End-Users
License Agreement .
This
End-User License Agreement ("EULA") is a legal
agreement between you (individual or single entity) and
SupexPayPro.com (herein referred to as "SupexPayPro.com")
for the use of the SupexPayPro.com software accompanying
this EULA, which includes SupexPayPro.com computer software
and online or electronic documentation (herein referred
to "Software"). By exercising your right to use
the Software, you agree to the terms of this EULA. If you
do not agree to the terms of this EULA, do not complete
the order at this time.
SOFTWARE SERVICE LICENSE:
Subject to payment of applicable license fees, Licensor
grants Licensee a non-exclusive and non-transferable license
to use the executable code of the Software Product and accompanying
documentation according to the terms and conditions of this
Agreement. The Software Service is protected by copyright
laws and international copyright treaties as well as other
intellectual property laws and treaties. The Software is
delivered as a service and is licensed (rented), not sold.
RIGHTS OF SERVICE:
SupexPayPro.com grants you a nonexclusive, royalty-free
right to use ONE COPY of the Software. Your one copy may
be used for multiple Affiliate Programs accross multiple
domain names. Code will be installed by licensor on Licensee's
website upon request, and at a fee, to initiate functionality
of the Software from Licensor's computer servers. The licensor
reserves the right to refuse a license of Software Product
to a licensee for reasons such as, but not limited to, licensee
is promoting controversial material, product or service,
if licensee is doing anything suspected to be illegal. In
such a case, licensor will refund the full purchase price
of the Software Product to the Licensee within 30 days of
the notice of refusal to license Software Product to licensee.
Licensee will be given a 30 day unconditional money back
guarantee beginning immediately after purchase of software.
After 30 days has passed, Lincensee will not be eligible
for refund of purchase.
COPYRIGHT:
All title and copyrights in and to the Software (including
but not limited to any image, photographs, animations, video,
audio, music, or text incorporated into the Software) are
owned by QuickPayPro, LLC - www.QuickPayPro.com.
The Software Service is protected by copyright laws and
international treaty provisions. Therefore, you must treat
the Software like any other copyrighted material.
OTHER RESTRICTIONS:
This EULA is your proof of license to exercise the rights
granted herein and must be retained by you. You may not
reverse engineer, decompile, or disassemble the Software
except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
NO SPAM POLICY:
SupexPayPro.com does not and will not tolerate the sending
of unsolicited email messages and will prosecute all offenders
to the fullest extent of the law.
You must immediately terminate any Affiliate found in violation
of this policy. This includes but is not limited to Affiliates
that use the Mailing List Manager, Autoresponders, or Refer-a-Friend
Service, and Affiliates who use their own email programs/accounts
to send unsolicited mailings regarding your Affiliate Program
or your products/services. If you do not immediately terminate
such Affiliates, SupexPayPro.com reserves the right to do
so.
You will be found in violation of this policy if you send
unsolicited mailings using any portion/feature of the Software/Service
including an Affiliate Link, or if you allow your Affiliates
to send unsolicited mailings. Violation of this policy is
terms for immediate termination and refusal of future use.
SupexPayPro.com
strictly prohibits harassment, whether through language,
frequency, or size of messages. Forging of header information
is not permitted.
SupexPayPro.com
does not allow remote posting to the subscriber database
by 3rd Party List generator such including but not limited
to co-registration services.
SupexPayPro.com
does not allow unsolicited mail (UCE). This includes "Spamming"
and "Bulk Mail" sent to persons who have otherwise
not requested to receive such mail. Please note that this
includes FFA page submission lists, or any other bulk list
of recipients that have not specifically asked to receive
email from you,
including, but not limited to: sending unsolicited commercial
email, sending any message to a recipient who did not request
it, cross-posting messages to a large number of newsgroups
or discussion groups, using a SupexPayPro.com account in
association with any FFA pages, safe lists or mass distribution
resources. If you violate this policy you will be subject
to the following actions:
- Your
account will immediately be terminated without notice
and without any refund.
- You
will lose all access to your account and databases and
will have no opportunity to retrieve any data from your
existing contacts.
-
You will be charged a $50 administrative fee for every
SPAM complaint we receive.
- You
will be reported to online anti-spam organizations,
your own ISP, and the legal authorities for possible
prosecution.
- You
will be held financially responsible for any damages
incurred to the SupexPayPro.com service as a result
of your violation of the SPAM policy, including, but
not limited to, loss of web host, transferring fees,
damages for lost clientele, and lost fees for "downtime"
due to spam complaints.
This
agreement also strictly prohibits you from using autoresponders
as a default email addresses for any of your SupexPayPro.com
account settings. This includes your Merchant Account Settings,
your Affiliate Account Settings, and your Defualt Email
Settings. The use of an autoresponder for one of these will
cause problems with our system and will be grounds for suspension
of your account, without warning, until the matter is resolved.
TECHNICAL SUPPORT:
SupexPayPro.com offers free incident-based support to resolve
installation issues, product usage, and troubleshooting.
SupexPayPro.com will supply technical support via email
as it pertains to the SupexPayPro.com Software Service.
Integration of Products and maintaining the integrity of
the integration is the responsibility of the Licensee.
Upon receipt of the support request, a SupexPayPro.com.com
support technician will identify the nature of the reported
problem and suggest a proper course of action. This may
include a referral to the product documentation, Help Files
or Frequently Asked Question (FAQ) lists on the SupexPayPro.com.com
web site. If the problem is identified as being either a
third party module issue or an ISP/IHP issue, SupexPayPro.com
Support will refer the merchant to the appropriate source
for a solution.
DATA STORAGE:
The software and data for the SupexPayPro.com Software will
be hosted on SupexPayPro.com servers. SupexPayPro.com.com
does not warrant that your use of the Product will be uninterrupted
or that the operation of the Product will be error-free
or secure. In addition, the security mechanisms implemented
by SupexPayPro.com have inherent limitations, and you must
determine that the Service sufficiently meets your requirements.
While SupexPayPro.com shall make every reasonable effort
to protect and backup data for Licensee on a regular basis,
SupexPayPro.com is not responsible for Licensee's data residing
on SupexPayPro.com.com's servers. Licensee is responsible
for making and keeping current copies of Members and their
related information. Licensee is responsible for all use
of Licensee account and confidentiality of Licensee password
and information.
DATABASE
USAGE :
Standard accounts are limited to 10,000 database records
for a low monthly fee of $45. Additional database records
added to your account will be billed at just $10 per 10,000
additional records (rounded up to the nearest 10,000).
DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABLITY, INDEMNIFICATION
SupexPayPro.com will utilize its best efforts to maintain
acceptable performance of services, but SupexPayPro.com
makes absolutely no warranties whatsoever, express or implied,
including warranty of merchantability or fitness for a particular
purpose. SupexPayPro.com cannot guarantee continuous service,
service at any particular time, or integrity of data stored
or transmitted via its system or via the Internet.
SupexPayPro.com will not be liable for the inadvertent disclosure
of, corruption or erasure of data transmitted or received
or stored on its system. SupexPayPro.com shall not be liable
to Licensee or any of its customers for any claims or damages
which may be suffered by Licensee or its customers, including,
but not limited to, losses or damages of any and every nature,
resulting from the loss of data, inability to access the
Software, or inability to transmit or receive information,
caused by, or resulting from, delays, nondeliveries, or
service interruptions whether or not caused by the fault
or negligence of SupexPayPro.com.
Licensee agrees that it shall defend, indemnify, save and
hold harmless from any and all demands, liabilities, losses,
costs, claims, including reasonable attorney's fees, ('Liabilities')
against SupexPayPro.com.com, its agents, its customers,
servants, officers, or employees, that may arise or result
from any services provided, performed or agreed to be performed
or any product sold by Licensee, its agents, employees or
assigns.
Licensee agrees to defend, indemnify and hold harmless SupexPayPro.com
against Liabilities arising out of any injury to person
or property caused by any products sold or distributed in
connection with SupexPayPro.com's server; and material supplied
by Licensee infringing or allegedly infringing on the proprietary
rights of a third party; copyright infringement and any
defective product which Customer sold on ThirdSphereHosting.com's
Server. As a result of this, Licensee agrees that SupexPayPro.com
shall not be liable to Licensee for any claims of actual,
compensatory and/or consequential damages which may be suffered
by Licensee, including, but not limited to, losses or damages
due to the loss data resulting from delays, non deliveries,
or service interruptions caused by the fault or negligence
of SupexPayPro.com.
Notwithstanding the above mentioned, Licensee's exclusive
remedies, damages, losses and causes of actions shall not
exceed the aggregate dollar amount which Licensee paid during
the term of this Agreement. These terms and agreements may
be changed without any prior notice.
HIGH RESOURCE POLICY:
While SupexPayPro.com has no pre-set limits on email
bandwith and usage, any user that is deemed as impairing
the performance of our servers either by high disk utilization,
high bandwidth usage, or high CPU usage will be entered
into our "High Resource Customer" program. High
Resource users are users that use an excessive amount of
system resources such as bandwidth, storage or CPU utilization.
It is SupexPayPro.com's sole digression to decide which
users are "High Resource" users.
Users
who have been deemed as a "High Resource Customer"
will be subject to the following:
SupexPayPro.com
will charge your credit card on file $300.00 as a security
deposit per occurrence of our HRP or violation of any of
our rules. If the violation is deemed to be an "honest
mistake" and the situation is corrected within 30 days,
the $300 will be refunded. Otherwise, your account will
be closed and no refunds will be given.
SupexPayPro.com's Services May Only be Used for Lawful
Purposes:
Transmission, distribution, or storage of any information,
data or material in violation of United States or state
regulation or law, or by the common law, is prohibited.
This includes, but is not limited to, material protected
by copyright, trademark, trade secret, or any other statute.
SupexPayPro.com reserves the right to remove such illegal
material from its server immediately. SupexPayPro.com expressly
forbids anyone from using SupexPayPro.com's servers for
the propagation, distribution, housing, processing, storing,
or otherwise handling in any way lewd, obscene, or pornographic
material, satanic material, or any other material which
we deem to be objectionable. The designation of any materials
as such described above is left entirely to the discretion
of the Web Hosting Network management.
Unlawful and/or Unethical Use:
SupexPayPro.com does NOT allow users that provide points
of distribution, or links to the following types of sites:
- Adult
Sites - Any erotic or pornographic material, links to
adults sites, or advertisements for adult sites.
- Pirated
Software (Warez) - Any software that is copyrighted
and not freely available for distribution without cost.
Including: ROMs, ROM Emulators, Mpeg Layer 3 files (MP3)
and DVD Videos.
- Hacking
/ Phreaking - Includes sites with material, links, or
resources for Hacking, Phreaking, Viruses, Anarchy,
or any type of site that promotes the destruction or
compromises the integrity of Web Hosting Network.
SupexPayPro.com Services are Intended for the End User Only:
Customers cannot sublease, subhost, or give away control
of any portion of SupexPayPro.com's Network's resources.
For customers who do wish to sublease the service, SupexPayPro.com
offers a very competitive partner program.
Payment Policies:
All accounts are setup automatically and billed in real
time. Confirmation emails should arrive within 15 minutes
to the email specified in your online signup form.
SupexPayPro.com
may run a transaction at least 5 days in advance to antisapate
a declined credit card. This will give the customer at least
4 days from the due date to run the transaction. If the
transaction is run at least 3 times, and the client fails
to update the credit card, the account will be suspended
and or terminated without further notice.
In
some cases if a problem arises with the account, the user
will be notified via e-mail.
All
new accounts are billed on a prepay basis every 30 days,
and will be charged automatically to the card number on
file. If for any reason the card does not clear with the
bank on three attempts, the account is subject to suspension.
Any account not brought current within a week of e-mail
notice or exceeding this time frame in any way is subject
to suspension. If a bank 'charge back' is processed against
our account, the account in question will be terminated
immediately.
The
customer is responsible to keep credit card on file up to
date which includes the expiration date, and sufficient
funds to cover account fees. All credit cards run though
merchant account and are declined for any reason are charged
a $20 reactivation fee. SupexPayPro.com accepts Visa, MasterCard,
American Express & Discover cards.
In
the event the credit card does not clear with the bank,
the customer will be notified by e-mail. Past due accounts
that are not brought current within 5 days of the e-mail
notice are subject to suspension and possible account termination.
At
no time will SupexPayPro.com allow an account to be operational
past the last day of the pre-paid date of services. If user
fails to update the account information, SupexPayPro.com
will suspend the account without further notice and consider
the account closed. Service fees do accrue during any period
of suspension.
Cancellation:
SupexPayPro.com reserves the right to cancel service
at any time. All fees paid in advance of cancellation will
be pro-rated and paid by SupexPayPro.com if SupexPayPro.com
institutes its right of cancellation. Refunds will be issued
within 2 billing cycles on the same credit card used at
signup.
If
cancellation is caused by customers violation of these policies,
then no refund will be disbursed.
Customers
can cancel service any time. Accounts can be canceled by
the account holder at any time via the Support Tab inside
your account or by contacting our Billing Department. This
must be done by the credit card holder. The account will
remain active until the end of the current billing period,
and no refunds will be given for any reason.
*
SupexPayPro.com reserves the right to revise its policies
at any time without prior notification.
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