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In Plain English:
Attorney Marketing & Advertising offer a
blog and web site hosting services across multiple domain names
which describe a select segment of the legal profession. If you’re
the best in your field, we would love for you to begin blogging on
of our blogs to demonstrate your expertise and flaunt your amazing
credentials.
Our basic service starts for as little $50 per month, and
is designed to give you as much control and ownership over what goes
on your site as possible.
We encourage you to express yourself freely
and responsibly.
Terms of Service:
The following terms and conditions govern all use of the
AttorneyMarketingAdvertising.com web sites, blogs and all content,
services and products available at or through the website,
including, but not limited to, this website which is owned and operated by Virtual Impax, LLC (“Virtual
Impax”).
The Website is offered subject to your acceptance without
modification of all of the terms and conditions contained herein and
all other operating rules, policies (including, without limitation,
Virtual Impax’s Privacy Policy) and procedures that may be published
from time to time on this Site by Virtual Impax (collectively, the
“Agreement”).
Please read this Agreement carefully before
accessing or using the Website.
By accessing or using any part of the web
site, you agree to become bound by the terms and conditions of this
agreement. If you do not agree to all the terms and conditions of
this agreement, then you may not access the Website or use any
services. If these terms and conditions are considered an offer by
Virtual Impax, acceptance is expressly limited to these terms.
The Website is available only to individuals
who are at least 13 years old.
1. Account Setup / Email on file
We will setup your account after we have
received payment and we and/or our payment partner(s) have screened
the order(s) in case of fraud.
It is your responsibility to provide us with
a valid email address. If there is ever an abuse issue or we need to
contact you, the primary email address on file will be used for this
purpose.
It is your responsibility to ensure the
email address on file is current or up to date at all times.
Providing false contact information of any kind may result in the
termination of your account. If you fail to meet these requirements,
the order may be considered fraudulent in nature and be denied.
2. Backups
Your use of this service is at your sole
risk. Our backup service is provided to you as a courtesy. AttorneyMarketingAdvertising.com
is not responsible for files and/or 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 AttorneyMarketingAdvertising.com
servers. Backups will not be provided for accounts that have been
suspended or terminated for any reason unless otherwise agreed to in
writing by Virtual Impax.
3. Cancellations and Refunds
AttorneyMarketingAdvertising.com reserves the right to cancel,
suspend, or otherwise restrict access to the account at any time
with or without notice.
Any abuse of our staff in any medium or format will result in
the suspension or termination of your services.
Customers may cancel at any time via a
cancellation form. AttorneyMarketingAdvertising.com
gives you an unconditional 30 day money back guarantee for any
customer who paid the first invoice with a credit card or with
Paypal.
The following methods of payments are non-refundable, and refunds
will be posted as credit to the hosting account:
* Bank Wire Transfers
* Western Union Payments
* Checks
* Money orders
Refund requests for any blog after the initial 30 days will be
refunded on a prorated basis of any unused time based on the list
rate of $75 per month.
Only first-time accounts are eligible for a refund. For example, if
you've had an account with us before, canceled and signed up again,
you will not be eligible for a refund or if you have opened a second
account with us.
Violations of the Terms of Service will waive the refund policy.
4. Your AttorneyMarketingAdvertising.com Account and Site.
If you create a blog on one of the Attorney Marketing Advertising
blogs, you are responsible for maintaining the security of your
account and blog, and you are fully responsible for all activities
that occur under the account and any other actions taken in
connection with the blog. You must not describe or assign keywords
to your blog in a misleading or unlawful manner, including in a
manner intended to trade on the name or reputation of others, and
Virtual Impax may change or remove any description or keyword that
it considers inappropriate or unlawful, or otherwise likely to cause
Virtual Impax liability. You must immediately notify Virtual Impax
of any unauthorized uses of your blog, your account or any other
breaches of security. Virtual Impax will not be liable for any acts
or omissions by You, including any damages of any kind incurred as a
result of such acts or omissions.
5. Responsibility of Contributors.
If you operate a blog, comment on a blog, post material to the
Website, post links on the Website, or otherwise make (or allow any
third party to make) material available by means of the Website (any
such material, “Content”), You are entirely responsible for the
content of, and any harm resulting from, that Content. That is the
case regardless of whether the Content in question constitutes text,
graphics, an audio file, or computer software.
By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not
infringe the proprietary rights, including but not limited to the
copyright, patent, trademark or trade secret rights, of any third
party;
- if your employer has rights to intellectual property you
create, you have either (i) received permission from your employer
to post or make available the Content, including but not limited
to any software, or (ii) secured from your employer a waiver as to
all rights in or to the Content;
- you have fully complied with any third-party licenses relating
to the Content, and have done all things necessary to successfully
pass through to end users any required terms;
- the Content does not contain or install any viruses, worms,
malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or
randomly-generated, and does not contain unethical or unwanted
commercial content designed to drive traffic to third party sites
or boost the search engine rankings of third party sites, or to
further unlawful acts (such as phishing) or mislead recipients as
to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory
(more info on what that means), does not contain threats or incite
violence towards individuals or entities, and does not violate the
privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic
messages such as spam links on newsgroups, email lists, other
blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers
into thinking that you are another person or company. For example,
your blog’s URL or name is not the name of a person other than
yourself or company other than your own; and
- you have, in the case of Content that includes computer code,
accurately categorized and/or described the type, nature, uses and
effects of the materials, whether requested to do so by Virtual
Impax or otherwise.
By submitting Content to the Attorney Marketing & Advertising
blogs for inclusion on your Website, you grant Virtual Impax a
world-wide, royalty-free, and non-exclusive license to reproduce,
modify, adapt and publish the Content solely for the purpose of
displaying, distributing and promoting your blog. If you delete
Content, Virtual Impax will use reasonable efforts to remove it from
the Website, but you acknowledge that caching or references to the
Content may not be made immediately unavailable.
Without limiting any of those representations or warranties,
Virtual Impax has the right (though not the obligation) to, in
Virtual Impax’s sole discretion (i) refuse or remove any content
that, in Virtual Impax’s reasonable opinion, violates any Virtual
Impax policy or is in any way harmful or objectionable, or (ii)
terminate or deny access to and use of the Website to any individual
or entity for any reason, in Virtual Impax’s sole discretion.
Virtual Impax will have no obligation to provide a refund of any
amounts previously paid.
6. Fees and Payment.
By selecting to set up a blog, you agree to pay Virtual Impax the
monthly or annual subscription fees indicated for that service (the
payment terms for VIP hosting are described below). Payments will be
charged on the day you sign up for a premium service and will cover
the use of that service for a monthly or annual period as indicated.
Premium service fees are not refundable.
7. Blog Services.
- Fees; Payment. By signing up for am Attorney Marketing
Advertising blog, you agree to pay Virtual Impax the setup fees
and monthly hosting fees.
Applicable fees will be invoiced starting from the day your blog
is established and in advance of using such services. Virtual
Impax reserves the right to change the payment terms and fees upon
thirty (30) days prior written notice to you. Your blog can be
canceled by you at anytime on 30 days written notice to Virtual
Impax.
- Support. Attorney Marketing & Advertising blogs include access
to priority email support. “Email support” means the ability to
make requests for technical support assistance by email at any
time (with reasonable efforts by Virtual Impax to respond within
one business day) concerning the use of the blog services.. All
blog services support will be provided in accordance with Virtual
Impax standard blog services practices, procedures and policies.
8. Responsibility of Website Visitors.
Virtual Impax has not reviewed, and cannot review, all of the
material, including computer software, posted to the Attorney
Marketing & Advertising blogs, and cannot therefore be responsible
for that material’s content, use or effects.
By operating the Attorney Marketing & Advertising blogs, Virtual
Impax does not represent or imply that it endorses the material
there posted, or that it believes such material to be accurate,
useful or non-harmful. You are responsible for taking precautions as
necessary to protect yourself and your computer systems from
viruses, worms, Trojan horses, and other harmful or destructive
content. The Attorney Marketing & Advertising blogs may contain
content that is offensive, indecent, or otherwise objectionable, as
well as content containing technical inaccuracies, typographical
mistakes, and other errors. The Website may also contain material
that violates the privacy or publicity rights, or infringes the
intellectual property and other proprietary rights, of third
parties, or the downloading, copying or use of which is subject to
additional terms and conditions, stated or unstated. Virtual Impax
disclaims any responsibility for any harm resulting from the use by
visitors of the Website, or from any downloading by those visitors
of content there posted.
9. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material,
including computer software, made available through the Attorney
Marketing & Advertising blogs and webpages to which
AttorneyMarketingAdvertising.com and the Attorney Marketing &
Advertising blogs links, and that link to the Attorney Marketing &
Advertising blogs. Virtual Impax does not have any control over
those non- Attorney Marketing & Advertising websites and webpages,
and is not responsible for their contents or their use. By linking
to a non- Attorney Marketing & Advertising blogs, websites or
webpage, Virtual Impax does not represent or imply that it endorses
such website or webpage. You are responsible for taking precautions
as necessary to protect yourself and your computer systems from
viruses, worms, Trojan horses, and other harmful or destructive
content. Virtual Impax disclaims any responsibility for any harm
resulting from your use of non- Attorney Marketing & Advertising
blogs, websites and webpages.
10. Copyright Infringement and DMCA Policy.
As Virtual Impax asks others to respect its intellectual property
rights, it respects the intellectual property rights of others. If
you believe that material located on or linked to by
AttorneyMarketingAdvertising.com violates your copyright, you are
encouraged to notify Virtual Impax.
Virtual Impax will respond to all such notices, including as
required or appropriate by removing the infringing material or
disabling all links to the infringing material. In the case of a
visitor who may infringe or repeatedly infringes the copyrights or
other intellectual property rights of Virtual Impax or others,
Virtual Impax may, in its discretion, terminate or deny access to
and use of the Website. In the case of such termination, Virtual
Impax will have no obligation to provide a refund of any amounts
previously paid to Virtual Impax.
11. Intellectual Property. This Agreement does not transfer from
Virtual Impax to you any Virtual Impax or third party intellectual
property, and all right, title and interest in and to such property
will remain (as between the parties) solely with Virtual Impax.
Virtual Impax, Attorney Marketing & Advertising blogs, Attorney
Marketing Advertising, the AttorneyMarketingAdvertising.com logo,
and all other trademarks, service marks, graphics and logos used in
connection with Attorneymarketingadvertising.com, or the Website are
trademarks or registered trademarks of Virtual Impax or Virtual
Impax’s licensors. Other trademarks, service marks, graphics and
logos used in connection with the Website may be the trademarks of
other third parties. Your use of the Website grants you no right or
license to reproduce or otherwise use any Virtual Impax or
third-party trademarks.
12. Changes. Virtual Impax reserves the
right, at its sole discretion, to modify or replace any part of this
Agreement. It is your responsibility to check this Agreement
periodically for changes. Your continued use of or access to the
Website following the posting of any changes to this Agreement
constitutes acceptance of those changes. Virtual Impax may also, in
the future, offer new services and/or features through the Website
(including, the release of new tools and resources). Such new
features and/or services shall be subject to the terms and
conditions of this Agreement.
13. Termination. Virtual Impax may terminate your access to all
or any part of the Website at any time, with or without cause, with
or without notice, effective immediately. If you have a Attorney
Marketing & Advertising blog account, such account can only be
terminated by Virtual Impax if you materially breach this Agreement
and fail to cure such breach within thirty (30) days from Virtual Impax’s notice to you thereof; provided that, Virtual Impax can
terminate the Website immediately as part of a general shut down of
our service. All provisions of this Agreement which by their nature
should survive termination shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
14. Disclaimer of Warranties. The Website is provided “as is”.
Virtual Impax and its suppliers and licensors hereby disclaim all
warranties of any kind, express or implied, including, without
limitation, the warranties of merchantability, fitness for a
particular purpose and non-infringement. Neither Virtual Impax nor
its suppliers and licensors, makes any warranty that the Website
will be error free or that access thereto will be continuous or
uninterrupted. You understand that you download from, or otherwise
obtain content or services through, the Website at your own
discretion and risk.
15. Limitation of Liability. In no event will Virtual Impax, or
its suppliers or licensors, be liable with respect to any subject
matter of this agreement under any contract, negligence, strict
liability or other legal or equitable theory for: (i) any special,
incidental or consequential damages; (ii) the cost of procurement or
substitute products or services; (iii) for interruption of use or
loss or corruption of data; or (iv) for any amounts that exceed the
fees paid by you to Virtual Impax under this agreement during the
twelve (12) month period prior to the cause of action. Virtual Impax
shall have no liability for any failure or delay due to matters
beyond their reasonable control. The foregoing shall not apply to
the extent prohibited by applicable law.
16. General Representation and Warranty. You represent and
warrant that (i) your use of the Website will be in strict
accordance with the Virtual Impax Privacy Policy, with this
Agreement and with all applicable laws and regulations (including
without limitation any local laws or regulations in your country,
state, city, or other governmental area, regarding online conduct
and acceptable content, and including all applicable laws regarding
the transmission of technical data exported from the United States
or the country in which you reside) and (ii) your use of the Website
will not infringe or misappropriate the intellectual property rights
of any third party.
17. Indemnification. You agree to indemnify and hold harmless
Virtual Impax, its contractors, and its licensors, and their
respective directors, officers, employees and agents from and
against any and all claims and expenses, including attorneys’ fees,
arising out of your use of the Website, including but not limited to
your violation of this Agreement.
18. Miscellaneous. This Agreement constitutes the entire
agreement between Virtual Impax and you concerning the subject
matter hereof, and they may only be modified by a written amendment
signed by an authorized executive of Virtual Impax, or by the
posting by Virtual Impax of a revised version. Except to the extent
applicable law, if any, provides otherwise, this Agreement, any
access to or use of the Website will be governed by the laws of the
state of California, U.S.A., excluding its conflict of law
provisions, and the proper venue for any disputes arising out of or
relating to any of the same will be the state and federal courts
located in San Francisco County, California. Except for claims for
injunctive or equitable relief or claims regarding intellectual
property rights (which may be brought in any competent court without
the posting of a bond), any dispute arising under this Agreement
shall be finally settled in accordance with the Comprehensive
Arbitration Rules of the Judicial Arbitration and Mediation Service,
Inc. (“JAMS”) by three arbitrators appointed in accordance with such
Rules. The arbitration shall take place in San Francisco,
California, in the English language and the arbitral decision may be
enforced in any court. The prevailing party in any action or
proceeding to enforce this Agreement shall be entitled to costs and
attorneys’ fees. If any part of this Agreement is held invalid or
unenforceable, that part will be construed to reflect the parties’
original intent, and the remaining portions will remain in full
force and effect. A waiver by either party of any term or condition
of this Agreement or any breach thereof, in any one instance, will
not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that
consents to, and agrees to be bound by, its terms and conditions;
Virtual Impax may assign its rights under this Agreement without
condition. This Agreement will be binding upon and will inure to the
benefit of the parties, their successors and permitted assigns.
We created this TOS agreement from the one used at
WordPress.com WordPress rocks. We use their MU blogging software to power the
Attorney Marketing Advertising blogs.
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