USER TERMS & AGREEMENT
ACCESS TO THIS WEBSITE IS GRANTED BY ADGLE.COM SUBJECT TO THE FOLLOWING CONDITIONS. IF YOU DO NOT AGREE TO ANY OF THESE CONDITIONS, PLEASE DISCONTINUE YOUR ACCESS.
The information and materials contained in this website, including text, graphics, links or other items, are provided "as is", "as available". Adgle.com does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in such information and materials. Adgle.com periodically updates or improves the materials on this website without notice. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials. Adgle.com does not make any representation, warranty or endorsement of any of the products, services, or information provided in this website.
This website may contain links and references to third-party websites. The linked sites are not under the control of Adgle.com, it may not fully comply with the approved Adgle.com nomenclature and Publication Policy. Adgle.com is not responsible for the content of any linked site or any link contained in a linked site. The links provided here in this website are for your convenience only, and any inclusion of a link does not imply the endorsement of the linked site by Adgle.com.
WEBSITE AND SERVER SERVICE
License of Your website content - Adgle.com grants to You, and You accept from Adgle.com , a non-exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the Internet Your website content in connection with Adgle.com's performance or enforcement of this Agreement.
Availability of Services Subject to the terms and conditions of this Agreement, Adgle.com shall attempt to provide the Services for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Adgle.com may undertake from time to time; or (iii) causes beyond the control of Adgle.com or that are not reasonably foreseeable by Adgle.com , including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that Adgle.com has no control of availability of the Services on a continuous or uninterrupted basis.
Service Availability Guarantee
Adgle.com offers a service uptime guarantee for the Services of 99% ("Service Uptime") of available time. If Adgle.com fails to maintain this level of service availability, You may contact Adgle.com and request a credit of 5% of Your monthly hosting fee from Adgle.com for that month. The credit may be used only for the purchase of further products and services from Adgle.com , and is exclusive of any applicable taxes. The credit does not apply to service interruptions caused by (i) periodic scheduled maintenance or repairs that Adgle.com may undertake from time to time; (ii) errors caused by You from custom scripting or coding; (iii) outages that do not affect the appearance of the web site but merely affect access to the web site such as FTP and email; (iv) causes beyond the control of Adgle.com or that are not reasonably foreseeable by Adgle.com ; and (v) outages related to the reliability of certain programming environments. Total Service Uptime shall be solely determined by Adgle.com and shall be calculated on a monthly basis.
In order to protect our members and ensure the long term growth and success of Adgle, Adgle maintains a ZERO tolerance policy towards the sending of spam emails. Spam email is defined as Unsolicited Commercial Email (UCE). In the event that you send spam email to people without their permission, you risk immediate cancellation of your account and forfeiture of all contacts in that account. When you subscribe the Adgle services, you understand that Adgle neither condones nor tolerates the sending of unsolicited or spam email by its users. You understand and acknowledge that:
It is ILLEGAL to forge headers on emails and it is ILLEGAL to neglect to include a valid functional unsubscribe link along with a valid mailing address in any emails sent out. Anyone caught forging headers or not including a valid functional unsubscribe link will be immediately and permanently terminated from Adgle.
Web Site Content
You shall be solely responsible for providing, updating, uploading and maintaining Your website and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Services. Notwithstanding anything in this Agreement to the contrary, in the event You are using ad-supported hosting, in no event shall Your web site consist of the following: search results, registration, "thank you", error, email or chat pages, pages comprised primarily of other advertising or pages that contain any of the following types of content: pornographic, obscene or excessively profane content or content intended to advocate or advance computer hacking or cracking, gambling, illegal activity, drug paraphernalia, hate, violence or racial or ethnic intolerance.
You acknowledge and agree that Adgle.com shall have the right to seek justification in connection with Your use of the Services, specifically Your purchase of IP addresses, and that You shall be obligated to provide any and all information reasonably sought by Adgle.com pursuant to such justification. You acknowledge and agree that You are required to begin using at least eighty percent (80%) of Your purchased IP addresses within thirty (30) days of assignment of such IP addresses to You. In the event You do not begin using at least eighty percent (80%) of Your assigned IP addresses, You acknowledge and agree that Adgle.com shall have the right to reclaim any unused IP addresses after the expiration of such thirty (30) day period. In connection with such purchase, You acknowledge and agree that Your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the Whois. You represent and warrant to Adgle.com that: Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your website content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your web site. If Your web site includes GIF images and you are not using Adgle.com's software, you must ensure that your GIF images are licensed with Unisys or were created with Unisys Authorized Software. You also warrant that the web site being hosted by Adgle.com will not be used in connection with any illegal activity. If You are hosting Your web site on Adgle.com's servers, You are responsible for ensuring that there is no excessive overloading on Adgle.com's DNS or servers. In the event that You exceed Your allotted bandwidth and thereby overload Adgle.com's DNS or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use Adgle.com's servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Adgle.com reserves the right to remove sites that contain information about hacking or links to such information. Use of your web site as an anonymous gateway is prohibited. Adgle.com prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Adgle.com. You agree that Adgle.com reserves the right to remove Your web site temporarily or permanently from its virtual dedicated servers if Adgle.com is the recipient of activities that threaten the stability of its network. Further, if You are using ad-supported hosting, You acknowledge and agree that Adgle.com has the right to terminate Your Services in its sole discretion and for any reason, including, but not limited to, Your failure or unwillingness to comply with the terms and limitations of this Agreement, specifically, the content and material restrictions set forth in this Agreement. You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: (i) disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email, or unreasonably large volumes of email on a daily basis, provided, Adgle.com, in its sole discretion, may permit You, if You have a legitimate purpose and after request, to send more email than Adgle.com's standard STMP relay limit; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; (vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; (viii) engage in any other activity deemed by Adgle.com to be in conflict with the spirit or intent of this Agreement or any Adgle.com policy; or (ix) use Your server as an "open relay" or similar purposes.
Adgle.com prohibits the running of a public recursive DNS service on any Adgle.com server. All recursive DNS servers must be secured to allow only internet network access or a limited set of IP addresses. Adgle.com actively scans for the presence of public DNS services and reserves the right to remove any servers from the network that violate this restriction.
STORAGE AND SECURITY
At all times, You shall bear full risk of loss and damage to your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree that you are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your web site content; (ii) maintain independent archival and backup copies of Your web site content; (iii) ensure the security, confidentiality and integrity of all your web site content transmitted through or stored on Adgle.com servers; and (iv) ensure the confidentiality of Your password. Adgle.com's servers and virtual dedicated services are not an archive and Adgle.com shall have no liability to You or any other person for loss, damage or destruction of any of Your content. You shall at all times use the Services as a conventional and/or traditional web site. You shall not use the Service in any way, in Adgle.com's sole discretion, that shall impair the functioning or operation of Adgle.com's Services or equipment. Specifically by way of example and not as a limitation, You shall not use the Services as a repository or instrument for placing or storing archived files and/or material that can be downloaded through other web sites.
In the event You terminate, moving your web site off of the Adgle.com virtual dedicated servers is Your responsibility. Adgle.com will not transfer or FTP
Your web site to another provider. In the event Your use of the Services is terminated, Adgle.com will not transfer or manage Your Services or Your website content.
Adgle is not intended to assist You in engaging in unlawful or morally objectionable activities. Therefore, Adgle.com explicitly reserves the right to terminate
Your license if it comes to Adgle.com's attention that You are using Adgle to participate in objectionable activities, which include, but are not limited to, the following: sending unsolicited email or spam; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United states and/or foreign territories in which You live or access the Internet; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, 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; or activities designed to harm minors in any way.
Copyright - The copyright in this website is owned by Adgle.com, its agents and/or professional advisors unless otherwise indicated. No part of parts may be reproduced, distributed, republished, displayed, broadcast, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of Adgle.com. Adgle.com grants permission to users to download and print the materials on this website for personal, non-commercial use, provided that users do not modify the materials and that users retain all copyright and other proprietary notices contained in the materials. Users also may not, without Adgle.com's permission, insert a hyperlink to this website on any other website or "mirror" any material contained on this website on any other server.
Trade Marks - The trade marks, service marks, and logos, including the Adgle.com acronym and Adgle.com Logo ("Trade Marks") used and displayed on this website are registered and unregistered Trade Marks of Adgle.com and others. The Adgle.com acronym and Adgle.com logo may not be used in any way without prior written permission of Adgle.com. Adgle.com prohibits the use of the Adgle.com acronym, the Adgle.com CORPORATION logo and/or any other trade mark owned by Adgle.com as a "hot link" to any Adgle.com site or any other site unless approval is granted in advance by Adgle.com in writing.
Adgle.com retains all rights to the Application, web site templates, forms, and documentation. You are entitled to use this Application, the web templates, forms and documentation to build web sites and post them to the Internet. Adgle and any copies You are authorized to make are the intellectual property of Adgle.com. The source code and its organization are the exclusive property of Adgle.com and Adgle is protected by copyright, including United States
Copyright Law. Except as expressly stated in Section 1 above, this Agreement does not grant You any rights in Adgle and all rights are reserved by Adgle.com.
Adgle.com expressly reserves the right to:
Censor any web site hosted on its servers that, in the Company`s sole opinion, is deemed inappropriate. Review every Web Hosting account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those accounts that exceed allowable levels.
Modify pricing through email notification
Terminate Your license for unsolicited, commercial email or SPAM; illegal access to other computer networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that Adgle.com determines to be harmful to subscribers, operations, its reputation, or otherwise. Terminate Your license if Your use of Adgle results in, or is the subject of, legal action or threatened legal action against Adgle.com or any of its affiliates or partners, regardless of whether or not such legal action or threatened legal action is eventually determined to be with or without merit. The decision to terminate Your license shall be made solely by Adgle.com, and in so doing, Adgle.com shall not be required to consider the merits of legal action or whether threatened legal action will actually come to pass.
Cancellation and Refund Policy
All users must understand and agree to the Cancellation and Refund Policy upon their registeration and subscription to Adgle Services.
All Adgle users must pay the system setup fee. System setup fee is non-refundable.
All Ad Spot fee paid to Adgle Ad Spot Management or Adgle Dealers are non-refundable.
All Adgle users must pay the Annual System Support fee to Adgle Support. The Annual System Support fee is non-refundable.
All users recognize that Annual System Support fee will be billed every year continuously unless that user submits cancellation of the services with Adgle 7 days before the next billing date.
Users may cancel their services at any time by submitting a cancellation request at My Account when login the management account. Also user must cancel the annual payment agreement at the payment gateways. If users failed to pay or unsubscribe the Annual System Support fee from the payment gateway, their account will be cancelled within 7 days unless they reactivate and pay the Annual System Support femanagement fee again. There's no refund for previous payments.
All users with Annual System Support fee are binded to an one-year contract with Adgle. One-time setup fees are final and non-refundable due to the time and resources used by Adgle for services setup.
All payments to Adgle or Adgle Dealer are final and non-refundable.
EXCLUSION OF LIABILITY
Adgle.com SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES, LOSS OR EXPENSE INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE OR ECONOMIC LOSS ARISING FROM OR IN CONNECTION WITH:ANY ACCESS, USE OR THE INABILITY TO ACCESS OR USE THIS WEBSITE, OR RELIANCE ON THE CONTENTS OF THIS WEBSITE; ANY SYSTEM, SERVER OR CONNECTION FAILURE, ERROR, OMISSION, INTERRUPTION, DELAY IN TRANSMISSION, OR COMPUTER VIRUS; ANY USE OF OR ACCESS TO ANY TO OTHER WEBSITE LINKED TO THIS WEBSITE; ANY PRODUCT, SERVICE OR INFORMATION OF ANY MERCHANT OR SERVICE PROVIDER MENTIONED ON THIS WEBSITE.
ANY HYPERLINKS TO ANY OTHER WEBSITES ARE NOT ANY ENDORSEMENT OR RECOMMENDATION OF SUCH WEBSITES AND SUCH WEBSITES SHOULD BE ACCESSED
AT THE USER'S OWN RISKS. THIS EXCLUSION CLAUSE SHALL TAKE EFFECT TO THE FULLEST EXTENT PERMITTED BY LAW.