Terms of Service
Internet Marketing Terms and Conditions
THESE ARE THE TERMS AND CONDITIONS (“Agreement”) APPLICABLE TO THE PURCHASE AND SALE OF INTERNET MARKETING RELATED SERVICES BETWEEN ___________________ (“Customer”, “you” or “your”) AND BLUE SKY WEB MARKETING (“Blue Sky Web Marketing”, “us” “we” or “our”).
IN ADDITION, YOU MAY ELECT TO PURCHASE ADDITIONAL SERVICES FROM BLUE SKY WEB MARKETING OR OTHER THIRD PARTIES, WHICH HAVE THEIR OWN TERMS AND CONDITIONS AGREEMENTS AND ACCEPTABLE USE AGREEMENTS, ASIDE FROM THIS AGREEMENT. THOSE AGREEMENTS WILL BE PRESENTED TO CUSTOMER AT THE TIME OF PURCHASE AND/OR ACCOUNT LOGIN, AND IT IS THE CUSTOMERS' OBLIGATION TO REVIEW, ACCEPT AND ABIDE BY THOSE AGREEMENTS AS WELL AS THIS AGREEMENT.
1. Blue Sky Web Marketing will provide Customer with Online Marketing and Internet Promotional Services (the "Services") including, but not limited to, Consulting, Pay Per Click Advertising, and/or technical services to implement Internet marketing services.
2. Depending on the method of sale, Blue Sky Web Marketing shall provide Customer with Services at the prices designated in the proposal above. All set up and monthly fees are non-refundable and you are obligated to pay for the full amount of the Agreement, even if such full amount is scheduled to be paid in monthly installments. If Customer elects to pay for the Services in monthly installments, all monthly installments must be received on or before the applicable due date. Should any payments become delinquent, Blue Sky Web Marketing may suspend or cancel the Services, including removal of Customer's Services; however charges will continue to accrue in accordance with the Term and prices of this Agreement. Blue Sky Web Marketing may bill an additional charge to reinstate a suspended Customer account. Upon reinstatement of a suspended Customer account, Blue Sky Web Marketing does not warrant or guarantee that the Customer's Services will be re-established in the same or comparable position as Customer may have had prior to suspension. If Blue Sky Web Marketing provides any Service discount to Customer and Customer defaults on its payments or obligations as outlined herein, Blue Sky Web Marketing may rescind all discounts and require full payment for the Services. Blue Sky Web Marketing reserves the right to refer any amounts owed hereunder to a third party for collection in the event of ongoing default. Blue Sky Web Marketing may change any fee, rate or plan at any time upon notice to Customer in accordance with Section 15 herein.
3. Payment for Services will be made via a check, PayPal payment or electronic funds transfer. Customer understands that except as specifically provided herein, any fees or monthly charges are nonrefundable.
4. Blue Sky Web Marketing makes no guarantees with respect to usage statistics or levels of impressions for any Services provided.
5. Customer represents to Blue Sky Web Marketing that a) All materials provided by Customer to Blue Sky Web Marketing complies with all applicable federal, state, and local laws, regulations and rules; b) No materials provided by Customer to Blue Sky Web Marketing violates or infringes upon any rights of third parties, including, without limitation, trade names, trademarks, copyrights, patents, rights of privacy, or contractual rights; c) Customer will use the Blue Sky Web Marketing provided Services for lawful purposes only, and will not violate or infringe upon rights of others, or use the Services in a manner which is threatening, abusive, defamatory, invasive of public or private rights, vulgar, obscene or otherwise objectionable or which encourages or facilitates criminal or illegal conduct; and d) Customer is at least eighteen years old. Blue Sky Web Marketing reserves the right to reject any content that it deems to be in violation of this section, or which is otherwise objectionable.
6. This Agreement involves the sale of services and not the sale of goods. Blue Sky Web Marketing does not guarantee or warrant any sales results in connection with the Services purchased. Reasonable care is taken to ensure that online marketing is accurate, although Blue Sky Web Marketing does not guarantee 100% accuracy. EXCEPT AS EXPRESSLY STATED HEREIN, CUSTOMER'S USE OF THE SERVICE IS AT ITS OWN RISK AND BLUE SKY WEB MARKETING DISCLAIMS ANY AND ALL WARRANTIES TO CUSTOMER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. BLUE SKY WEB MARKETING DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. Blue Sky Web Marketing's entire liability and Customer's exclusive remedy against Blue Sky Web Marketing for any failure of service under this Agreement, or the performance or non-performance of any obligation under this Agreement, shall be limited to a refund of the amounts paid to Blue Sky Web Marketing during the period of time that the services contracted for were interrupted or not provided properly or continuously. Blue Sky Web Marketing disclaims and shall not be liable for any other loss, injury, cost or damage suffered by Customer and shall in no event be liable for consequential, special or incidental damages, including lost profits, loss of use, claims of third parties, or other losses of any kind.
7. Customer agrees to defend, indemnify and hold harmless Blue Sky Web Marketing's officers, directors, employees, agents, and affiliates from, against and in respect of: (i) any and all losses, damages or deficiencies resulting from any third party claim against Blue Sky Web Marketing in connection with Services rendered hereunder and (ii) all costs and expenses incident to any and all actions, suits, proceedings, claims, demands, assessments or judgments in respect thereof regardless of the merit thereof, including Blue Sky Web Marketing's reasonable legal fees and expenses (whether incident to the foregoing or to Blue Sky Web Marketing's enforcement of said rights of defense and indemnity).
8. Advertisements or other promotional materials/content are accepted by Blue Sky Web Marketing upon the representation that Customer has the right to publish the contents of the advertisement or promotional materials/content without infringing the rights of any third party and without violating any law. In consideration of such publication, Customer agrees, at its own expense, to indemnify, defend and hold harmless Blue Sky Web Marketing, and its employees, representatives, agents and affiliates, against any and all expenses and losses of any kind (including reasonable attorneys' fees and costs) incurred by Blue Sky Web Marketing in connection with any claims, administrative proceedings or criminal investigations of any kind arising out of publication of the advertisement and/or any material, product or service of Customer to which users can link through the advertisement or promotional materials/content (including without limitation, any claim of trademark or copyright infringement, defamation, breach of confidentiality, privacy violation, false or deceptive advertising or sales practices).
9. Depending on the method of acceptance, the Term of this Agreement shall commence upon either 1) The recorded order verification, 2) The date Customer's signature appears on the proposal acceptance, or 3) The date Customer's signature appears on the Order Form, and shall continue for the period specified therein. Any renewal of this Agreement and acceptance of any Services order shall be at Blue Sky Web Marketing's. Pricing for any renewal period is subject to change by Blue Sky Web Marketing. Blue Sky Web Marketing may terminate this Agreement at any time for any reason whatsoever upon fifteen (15) days prior written notice to Customer. Additionally, Blue Sky Web Marketing reserves the right to suspend or terminate Services immediately with or without notice to Customer if Blue Sky Web Marketing determines, in its sole discretion, that Customer has failed to comply with its payment obligations as set forth in this Agreement or if Blue Sky Web Marketing determines Customer is utilizing the Services in a manner that is unlawful, illegal, or infringing upon the rights of third parties. Furthermore, Customer agrees to abide by any applicable rules, regulations and/or Acceptable Use standards of Blue Sky Web Marketing that may be applicable to the Services from time to time in the future.
10. This Agreement shall be governed by the laws of the State of California, without giving effect to principles of conflict of laws contained herein. Customer agrees that any judicial proceeding for the breach of or enforcement at law or equity of this Agreement or any provision hereof shall be instituted only in a federal or state court of competent jurisdiction in the city of Pleasant Hill and the State of California, and Customer consents to the jurisdiction of such court, and waives the right to challenge the jurisdiction of such court on grounds of lack of personal jurisdiction or to seek a change of venue. This Agreement constitutes the entire agreement of the parties relative to its subject matter, and shall not be waived, modified, or supplemented in whole or in part by Blue Sky Web Marketing except in a message signed by Blue Sky Web Marketing or posted by Blue Sky Web Marketing. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
11. Notice to Customer shall be deemed effective when a) sent via e-mail to the last known Customer contact e-mail address, or if none, to the last known Customer fax number, or if none, when deposited in first-class U.S. mail with sufficient postage attached addressed to the last known Customer mailing address.
12. Customer acknowledges that Customer has read this Agreement, understands it and agrees to be bound by its terms and conditions. If an agent or representative of Customer executes this Agreement on behalf of the Customer, the agent or representative represents that he/she has full authority to enter this Agreement on behalf of Customer, and the undersigned agent or representative hereby personally guarantees any payment or performance obligations of Customer as outlined herein. In the event that written execution of this Agreement is required by Blue Sky Web Marketing, Customer agrees that faxed copies of this Agreement containing the written dates and signatures of the parties shall be deemed as original copies.
