TERMS OF SERVICE

These Terms of Service (“Terms”) serve as a binding contract between Regear Marketing (RGM) and you (“Client”). When placing an order, accepting an invoice, and making payments through RGM, the Client accepts these Terms.

Acceptance of Terms It is important that the Client read and understand these Terms. Terms are limited to those contained within Regear Marketing’s statement. Clients who present additional and/or different terms than the original material will be given notice of objection and/or rejection.

When a Client accepts the delivery of any service and/or project coinciding with RGM invoices or other documentation, Client accepts these Terms; and is bound to the statement of work and agreement of sale, unless RGM and Client have authorized and signed a separate binding document that states otherwise.

If Client rejects the Terms set forth in this document, RGM has no obligation to enter into a Client Agreement or Purchase Order, and may refuse to enter into a Client Agreement or Purchase Order.

Important Information about Terms of Service RGM reserves the right to change the Terms without prior notice. The Terms that are posted on the RGM website at the time of Client’s first payment will govern the service/project in question.

These Terms make up the full agreement between the Client and RGM pertaining to services and projects purchased through the RGM website. The Client agrees to receive electronic records, which may be obtained via a web browser or email application connected to the Internet.

Product & Service Descriptions RGM services include, but are not limited to, the following:  website design and development, graphic design, social media management, content creation, Internet-based marketing, and other web-related services. Other services may include, but not be limited to:  support and modification of websites, e-commerce, memberships, database development, easy CRM for updating websites, email accounts, and additional web-related services.

Client understands that RGM’s services may include certain communications from RGM such as advertisements, notices, service announcements, and newsletters. Client is responsible for fees associated with any third party website elements; including hosting, domain registrations and renewals, security certificates, merchant accounts, gateways, plugins, and other additional fees attached to third party services. Client understands that any RGM services may be suspended or terminated if Client does not maintain necessary third party services. Client is responsible for all equipment and software necessary to access RGM’s services.

Electronic Delivery RGM is a web-related business and communicates with Clients electronically. When a Client accepts the Terms, Client consents to receive any notices, progress reports, agreement, disclosures, or other communications (“Notices”) from RGM. Client agrees that RGM may send Notices in any of the following ways:  to the email address provided by the Client at the time of sale, or the new email address account that Client establishes through RGM. Client agrees to check the designated email address(es) regularly for Notices. All Notices from RGM are effective at the time they are sent by RGM, whether or not the note is read by the Client.

Privacy Personal data and certain information about the Client are subject to RGM’s Privacy Policy. For more information, see the privacy policy HERE. By using RGM’s services, Client agrees to the most current version of RGM’s Privacy Policy.

Confidential Information Client acknowledges and agrees that any information and/or ideas submitted to RGM, by any means, may be used by RGM without compensation or liability to Client, for any purpose whatsoever. Purposes may include:  enhancing services, developing websites, databases, e-commerce development, manufacturing and marketing other products. This provision does not apply to Client content or to personal information that is subject to RGM’s Privacy Policy.

Call Monitoring/Recording Privacy Statement As part of RGM’s commitment to provide Clients with the best service possible, RGM may monitor and/or record telephone calls to and from RGM. RGM may also archive recorded voicemail messages. RGM records phone calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may prove useful in supporting transactions that take place over the telephone. RGM undertakes such actions in order to identify how to better serve Clients.

Abuse of Service and/or Right to Refuse Service Clients may not transmit, reproduce, or exploit any information, software, or other materials obtained through RGM for commercial purposes (excluding purposes permitted by the provider of such information, software, or material). RGM assumes no obligation to monitor the services.

RGM reserves the right to refuse service without notice or to remove any information at its sole discretion.

Zero Tolerance for Abuse Regear Marketing does not tolerate abusive Clients and expects all Clients to respect and abide by the Terms set forth within RGM’s website and Client contracts. Clients who verbally abuse members of the RGM team, or do not follow the guidelines pertaining to completion of projects and/or communicating support requests may have services terminated immediately without refund.

RGM does not tolerate abusive, offensive, or dangerous behavior or language. Abusive communication, in any form (email, phone, in-person, or otherwise), is not tolerated.

Legal Matters At any time, if Client or RGM feels it is necessary to escalate matters or disputes to the legal system, RGM will immediately freeze all services, communication, and transactions with the client until such time as the case has been decided and/or resolved. RGM is not responsible for presumed lost profit, incomplete work, or email communication during this time. The same applies if a client threatens or implies that they are seeking legal counsel. RGM will not work for a client under threat of a lawsuit or other legal actions.

If Client seeks legal counsel, client is responsible for all fees associated with the process.

Unacceptable Practices RGM strives to offer the best services. There are certain guidelines and policies that govern RGM’s efforts and relationships with Clients. Practices that are in violation of these guidelines and policies are forbidden and will result in the immediate termination of RGM’s services. Client acknowledges and agrees that RGM has sole discretion over decisions regarding compliance of these guidelines and policies. Unacceptable practices include, but are not limited to:

  • Adult and/or pornographic material including, but not limited to:  sexually explicit or suggestive material
  • Sex-oriented products or material
  • Nudity, including airbrushing (exception allowed on a case-by-case basis, i.e. medical or artistic purposes)
  • Offensive or otherwise distasteful material
  • Bulk emailing tools
  • Distribution of Internet viruses or other harmful and/or destructive activities
  • Gambling, lotteries, and similar activities
  • Harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racist, chauvinistic, ethnically offensive and/or otherwise objectionable content and/or language
  • Defamatory, hateful, or vengeful content or language
  • Content or language inappropriate for minors (exception allowed on a case-by-case basis with proper documentation, i.e. wine e-commerce with age verification form to enter)
  • Illegal activities such as Ponzi schemes, fraudulent charging of credit cards, copyright violations, plagiarism, software piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties
  • Intentional or unintentional violations of any applicable local, state, national, or international laws
  • Reselling email and hosting accounts to third parties
  • Reselling any RGM services including, but not limited to:  design services and updates to third parties without a written re-seller agreement
  • Spamming and all other forms of unsolicited messages including, but not limited to:  spam, pyramid schemes, chain letters, and junk email
  • Links to other sites that are in violation of RGM’s guidelines and policies
  • Other activities, whether lawful or unlawful, that RGM deems to be in poor taste, or that reflect adversely on RGM or RGM Clients

RGM reserves the right to refuse services anytime, based solely on RGM’s discretion.

Abuse of Mail Services/Engagement Tools Client may not use RGM’s mail services or services used to engage in, foster, or promote illegal, abusive, or irresponsible behavior including, but not limited to:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network
  • Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
  • Interference with service to any user of the RGM or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  • Use of an Internet account or computer without the owner's authorization;
  • Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
  • Collecting or using information without the consent of the owner of the information;
  • Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
  • Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
  • Use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft's "ad/remove" tool); or
  • Any conduct that is likely to result in retaliation against the RGM network or website, or RGM’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).

Bulk Email Client may not use a RGM mail service to send bulk mail.

Mail Requirements Client shall comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial email. In addition, Client's bulk and commercial email must meet the following requirements:

  • Client's intended recipients have given their consent to receive email from Client via some affirmative means, such as an opt-in process;
  • Client's procedures for seeking consent include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given;
  • Client retains evidence of each recipient's consent in a form that can be promptly produced on request, and Client honors recipient's and RGM's requests to produce consent evidence within 72 hours of receipt of the request;
  • Client has procedures in place that allow a recipient to revoke their consent - such as a link in the body of an email, or instructions to reply with the word "Remove" in the subject line;
  • Client honors revocations of consent within 48 hours, and notifies recipients that the revocation of their consent will be implemented in 48 hours;
  • Client must post an email address for consumers to address complaints (such as info@yourdomain.com or abuse@yourdomain.com) in a conspicuous place on any website associated with the email;
  • Client may not obscure the source of an email in any manner, such as omitting, forging, or misrepresenting message headers or return addresses. Client's emails must include the recipient's email address in the body of the message or in the "TO" line of the email;
  • The subject line of the email must clearly describe the subject matter contained in the email, and the message must include valid contact information; and
  • Client must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days.

These policies apply to messages sent using RGM services, or to messages sent from any network by the Client or any person on Client’s behalf that directly or indirectly refer the recipient to a site or an email address connected to RGM services. In addition, you may not use a third party email service that does not practice similar procedures for all its customers. These requirements apply to distribution lists prepared by third parties to the same extent as if the list were created by you.

RGM may test and otherwise monitor your compliance with its requirements. RGM may block the transmission of email that violates these provisions. RGM may, at its discretion, require certain Clients to seek advance approval for bulk and commercial email, which approval will not be granted unless the Client can demonstrate that all of the requirements stated above will be met.

Unsolicited Communications You may not use your service to send email or any other communications to a person who has indicated that they do not wish to receive it. If the communication is bulk mail, then you will not be in violation of this section if you comply with the 48 hour removal requirement described above.

Vulnerability Testing You may not attempt to probe, scan, penetrate or test the vulnerability of a RGM system or network, or to breach RGM’s security or authentication measures, whether by passive or intrusive techniques, without RGM’s express written consent.

Newsgroup, Chat Forums, Other Networks You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

You must comply with the rules of any other network you access or participate in using your RGM services.

Offensive Content You may not publish, transmit or store on or via RGM’s network and equipment any content or links that RGM reasonably believes:

  • Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;
  • is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
  • is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  • is defamatory or violates a person's privacy;
  • creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
  • improperly exposes trade secrets or other confidential or proprietary information of another person;
  • is intended to assist others in defeating technical copyright protections;
  • infringes on another person's copyright, trade or service mark, patent, or other property right;
  • promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
  • is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to RGM; or
  • is otherwise malicious, fraudulent, or may result in retaliation against RGM by offended viewers or recipients, or is intended to harass or threaten.

Content "published or transmitted" via RGM’s network or equipment includes web content, email, bulletin board postings, chat, tweets, and any other type of postings or transmissions that rely on the Internet.

Copyrighted Material Client may not use RGM’s network or services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image, or other work protected by copyright law unless:

  • Client has been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
  • Client is otherwise permitted by established copyright law to copy the work in that manner.
  • It is RGM’s policy to terminate, in appropriate circumstances, the services of Clients who are repeat offenders.

Email Retention The following rules apply to the retention of emails connected to RGM mail servers:

  • All read email will be retained indefinitely as long as you do not exceed the maximum storage quota for your mailbox, which is determined at the time of setup.
  • Client is responsible for emptying email trash folder.
  • Client is responsible for monitoring and/or deleting email contained in spam folder.
Other
  • Client must have valid and current information on file with domain name registrar for any domain connect to RGM.
  • Client may only use IP addresses assigned to you by RGM in connection with your RGM services.
  • Client agrees that if the RGM IP numbers assigned to Client account are listed on an abuse database (like, for example, Spamhaus), you will be in violation of RGM Terms, and RGM may take reasonable action to protect its IP numbers, including suspension and/or termination of Client services, whether or not the IP numbers were listed as a result of Client actions.

Service Level Agreement No credit and/or refund will be available under a RGM service level agreement for interruptions of service due to Client’s failure to maintain associated services with RGM or third party vendors.

As a RGM Client, you agree to conduct your business in a legal and professional manner. As a RGM Client, you acknowledge and agree that all information, data, text, software, music, sound, photographs, video, messages and other material on Client’s website is the sole responsibility of the Client. Client is fully responsible for all website content and agrees to hold RGM harmless in the event of third parties’ legal issues brought against Client for Client’s business practices. RGM retains the right to terminate any accounts that are in violation of these Terms. At RGM’s sole discretion, at anytime; RGM may discontinue providing services, or any part thereof, with or without notice. If an account is terminated by RGM for Terms violation, Client is not eligible for any type of refund (exceptions allowed on case-by-case basis as determined by RGM senior managers).

As a RGM Client, you may have access to editing tools for your website. Client may add, edit, or delete content to or from the website at anytime. Accordingly, RGM may or may not pre-screen content. RGM has the right, but no obligation, to pre-screen and refuse or remove any content at its sole discretion. Client agrees that Client bears all risks associated with the use of all content, whether edited or written by RGM, including any reliance upon accuracy, usefulness or completeness.

Client acknowledges that RGM may access, preserve, and disclose Client’s account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal processes, enforce the Terms, provide customer service or protect the rights, property, or safety of RGM and the public.

Intellectual Property RGM respects copyright laws and the intellectual property of others. RGM may terminate services and/or accounts for copyright infringement.

RGM will not use copyrighted or trademarked materials on any Client's website without the express written consent of the copyright or trademark owner. It is Client's responsibility to ensure that all content submitted to RGM is original content and free from third party copyright or trademark protection, or to obtain permission to use copyrighted or trademarked materials from the copyright or trademark owner. Client assumes full liability for any infringement of any third party's copyright or trademark rights as a result of the use of protected materials on Client's website including, but not limited to:  any infringement due to website content, website design or the look and feel of Client's website. (See Unacceptable Practices.)

Client content that is sent to RGM will remain the intellectual property of Client. RGM does not return original content to Client. Unless a request to return the original content to Client is made in writing upon submission of the content, the content will be destroyed. RGM will attempt to honor requests to return original content; however, RGM has no liability and does not guarantee the return of any content to Client.

Domain names purchased by RGM and website designs, databases, stores, or programs created by RGM, are the property of RGM until Client has paid all costs and fees associated with RGM services.

International Use Recognizing the global nature of the Internet, Client agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, Client agrees to comply with all laws regarding the transmission of technical data exported from the United States, or the country in which Client resides and/or transacts business.

Interstate Communications Client acknowledges that by using RGM’s services Client will be causing communications to be sent through RGM’s computer networks, which may be located throughout the United States. Due to the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications. Client acknowledges that use of RGM’s services results in interstate data transmissions.

PROJECT TIMELINES Regear Marketing, generally, allows up to 30 days for each new website project, start-to-finish. If a project reaches 45 days, it may be subject to termination without refund. Should termination occur, client will not receive any completed portions of the project.

PAYMENTS & FEES Regear Marketing accepts payments via PayPal only. Regear Marketing reserves the right to add, remove, and/or change payment methods at any time without prior notice.

One-time Services and/or Projects A deposit of half (50%) the total project cost is due before Regear Marketing will begin work on a client project. The remaining half (50%) of the project cost is due before final deployment of the completed project.

If final payment is not received within 7 days of the invoice date, a service charge of 5% of the total cost will be applied. If payment is not received within 30 days of the final invoice date, Regear Marketing reserves the right to terminate project without refund; and client will not receive any complete or incomplete parts of the project.

Recurring Services and/or Memberships Initial payments are due upon sign-up and monthly payments will be due on the same date each month thereafter. Billing will continue until such time as client cancels account by email or a “Contact Us” form.

Returned Payments or Insufficient Funds Should there be a returned payment or insufficient funds, the account will be suspended until payments are brought current. A fee of $35 will be charged to client if the matter is not resolved within 7 days from the invoice date. Regear Marketing will terminate the account if payment and fees are not received within 30 days of the monthly due date.

The client’s account may be transferred to a collection agency, at which time Regear Marketing will accept no further payments and/or correspondence from the client. All fees associated with collection will be the sole responsibility of the client; including but not limited to, attorney fees and court costs.

REFUNDS & CANCELLATIONS Regear Marketing does not offer refunds for completed work or services.

One-time services and/or projects that are not complete may be canceled by the client for a fee equal to the amount of work completed at the time of the client’s request. If payment of the fees is not received within 30 days of the final invoice, legal action may be taken at the expense of the client. Upon client cancellation, client forfeits the right to any work completed by Regear Marketing. All work done by Regear Marketing will remain the property of Regear Marketing.

Recurring services or memberships may be canceled at any time; however, please be aware that Regear Marketing does not prorate payments. The service and/or membership will terminate when the client’s current 30-day cycle is complete.

 
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