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Service Agreement

AGREEMENT This agreement describes the entire terms and conditions for the service. provide various services that enable its customers to specify how their search term bids will be managed on various pay-per-click search engines on the Internet. Please read this Agreement carefully. By subscribing to the service, you agree to be bound by these terms and conditions. In this agreement, the terms "customer," "you," and "your" refers to the subscriber to the service. "We" or "our" refers to . Payment: You agree to pay all applicable charges to your account in United States dollars, in accordance with the terms of the service plan you selected, including, if any, all applicable taxes, in accordance with billing terms in effect at the time the fee becomes payable. Customer is required to pay in advance for services. You agree that your service fee is nonrefundable. You may pay by credit card, charge card, debit card, check or wire transfer. You agree and represent that all information you provide for the purpose of subscribing will be accurate, complete and current. If payment cannot be charged to your credit/charge/debit card, for whatever reason, or if there is a chargeback for any reason, reserves the right to either suspend or terminate your account with . Your credit/charge/debit card, or bank account if paying by wire transfer, will be charged at the beginning of each month for the upcoming month, according to the service plan you selected. If you are paying by check, we must receive your check prior to the beginning of the month for which payment is due. reserves the right to suspend a customer's account, or terminate this agreement, for lack of payment, or for delay in receiving payment. For Premium search terms, will calculate your charges based on the maximum number of Premium terms you use each month, for each search engine, and add these charges to your bill for the next month. Privacy: In order to use the service, you will need to provide your contact information, payment information (such as a credit card), and usernames and passwords for the search engines for which you wish to have manage your bids. Additionally, by providing us the usernames and passwords to your search engine accounts, you grant us access to the information in those accounts. will not share any information that you provide us, including information available to us in your search engine accounts, to any third party without your prior written consent. To set up a account, you will need to create a username and password. If you share your username and password with a third party, we are not responsible for any changes made to your account. We reserve the right to terminate this Agreement if we discover that you have shared this information with any third party in violation of this Agreement. Your responsibilities: You have the following responsibilities. You agree to pay according to the terms and conditions of this agreement. You agree to provide us with the login information for each of your search engine accounts that will allow us to perform our services for you within the terms and conditions of this agreement. Furthermore, you agree to notify us promptly if your login information with the search engines change. You agree to be bound by the terms and conditions of the agreement(s) you executed with each of the search engines on which you advertise including, but not limited to, the obligation to make payments to the search engines according to your agreement(s) with them. shall have no obligation to service any account on a search engine for which i) does not have the proper login information; ii) an account has been deactivated or terminated by the search engine, for any reason. Furthermore, shall not have the obligation to attempt to reinstate your account with a search engine that has, for any reason, been deactivated or terminated by a search engine. You agree to establish and maintain your own search engine accounts, unless you have contracted with to provide such services under a separate agreement, and that you are responsible for all content contained in those accounts, including any errors and misspellings. Furthermore, you acknowledge that may not be able to, and does not have the obligation to, perform its services for you, on any or all of your search terms, if one of your search engine accounts contains errors. Right to accept or reject customers: retains the full and sole right to accept or reject any customer. reserves the right to serve any customer, including customers who may compete with each other for placement of their listings on the search engines which services. also reserves the right to reject customers whose sites promote sexually explicit material; promote violence; promote discrimination based on race, sex, religion, national origin, physical disability, sexual orientation or age; promote illegal activities; contain defamatory, libelous, harmful material or otherwise infringe upon the rights of any third parties; or are inconsistent with 's policies and/or practices. Pricing: reserves right to change its pricing at any time by posting its new pricing on its Web site at www.SMedia.info. No guarantee: uses its reasonable best efforts to maintain the availability of its Web site, and to provide timely bid information and perform timely bid updates on the various search engines it services, but 's service is subject to external factors that are beyond our control. These external factors include, but are not limited to, Internet outages, scheduled and unscheduled maintenance by the search engines that cause their services to be unavailable, search engine errors and search engine software bugs. As such, while strives to provide superior quality of services, we do not guarantee the availability of our service, or our ability to provide timely bid information or to make timely changes to your bids on the search engines with which you have accounts. This agreement may be modified: reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on .com. Without limiting the generality of the foregoing, pricing plans, and all other provisions of this agreement are subject to change without notice other than posting such information on .com. You may not change or modify this Agreement. Cancellation of this agreement: Either or the Customer, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other. If terminates your account or if you decide to terminate your account, and you provide notice to , your account will be deemed terminated when receives such notice. If this agreement is cancelled by the customer, the customer shall not be entitled to any refund. Limitation of Damages: shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or its services, even if has been advised of the possibility of such damages. Further, 's aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the most recent payment paid to by the customer. Representations and Warranties: Customer represents and warrants that it has the necessary and full rights, power, authority and capabilities to enter into this Agreement and to perform its obligations hereunder; and that the execution of and performance of its obligations under this Agreement will not violate the rights of any third party, nor any applicable federal, state and local law or regulation. Indemnification: Customer shall defend, indemnify and hold harmless , its directors, officers, employees, affiliates and agents, against any claim, demand, cause of action, debt or liability, including reasonable attorney's fees, to the extent that (i) it is based upon a breach of Customer's representations, warranties or obligations hereunder; (ii) it arises out of the negligence or willful misconduct of Customer; or (iii) it is based upon Customer's violation of any applicable federal, state or local law or regulation in providing products or services hereunder. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS OR CONTRACTORS MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE SERVICE, THE SUCCESS OF YOUR SEARCH LISTING AS MEASURED IN ANY WAY, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICE OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF. HEREBY DISCLAIMS ON BEHALF OF ITSELF AND ALL INFORMATION PROVIDERS, LICENSORS, LICENSEES, CONTRACTORS, CONSULTANTS, AGENTS, ATTORNEYS AND/OR EMPLOYEES OF IT ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF THE SERVICE AND/ OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICE; AND (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. ANY LIABILITY OF , ITS INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, CONSULTANTS, ATTORNEYS OR CONTRACTORS, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURE OF DELIVERY OF MERCHANDISE, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT ALREADY PAID BY YOU TO IN THE PRIOR ONE MONTH PERIOD. IN NO EVENT SHALL , ITS INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, CONSULTANTS, ATTORNEYS OR CONTRACTORS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THIS AGREEMENT, THE USE OR INABILITY TO USE THE SERVICE OR FOR ANY BREACH OF WARRANTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE THAT YOU WILL NOT HOLD RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THE SERVICE, INCLUDING, WITHOUT LIMITATION, THOSE WITH WHOM CONTRACTS TO OPERATE VARIOUS PORTIONS OF THE SERVICE. Cancellation or Termination: If you are dissatisfied with the service or with any of the terms and conditions contained herein, your sole and exclusive remedy is to terminate your account. You may cancel your participation in the service at any time by sending a message to info@.com. Notices: may give general notices to you by posting on www.yourname.com or, if possible, by electronic mail to your email address. You may give notice to by email to sales@smedia.info. Choice of Law: This Agreement shall be construed and controlled by the laws of the State of California. Any dispute arising from this Agreement, including, without limitation, a breach of this Agreement, shall be governed by the laws of the State of California, without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the state and federal courts located in San Francisco. Other: The Customer and are independent parties and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. The Customer shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of . Subject to the foregoing restriction, this agreement is binding upon, inures to the benefit of and is enforceable by the parties and their respective successors and assignees. By signing up for the service you are accepting the terms of this Agreement.