Advertising Terms of Agreement
This Rezbandz.com Advertising Agreement ("Agreement") is by and between Rezbandz.com and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Rezbandz.com Advertising and represents the entire agreement between You and Rezbandz.com.
By participating in this transaction, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, including our Website and Service Terms of Agreement and the Registration Terms of Agreement along with any new, different or additional terms, conditions or policies.
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 Rezbandz.com, whether or not the transactions were in Your behalf.
In consideration for the services and products ("service") purchased by You and provided to You by Rezbandz.com, You agree to pay in full before Rezbandz.com provides any services. Unless specifically authorized by Rezbandz.com, credit is not provided. Personal Checks, Money Orders and Wire Transfers are not acceptable. It is Your responsibility to make payment arrangements. Payments are non-refundable. You agree that Rezbandz.com will not be responsible for cancelled Advertising Campaigns that You fail to renew. In any case, if You fail to renew Advertising Campaigns in a timely fashion, additional charges may apply.
Effective January 01, 2012, Rezbandz.com will not participate or endorse any nickle and dime schemes or pro-rate any Advertising Campaigns. All services rendered are paid in full as established by You.
If for any reason Rezbandz.com is unable to charge You for the full amount owed Rezbandz.com for the service provided, or if Rezbandz.com is charged a penalty for any fee, You agree that Rezbandz.com may pursue all available remedies in order to obtain payment.
You agree that among the remedies Rezbandz.com may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You. Rezbandz.com reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be paid in full by You.
You agree to and understand that Rezbandz.com retains all original artwork, materials, documents, pictures, photoshop "psd" files and adobe acrobat "pdf" files. Rezbandz.com reserves the right.
2. Term of Agreement; Modifications:
The term of this agreement shall continue in full force and effect as long as You have a Advertising Campaign through Rezbandz.com. You agree that Rezbandz.com may modify this agreement from time to time. Rezbandz.com may also discontinue services it provides under this agreement. You agree to be bound by any changes Rezbandz.com may reasonably make to this agreement when such changes become effective. Should You elect to cancel Your agreement with Rezbandz.com You will not receive a refund for any fees You may have paid to Rezbandz.com. You agree that Rezbandz.com shall not be bound by any representations made by third parties who You may use to purchase services from Rezbandz.com, and that any statements of a general nature, which may be posted on Rezbandz.com web site or be contained in Rezbandz.com promotional materials, will not bind Rezbandz.com.
3. Up to Date Information; Use of Information and Expiration:
- You agree to notify Rezbandz.com within five (5) business days when any of the information You provided as part of the registration process changes. It is Your responsibility to keep this information in a current and accurate status. Failure by You, for whatever reason, to provide Rezbandz.com with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this agreement. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Rezbandz.com to determine the validity of information provided by You, shall also be considered to be a material breach of this agreement.
- You agree to retain a copy for Your record of the receipt for purchase of Your Advertising Campaign.
- You agree that for each Advertising Campaign registered by You, the following contact data is required: postal address, email address, telephone number, and if available, a facsimile number for the registered name holder and, if different from the registered name holder, the same contact information for, a personal contact, an administrative contact and a billing contact.
4. Suspension of Services; Breach of Agreement:
You agree that, in addition to other events set forth in this agreement;
- Your ability to use any of the services provided by Rezbandz.com is subject to cancellation or suspension in the event there is an unresolved breach of this agreement and/or suspension or cancellation is required by any policy now in effect or adopted later, and
- Your registration of any advertising Campaign shall be subject to suspension or cancellation pursuant to any adopted specification or policy, or pursuant to any Rezbandz.com procedure not inconsistent with an adopted specification or policy.
You agree that Your failure to comply completely with the terms and conditions of this agreement and any Rezbandz.com rule or policy may be considered by Rezbandz.com to be a material breach of this agreement and that Rezbandz.com may provide You with notice of such breach either in writing or electronically (i.e. email).
In the event You do not provide Rezbandz.com with material evidence that You have not breached Your obligations to Rezbandz.com within five (5) business days, Rezbandz.com may terminate its relationship with You and take any remedial action available to Rezbandz.com under the applicable laws. Such remedial action may be implemented without notice to You and may include, but is not limited to, canceling the registration of any of Your Advertising Campaigns and discontinuing any services provided by Rezbandz.com to You.
No fees will be refunded to You should Your agreement be cancelled or services be discontinued because of a breach. Rezbandz.com failure to act upon or notify You of any event, which may constitute a breach, shall not relieve You from or excuse You of the fact that You have committed a breach.
5. Restriction of Services; Right of Refusal:
You agree not to use the services provided by Rezbandz.com, or to allow or enable others, to use the services provided by Rezbandz.com for the purposes of:
The transmission of unsolicited email (Spam).
If You are Advertising Your Advertising Campaign's on Rezbandz.com, or are using our systems to forward a URL, or otherwise to a system or site hosted elsewhere, or if You have your Advertising Campaign registered with Rezbandz.com, You are responsible for ensuring that there is no excessive overloading on Rezbandz.com systems. You may not use Rezbandz.com and Your Advertising Campaign as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, or other abusive attack. System hacking or other perpetration of security breaches is prohibited. You agree that Rezbandz.com reserves the right to deactivate Your Advertising Campaign from its system if Rezbandz.com deems it is the recipient of activities caused by your site that threaten the stability of its network. You agree that Rezbandz.com, in its sole discretion and without liability to You, may refuse to accept the registration of any Advertising Campaign. Rezbandz.com also may in its sole discretion and without liability to You delete the registration of any Advertising Campaign during the first thirty (30) days after registration has taken place.
Rezbandz.com may also cancel the registration of a Advertising Campaign, after thirty (30) days, if that Advertising Campaign is being used, as determined by Rezbandz.com in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are torturous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm or use unethically minors in any way. In the event Rezbandz.com deletes the registration of a Advertising Campaign being used in association with spam or morally objectionable activities, no refund will be issued.
6. Limitation of Liability:
You agree that Rezbandz.com entire liability to you under this agreement, and your only remedy, in connection with any service provided by Rezbandz.com, to you under this agreement, and for any breach of this agreement by Rezbandz.com, shall be limited to the fees you paid to Rezbandz.com for the particular service in contention.
Rezbandz.com and its agents and contractors shall not be liable for any direct, indirect incidental, special, or consequential damages resulting from the use of or inability to use any of Rezbandz.com services or for the cost of obtaining substitute services. Because certain states do not permit the limitation of elimination of liability for certain types of damage, Rezbandz.com's liability shall be limited to the smallest amount permitted by law.
Rezbandz.com disclaims any loss or liability resulting from:
- access delays or interruptions to our web site registration system
- data non-delivery or mis-delivery between You and Rezbandz.com
- events beyond our control (i.e. acts of God)
- the loss of registration or processing of a Advertising Campaign
- the failure for whatever reason to renew a Advertising Campaign
- the unauthorized use of Your account with Rezbandz.com or any of services provided to You by Rezbandz.com
- errors, omissions or misstatements
- deletion of, failure to store, or failure to process or act upon email messages
- processing of updated information to Your registration record
- errors taking place with regard to the processing of Your application
- any act or omission caused by You or Your agent (whether authorized by You or not)
You agree to release, defend, indemnify and hold harmless Rezbandz.com and its contractors, agents, employees, offices, directors, and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to Your (including Your agents, affiliates or anyone using Your account with Rezbandz.com whether or not on Your behalf, and whether or not with Your permission) use of the services provided by Rezbandz.com. Should Rezbandz.com be notified of a pending law suit, or receive notice of the filing of a law suit, Rezbandz.com may seek a written confirmation from You concerning Your obligation to indemnify Rezbandz.com.
Your failure to provide such a confirmation may be considered a breach of this agreement.
8. Representation and Warranties:
You warrant that all information provided by You as part of the registration process is complete and accurate. You also warrant that each registration You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's registration, trademark or trade name. You also warrant that the Advertising Campaign being registered will not be used in connection with any illegal activity.
You agree that Rezbandz.com makes no representations or warranties or any kind in connection with this agreement and specifically makes no guaranty to You against the possibility of objection 1to, or challenge of, the registration or use of any domain name You register with Rezbandz.com.
9. Disclaimer of Warranties:
Rezbandz.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Rezbandz.com makes no warranty that its service(s) will meet your requirements, or that the service(s) will be uninterrupted, timely, secure, or error free, or that defects will be corrected.
Rezbandz.com does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.
10. Severability; Entirety:
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.