This Agreement sets forth the terms and conditions of your use of the SearchByZipCode.com services and its Internet domain, as well as any other registrations of that domain name. By using this Service, you acknowledge that you have read, understood, and agreed to be bound by all terms and conditions of this Agreement, the accompanying dispute policy and any rules or policies that are or may be published by SearchByZipCode.com from time to time.
DISCLAIMER: We are an internet advertising company and all client web sites and all materials contained on it are distributed and transmitted "as is" without representations or warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, or non-infringement. The entire risk as to the quality, accuracy, adequacy, suitability, functionality, availability, operation, completeness, correctness and validity of the site and/or any material rests with you.
In no event shall SearchByZipCode, Inc. or any of it's affiliates be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use these directories or web sites. SearchByZipCode, Inc. makes no warranties of any kind, expressed or implied for services we provide. SearchByZipCode reserves the right to revise its policies at any time.
1. What We Do
SearchByZipCode, Inc. helps small businesses increase their revenues with Internet Advertising and Marketing. SearchByZipCode.com has made it possible for businesses to be listed in a specialized site which groups together business in the same communities and provides the smartest choice in Internet advertising and affordable web site Marketing services. SearchByZipCode.com is both a full-service Internet Marketing solutions provider for small businesses and an online collection of neighborhood community
directories. As an accredited domain, all web site registrations we register are not effective until we have delivered the web site information you provided us to our main office, as applicable, and the administrator puts into effect your registration. You agree and acknowledge that SearchByZipCode.com is not liable or responsible in any way for any errors or omissions.
2.) Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.
3.) Payment Policies
All accounts are set up on a prepay basis. Although SearchByZipCode.com services and its Internet domain, as well as any other registrations of that domain name reserves the right to change prices of accounts or services at any time. All pricing is guaranteed for the period of prepayment. Renewal payment is due 30 days prior to each anniversary year or month following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification
has already been given. The customer is responsible for all monies owed on the account from the time it was established to the time that the customer sends a written cancellation request. Some bills or invoices may be sent by regular mail. All payment are in USD.
As consideration for the services provided by SearchByZipCode.com, you agree to pay SearchByZipCode.com, prior to the initial service, creation or service of the desired creation, the amounts set forth by SearchByZipCode.com, and should you choose to renew the annual Internet Advertisement and/or Marketing package, registration or hosting, subsequent renewals of the Internet Advertisement and/or Marketing package, registration or hosting at the then current fee’s for that service. You agree that until and unless
you notify SearchByZipCode.com of your desire to cancel any or all services received, those services will be billed on a recurring basis and that you are legally responsible for those fees.
In situations where the check or credit card number on file is declined, SearchByZipCode.com will immediately suspend your service and the facility to purchase services with us until the outstanding charge is processed successfully. In addition, a $50 reinstatement fee will be require for the services to reactivate your account and SearchByZipCode.com also reserves the right to suspend other services until the outstanding debt is cleared. All fees are non-refundable in whole or In part, even
if your web site or service is, canceled or transferred prior to the end of your then current registration.
We reserve the right to change the monthly payment amount and any other charges at anytime.
SearchByZipCode, Inc. makes no warranties of any kind, expressed or implied for services we provide. SearchByZipCode.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by SearchByZipCode.com and its employees. SearchByZipCode.com reserves the right to revise its policies at any time.
6.) Dispute Policy
You agree to be bound by this SearchByZipCode.com Dispute Policy (" Dispute Policy" ), which is hereby incorporated and made a part of this Agreement by reference. You agree that you will be subject to the provisions specified in this “Dispute Policy” in effect at any time your web site is disputed by a third party, in the event such dispute arises. You also agree that in the event a dispute arises with any third party, you will indemnify and hold SearchByZipCode.com harmless pursuant to the terms
and conditions contained in this Dispute Policy.
7.) Changes to Registration Agreement and Dispute Policy
You acknowledge that the SearchByZipCode.com Internet advertising and Marketing systems and services, and the practice of registering and administering web sites Advertisements are evolving, and therefore you agree that SearchByZipCode.com may modify this Agreement and the Dispute Policy if necessary, and any other Agreements that SearchByZipCode.com is currently bound by or will be bound by in the future as well as to adjust to changing business circumstances. Your continued use of the SearchByZipCode.com
shall constitute your acceptance of this Agreement and the Dispute Policy with the new modifications. If you do not agree to any of such changes, you may request that your service be canceled. You agree that such cancellation will be your exclusive remedy if you do not wish to abide by any changes to this Agreement or the Dispute Policy.
All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening, obscene, or pornography. Examples of unacceptable material:
- IRC Bots
- Warez Sites
- Adult web sites
- Gaming Sites
- Poker Sites
- Pirated Software
- Hate sites
- Hack programs and archives
9.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. " Safe lists" and " double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice.
We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion.
We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of SearchByZipCode.com. All rights reserved.
10.) Backups and Data Loss
Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.
11.) Cancellation and Refunds
We reserve the right to cancel the account at any time. You agree that until and unless you send a written cancellation request to SearchByZipCode.com of your desire to cancel any or all services received, those services will be billed on a recurring basis. The customer is responsible for all monies owed on the account from the time it was established to the time that the customer sends a written cancellation request. All fees are non-refundable in whole or In part, even if your Internet Marketing solution or
service is, canceled or transferred prior to the end of your then current registration.
12.) Resource Usage
Users may not initiate the following:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
13.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried
over to the next month.
14.) Registration Information and Its Use
As part of the registration process, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. (a) You’re name and postal address. (b) The name, postal address, e-mail address, voice telephone number and where available fax number of the administrative contact. (c) The name, postal address, e-mail address, voices telephone number and where available, faxes number of the billing contact for the business.
You also agree and acknowledge that when you renew your annual web site advertising or/and hosting, the type of information you are required to provide may have changed. If you do not provide the new required information, your registration may not be renewed.
15.) Disclosure and Use of registration Information.
You agree and acknowledge that SearchByZipCode.com will make available the information you provide or that we otherwise maintain, to the registry administrator(s), and to other third parties as applicable laws may require or permit. You hereby consent to any and all such disclosures and use of information provided by you in connection with the registration of a Internet advertising and Marketing solution service (including any updates to such information), whether during or after the term of your
registration of the service. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your service information by SearchByZipCode.com services and its Internet domain, as well as any other registrations of that domain name.
16.) Ownership of Data
You agree and acknowledge that SearchByZipCode.com owns all created works, photos, web site Advertisement domain names, copy, database, compilation, collective and similar right's, title and Interest world wide in our database, sent/given to us and all information and derivative works generated from the SearchByZipCode.com agreements, creations, and/or contracts.
17.) Agents and Licenses
You agree that, if you are registering for an Internet Marketing solutions for someone else, you represent that you have the authority to nonetheless bind that person as a principle to all terms and conditions provided herein including the Dispute Policy.
18.) Limitation of Liability
You agree that SearchByZipCode.com will not be liable for any suspension or loss of use of the web site advertisement, hosting, Use of your web site, Interruption of business, Access delays or access interruptions to SearchByZipCode.com or their web site(s) your access by SearchByZipCode.com web site, Data non-delivery, mis-delivery, corruption, destruction, or other modification, Events beyond SearchByZipCode.com reasonable control, The processing of this application or Application of the dispute policy.
SearchByZipCode.com also will not be liable for any indirect, special incidental or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if SearchByZipCode.com has been advised of the possibility of such damages. In no event shall SearchByZipCode.com maximum aggregate liability exceed the total amount paid by you to us for registration or a Internet Marketing solution, but in no event greater than one hundred
dollars ($100.00) per client.
Customer agrees that it shall defend, indemnify, save and hold SearchByZipCode.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against SearchByZipCode.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless SearchByZipCode.com
against liabilities arising out of (1) any injury to person or property caused by any products sold or otherwise distributed in connection with any SearchByZipCode.com created web sites or server (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party (3) copyright infringement and (4) any defective products sold to your customers from a SearchByZipCode.com web site or server.
20.) Representations and Warranties
You represent that to the best of your knowledge and belief, neither the registration of the Internet Marketing solutions nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your Internet Marketing solutions is accurate. All Internet Marketing solutions services are provided to you as is. We make no representations or warranties of any kind whatsoever express
or implied, in connection with this agreement or our Internet Marketing solutions services, including but not limited to warranties of merchantability or fitness for a particular purpose.
21.) Changes to the TOS
We reserve the right to revise its policies at any time without notice.
This Agreement and the dispute policy, together with all modifications, constitute the complete and exclusive agreement between you and SearchByZipCode.com and supersede and govern all prior proposals, agreements, or other commutations.
For more information about our services or how we can help your business earn better profits and attract more customers, call our sales department at 1-888-443-7500. Open 8 am to 5 pm Weekdays.