pay-Per-Click Terms of Service

Terms and Conditions
Please read these terms and conditions carefully. By signing up for a Pay Per Click account through WebAgentSolutions, you are indicating that you have read, acknowledge and agree to be bound by these terms and conditions (also referred to as an agreement here). Your agreement shown by completing the sign-up form is as legally binding as if you signed a written document. If you do not agree to all these terms and conditions, please do not register for a Pay Per Click account through WebAgentSolutions.

Important: Proprietary Information
Your account will be opened under WebAgentSolutions' primary account. All terms and phrases are proprietary and will not be produced to the end user. Therefore, you will not be allowed to access and control your own Pay Per Click account. By agreeing to these terms, you agree to contact WebAgentSolutions for any and all changes, including billing disputes and account cancellations. You may not at any time contact Yahoo or Google directly regarding your WebAgentSolutions Pay Per Click account. If you contact Yahoo or Google directly regarding your WebAgentSolutions Pay Per Click account, your account will be terminated immediately without notice.

Cancellation
To cancel your Pay Per Click services at anytime, simply email ppc@webagentsolutions.com. You will receive a link to an online form via email; please complete this form in order to receive a cancellation ID for your records. Once completed, the cancellation ID will be sent within 48 hours during business days. Until you receive this cancellation ID, your account is considered active. If you fail to receive a cancellation ID within 48 hours of your form submission, please contact 215-996-1390 immediately. Please note that should you cancel your account before your remaining balance has been fully utilized, WebAgentSolutions has the right to put those funds towards service and processing fees up to $150.

Setup Fee
All setup fees are charged immediately once the form is submitted. This fee will appear on your credit card from WebAgentSolutions and will be separate from your regular hosting fees.

Monthly Management Fee
You agree to pay the monthly Management Fee selected for your given service level. As soon as your account is live, you will see the monthly fee added to your next reoccurring hosting fee. 

Pay-Per-Click Fees
Actual click fees are charged by Yahoo Marketing and Google AdWords and will appear on your credit card in similar names. Yahoo charges your credit card before the clicks occur, and will bill you at various times throughout the month when your account is running low on funds. Google charges your credit card after the clicks occur. These charges may appear on your statement up to one month after the charges occur. Therefore you need to be aware that a charge may still appear on your credit card after you pause or cancel your account. Yahoo and Google will never exceed the monthly limit you specify. 

If you have a problem with your Pay Per Click billing, or you feel you are being charged in error at any time, it is your responsibility to contact WebAgentSolutions. If you dispute the charges with your credit card company, or force a chargeback to occur, your account will be cancelled immediately and terminated permanently. In addition, Yahoo and Google will aggressively pursue the amount disputed.

Additional Fees
To use both Google and Yahoo Marketing simultaneously, there is a 50% discount on the second account setup and oversight fees. To change an account from Google to Yahoo Marketing or Yahoo Marketing to Google there may be a one time fee of $100. If you make a change request to the titles or description of your Pay-Per-Click program, there will be no charge for the first change. To make additional changes or to revert back to our original titles and descriptions, there is a $45 an hour fee, with a 1-hour minimum. There is no fee to turn off your account or place it on hold. To reactivate the account, there is $30 fee. If your Credit Card gets declined or your account runs out of funds and no deposits are made, your account will be deactivated and there will be a $30 reactivation fee.

Time of Delivery
Your account will be created as quickly as possible, and the process is started as soon as your form is received. Generally, your account will be live within 10 business days of receiving your completed information.

Liability
In the case of service downtime or domain issues caused by any party, WebAgentSolutions is not liable for any Pay-Per-Click fees incurred. Client is responsible in making sure all their domains are live, active, properly registered, pointing correctly and any other sort of activity at all times. If any issues are identified, immediately contact support at (215) 99-1390 or support@webagentsolutions.com.

Change of Terms
You are responsible for checking http://www.webagentsolutions.com/tos/ frequently for any changes to the Terms of Agreement. If you disagree with any of the outlined terms posted, it is your responsibility to notify ppc@webagentsolutions.com immediately to cancel your services. Refer to the above section on cancellations for more information.