Terms Of Service
These Terms Of Service Apply To All EggStream Marketing Clients.
Terms Of Service applies automatically to all EggStream Marketing clients upon subscription to the Services including subscription through a third party or any commercial partner. BY SUBSCRIBING TO EggStream Marketing SERVICES YOU ACCEPT THE POLICIES LISTED IN THIS DOCUMENT AND AGREE TO RESPECT THEM. The Service Order is described as the package description as presented on the web site or the "Service Order " document in case of collocation and web services. In this document, Premium Website sections apply to subscribers of the Website packages, PPC Management sections apply to subscribers of the PPC Management package, SEO + Rank Building sections apply to subscribers of the SEO + Rank Building package, Website Maintenance sections apply to subscribers of Website packages that contain Website Maintenance services, Hosting sections apply to subscribers of the Hosting packages, Email Marketing System sections apply to subscribers of the Email Marketing System package, Video Marketing sections apply to subscribers of the Video Marketing package, Email Campaign Management sections apply to subscribers of the Email Campaign Management package, Blog Posting Service sections apply to subscribers of the Blog Posting Service package, Enhanced Lead Generation sections apply to subscribers of the Enhanced Lead Generation package.
All services provided to the Client are bound to our Acceptable Use Policy.
EggStream Marketing, agrees to provide services described in the Service Order(s) signed by the parties(“Services”) to the Client subject to the following Terms of Service (TOS). Use of EggStream Marketing services constitutes acceptance and agreement to these Terms Of Service and all attachments. EggStream Marketing will make all reasonable efforts to provide a quality service to the Client.
Prices Shown On Website
All prices displayed on this website are estimates only and are subject to change without notice. If there is a dispute regarding the pricing of services between this website and the Service Order the prices shown on the Service Order shall prevail.
Term And Termination
The term of this Agreement shall begin upon the date specified on the Service Order and shall be for the period stated in the Contract Length section of the Service Order. If no Contract Length is stated, the term will be of 1 month. Agreement is renewed for successive 1 month after initial commitment until terminated by either Party. After initial commitment stated on the service order, either party may terminate this Agreement on the account's anniversary date (an account anniversary date corresponds to the day of the month at which an account was opened.) (i) for convenience with 30 days before the next anniversary date written notice to the other party, or (ii) if the other party (x) commits a material default (which, in the case of the Customer, will include any failure to make any payment when due) and fails to rectify such default within 10 days after being given notice of such default by the other party, or (y) becomes the subject of any voluntary proceedings under any bankruptcy or insolvency laws, or becomes the subject of any involuntary proceedings under any bankruptcy or insolvency laws which are not dismissed or withdrawn within 60 days after filing.
Cancellation requests must be made using the service "Cancellation Form" or in writing with the customer's signature with at least 30 days notice and sent to : EggStream Marketing, 3411 Mountainside Circle, Corona, CA, 92882.
Termination of the Agreement
Client may end or modify this agreement for convenience only after the initial Contract Length period (30 days in my billing cycle) as stated on the Service Order and only on the monthly anniversary date of my service term. I will provide 30 days written notice of cancellation if I am not satisfied or change my mind. I can provide a 30 day written notice of cancellation at any time within my billing cycle. Termination of this contract will take place on the 30th day after notice was received. Your cancellation notice will serve as your sole remedy to any undesired results or unmet expectations. EggStream Marketing makes no guarantees of results with Google or any search engine and no guarantees are made for results you will have from our social media services, blogging, enhanced lead generation, newsletter promotions or any other services provided to you.
Limitation of Liability
The Client acknowledges that EggStream Marketing grants full access to and permits the Client at any time to install and manage their own websites, software, services, accounts and applications including but not limited to WordPress, Google Adwords and other accounts created for the Client as part of the Service Order. Because of this, EggStream Marketing will have no liability for any damages, costs or losses incurred as a result of incorrect or inaccurate website content, software bugs, viruses, hackers, website de-listing from search engines, advertising accounts being suspended, advertising budget/content errors, or any other case where the Client has access to the software/service/account that has resulted in some form of damages. The limit of EggStream Marketing's liability in contract, tort (including negligence) or by statute or otherwise to the Client concerning performance or non-performance in any manner related to this agreement, for any and all claims will not, in the aggregate, exceed the total fees paid during the current billing cycle by the customer to EggStream Marketing under this agreement. In no event will EggStream Marketing be liable for any lost profits, special, indirect, consequential, incidental or punitive damages.
By signing our Service Agreement, you consent that you will not pursue litigation of any kind for any reason, either mentioned in this agreement or not mentioned, aimed at Kim Virrueta (a sole proprietor) DBA EggStream Marketing or any persons or companies rendering services on behalf of Kim Virrueta or EggStream Marketing. You also agree that your sole remedy to any disagreement, dissatisfaction, or otherwise unexpected results from services provided by EggStream Marketing are to provide a written notification of intent to dissolve this agreement (see “Term and Termination” section above).
The Client acknowledges and agrees to the following conditions, disclaimers, and stipulations with respect to the services provided under the Service Order:
Premium Websites And PPC Management
The Client acknowledges and agrees to not hold EggStream Marketing liable financially or otherwise for the performance of any advertisements, web pages or scripts. No guarantees are made regarding how many clicks ads will receive, the amount of leads generated from website visitors (whether the visitors are from a free or paid source), or the amount of sales that the will be generated as a result of the services rendered by EggStream Marketing
SEO + Rank Building
Because search engines change their ranking algorithms regularly EggStream Marketing does not guarantee #1 position, consistent positioning, “top 10 positions”, or specific placement for any particular keyword, phrase, or search term for "organic" search results in any search engine. The ongoing "SEO + Rank Building" services provided by EggStream Marketing are merely designed to "put your website in the best light" making it easy for search engines to index the pages on your website and improving the likeliness of search engines ranking your website higher than others for specific keywords based on previously proven ranking factors such as optimizing Meta tags, Headers and Images and building backlinks to your website using targeted link anchor text. EggStream Marketing agrees to reduce the severity of rank drops, maintain your current rankings and/or improve your rankings over time to the best of their ability. The Client acknowledges that any report showing the location of backlinks built in a given month is not all-inclusive and some backlinks may not be visible at the URLs provided due to the content moderation policy of the website the backlink was built on. Each "SEO + Rank Building" plan can only be used on a single domain and can only target up to 5 keyword at a time chosen by either the Client or EggStream Marketing Additional keywords may be targeted simultaneously for an additional cost of $75 per keyword per month. The Client may choose to change which keywords are targeted once per month and those changes will take effect in the greater of 14 days or the start of the next billing period. Keywords may not be split between "SEO + Rank Building" plans or domains. Targeted domains may not be changed at any time. All links built during this service are provided "as is" and no guarantees are made in regards to how long a link will remain active on the web during or after the service term.
Website Maintenance hours may go towards the following work: Updating software to the latest version, Applying security patches, Adding images to gallery, Changing business hours or contact information, Updating promotion graphics, Updating slides, Adding videos, Adding testimonials, Adding new simple pages where the content is provided by the Client, Making requested changes to existing pages/content, Creating/adding banner images for internal promotions, Updating staff bios, Website component updates, and Adding new functionality to the website. Other work may be included at the sole discretion of EggStream Marketing Website Maintenance hours may not go towards work related to any other services offered by EggStream Marketing including but not limited to PPC Management, Video Production, SEO + Rank Building or Blog Posting. If the Client requires more than their allotted monthly maintenance hours in a given month additional hours are to be automatically billed at the end of the current service month at a rate of $30 USD per hour. The Client may not "use next months hours" for services to be rendered this month. EggStream Marketing guarantees only the number of hours of service specified on the Service Order per month. Urgent maintenance requests are guaranteed to be started within 48 hours - completion time of request will vary.
Plans with “Unlimited” storage space and data transfer are bound by the Fair Use policy of only utilizing the resources which the website actually needs to run. Accounts that use more than 100 gigabytes of storage and/or 1 terabyte of data transfer may be audited to ensure accordance with the Fair Use policy. Accounts found to be in violation of this Fair Use policy may be suspended. The 99.9% Uptime Guarantee is based on the average server uptime for the past 31 days, the Client’s individual website uptime bares no weight on this. If the Client reports server uptime below 99.9% EggStream Marketing will provide the Client with 1 free month of hosting (at the plan level they are currently subscribed to at the time of the complaint) to be applied to the end of their current hosting term.
Email Marketing System
EggStream Marketing has a STRONG anti-spam policy and applies it. Spammers are NOT welcomed. This includes spamming through open proxy servers or any other kind of unsolicited email advertising. If a Client is found to be in violation of our SPAM policy, EggStream Marketing may, at its sole discretion, restrict, suspend or terminate Client’s account. Further, EggStream Marketing reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. EggStream Marketing will notify law enforcement officials if the violation is believed to be a criminal offense. The Client acknowledges that they are responsible for any and all SPAM related actions which come from their account. Sending unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited even if the lists are said to be opt-in. The Client will not use another site’s mail server to relay mail without the express permission of the site. It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside EggStream Marketing network.
Videos created under the Video Marketing service plan will be a minimum of 2 minute long and will contain only Text, Images, Music and Animations. Voice overs may be added to the videos at the sole discretion of EggStream Marketing The Client acknowledges that the performance of videos created by EggStream Marketing are not guaranteed.
Email Campaign Management
Email campaigns created by EggStream Marketing for the Client will contain a spam keyword score of 5 of less. It is still the sole responsibility of the Client to ensure that their email lists adheres to all spam laws and the EggStream Marketing Acceptable Use Policy. Performance of the email campaigns created is not guaranteed. If royalty free stock images are included in the email campaigns they will be chosen by EggStream Marketing no more than 3 stock images will be provided per email campaign.
Blog Posting Service
EggStream Marketing will provide blog posts for the Client that adhere to the following terms: Posts will be at least 400 words in length, Posts will contain between 1 and 3 royalty free stock images to be chosen by EggStream Marketing, Posts will contain at least 75% unique content. Content uniqueness shall be verified only by the premium CopyScape service. The Client may provide general topics for blog posts, however the content itself shall remain non-crucial and generic in nature such as tips about the subject or general explanation of the subject.
Enhanced Lead Generation
EggStream Marketing will give their best effort to improve the effectiveness of the Clients website in generating leads. If the Client is for any reason not satisfied with the performance of the Enhanced Lead Generation service provided they are entitled to a full refund for the Enhance Lead Generation Service only which may be requested within 30 days of service completion. The refund will be processed within 15 business days.
Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the party affected (“Force Majeure”). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.
Upon request by the Client, EggStream Marketing may at its option, provide the Client with technical and non-technical support, such as Configuring hosting backups, Troubleshooting, Setting up email on local computers, Transferring and existing website to EggStream Marketing hosting, DNS management and other support, in connection with the Client's use of service provided by EggStream Marketing The Client agrees to pay the hourly rate of $50 USD for those other services.
Access To Equipment, Services, Software And Accounts
EggStream Marketing is the owner of the equipment used by the Client to host their website and grants a license to use this equipment for their website for only the length of the term specified on the Service Order. The Client has no rights to the equipment. Physical access to the equipment by the Client and resale of services is strictly prohibited.
EggStream Marketing is the owner of the WordPress Theme (identified as Veloso or The Elemental Theme) used by the Client and grants a license to use this theme for their website for only the length of the term specified on the Service Order. The Client has no rights to the WordPress Theme. Resale of the WordPress Theme or use in derivative products or projects is strictly prohibited. The Client may hire outside parties to edit, customize or update the WordPress Theme for individual use only provided that the outside party agrees that they may not resell or use the WordPress Theme (or updated version) in any derivative product or projects.
Email Marketing System
EggStream Marketing is the owner of the software and equipment used by the Client to manage their email lists and grants a license to use this equipment and software for only the length of the term specified on the Service Order. The Client has no rights to the equipment or software. Resale or sublet of the Email Marketing System is strictly prohibited.
The Client is the owner of all videos created under this service however, the materials contained within the video (stock images, music...etc) are only licensed to the Client and cannot be resold or used in other projects.
Email Campaign Management
The Client is the owner of all text written in email campaigns provided by EggStream Marketing Any royalty free stock images contained in the email campaign are only licensed to the Client for that one campaign and cannot be resold or used in other projects or email campaigns.
Blog Posting Service
The Client is the owner of all text written in blog posts provided by EggStream Marketing. Any royalty free stock images contained in the blog post are only licensed to the Client for use on the website where the blog is originally posted. The image may be reused in other blog posts on that website only. The images cannot be resold.
The Client may be required to provide EggStream Marketing with login information for existing accounts in order for EggStream Marketing to provide the services requested by the Client. By providing these login details the Client grants EggStream Marketing the rights to edit or manage the accounts as needed to render the services requested. The Client maintains their original rights to the account and sole responsibility to ensure compliance with the terms of service as provided by the individual company to which the account belongs. The preceding also applies to any accounts that EggStream Marketing has created on behalf of the Client.
If, in the determination of EggStream Marketing, acting reasonably, the Equipment, software or hosted applications used by the Client or the activities of the Client poses an immediate threat to the physical integrity of the Premises or the physical integrity or performance of the equipment or network of EggStream Marketing or any other user of the Premises, or poses an immediate threat to the safety of any person, then EggStream Marketing may perform such work and take such other actions that it may consider necessary without prior notice to the Client and without liability for damage to the Equipment, Services or Data for any interruption of the Client's (or its customers') businesses. As soon as practical after performing such work, EggStream Marketing will advise, by email, the Client of the work performed or the action taken. If found at fault, the Client agrees to pay the hourly rate of $125 USD for hours worked to neutralize the threat and repair damages done on the EggStream Marketing network.
Under no circumstances will EggStream Marketing be obligated to provide insurance coverage for any data owned by the Client and hosted by EggStream Marketing.
Billing And Termination
Invoices are sent by email, upon request a copy can be sent by mail. First Month's Payment shown in the Service Order must be paid by the Client to EggStream Marketing before commencement of the Term. All other invoices must be paid by the Client within 10 days from the due date specified on the invoice.
The Client will pay EggStream Marketing the One-Time Setup Fees and Recurring Monthly Fees specified in the Service Order, as well as any charges for Other Services the Client will pay all applicable taxes levied against or upon the services stipulated in the Service Order (as amended by the parties from time to time) or otherwise provided by EggStream Marketing under this Agreement. All One-Time Setup Fees will be payable in advance. Recurring Monthly Fees will be payable in advance upon the Client's chosen payment period. All other fees and the cost will be payable monthly and payment due on the renewal date. Except for the First Month's Payment shown in the Service Order, which must be paid by the Client to EggStream Marketing before commencement of the Term, all amounts will be payable within 10 days from the due date of EggStream Marketing invoices. Service interrupted for nonpayment is subject to a $50 USD reconnect charge. Accounts that are not paid 45 days after due date may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a Collection Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this Terms Of Service. Any payment not made when due will be subject to interest of two percent (2%) per month compounded monthly (equivalent to a yearly interest rate of 26.86%). Bounced checks are subject to a penalty fee of $20 USD.
Automatic Debits By Credit Card
In the case of payments by credit card, EggStream Marketing will use the information in its possession to make a payment at the invoice date. The Client will not receive any previous notification but will receive a notice after every debit on the credit card. If ever the Client wants to disable the automatic debit, they may place the request by phone at 951-665-8360 or by using the contact form. The Client also authorizes the financial institution issuing the credit card to charge Client account for the amounts related to the EggStream Marketing services.
Service will be interrupted on past due accounts after a 48 hours notification. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts that are not collectible by EggStream Marketing may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this Terms Of Service.
If The Client Is In Default
If the Client is in default of any of its obligations under this Agreement, then EggStream Marketing may in its sole discretion do any or all of the following: (i) without notice suspend access to any services provided by EggStream Marketing, (ii) if the Client's default is non-payment of any sums due to EggStream Marketing, exercise all the rights and remedies of a secured party under applicable law including, without limitation, with the minimum notice (if any) required by law, EggStream Marketing may remove the WordPress Theme, Royal free stock media, Videos, Ads, Keywords, or Blog Posts from the Clients website or accounts.
Upon 30 days or greater written notice prior to the end of the initial commitment, EggStream Marketing may change any fees payable under this Agreement.
Service Downgrades And Upgrades
Service downgrades (for instance, when changing to a hosting package that offers fewer options) will take effect at the account's anniversary date only (an account anniversary date corresponds to the day of the month at which an account was opened. For instance, if an account was opened on September 8, this account may be modified on the 8th of each month once the original commitment is over). Service upgrades, however, may take effect at any time. If the Client adds additional services to their account that entitles them to a Bundle Discount that discount will only apply to future payments, retroactive discounts will not be applied.
Any prepayment is a commitment regarding the payment period that can not be refunded for services rendered on the date the first Service Order was signed or the date of receipt of payment for Client's current billing cycle date (whichever was done first). However, when closing a product, the account may be credited with the value of advanced payments for that product. The credit may be used for further purchases at EggStream Marketing.
EggStream Marketing offers no refunds for services rendered and will not refund any amount paid for services during the current billing cycle month in which written cancellation notice is received. EggStream Marketing will not charge for any future services once written intent to cancel is received. Client agrees that once the cancellation month (30-day billing cycle) has been completed, EggStream Marketing and Client will be released from their agreement. EggStream Marketing has a no money back policy unless sufficient evidence is presented that services promised by EggStream Marketing were never performed. If sufficient evidence is provided, Client shall be entitled to a full refund for the monthly charges for the current billing cycle and only for the specific services related to the evidence provided to EggStream Marketing.
Billing errors can be credited retroactively for a period of up to two (2) months.
Upon service activation, EggStream Marketing reserves space, equipment and resources for the Client's needs. The Client must pay the fees associated with their Service Orders even if the Client is not making any use of the services.
The Client hereby authorizes EggStream Marketing and gives consent to EggStream Marketing under applicable privacy laws for EggStream Marketing to obtain credit information and bank and other financial references regarding the Client for the purposes of assessing the Client's credit worthiness, and the Client will promptly execute and deliver to EggStream Marketing such further documents and assurances and take such further actions as EggStream Marketing may from time to time reasonably request in order to carry out the intent and purpose of this Section.
Storage Of Sensitive Client Data
Any financial information such as billing information and credit card numbers provided by the Client will not be stored on EggStream Marketing servers. This information will only be kept on file by our payment processor Intuit Payment Network and only when the Client has signed up for services requiring recurring payments. It is the sole responsibility of the Client to take the necessary precautions whenever submitting sensitive data to EggStream Marketing We recommend submitting sensitive data by either Fax, Phone or Email if the data is stored in a password protected zip file - the password can then be provided over the phone. EggStream Marketing will not be liable for compromised financial or other sensitive data due to Client negligence.
The Client has 30 days following their initial payment for services or the date the Service Order was signed (whichever was done first) to cancel their subscription with no further charges of the monthly fees for services. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site.
EggStream Marketing will make all possible efforts to provide a backup mechanism and keep complete backup copies of all websites that use our hosting solutions. However, the Client must keep a personal backup copy of its software, sites, databases and all hosted content. EggStream Marketing should not be held responsible of any loss of data or data corruption.
Reselling, Assignment, Successors And Assigns
Reselling of any EggStream Marketing services is strictly prohibited except when authorized in writing by EggStream Marketing Resale Authorized Clients in the normal course of its business may resell services to its customers but are subject to all the terms of this Agreement. The Resale Authorize Client agrees to defend, indemnify and hold harmless EggStream Marketing, and its officers, directors and employees (collectively, the “Indemnities”), from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from (i) any act or omission of any such the customer that would be a breach of this Agreement if committed by the Client, and (ii) any claim by any such customer arising from use of the Premises, services provided by EggStream Marketing under this Agreement or otherwise from performance or non-performance by a party in any manner related to this Agreement. The Client agrees that it will not assign, sell, transfer, delegate, sublet, divert, or otherwise share any services rendered under this Agreement in whole or in part with any other individual, company, website or otherwise. Any purported assignment, transfer, delegation, sublet, diversion or sharing arrangement shall be null and void. Nothing in this Agreement shall prevent the consolidation of EggStream Marketing with, or its merger into, any other corporation, or the sale by EggStream Marketing of all or substantially all of its properties or assets, or the assignment by EggStream Marketing of this Agreement and the performance of its obligations hereunder to any successor in interest or any affiliated company. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors, and permitted assigns, and shall not benefit any person or entity other than those enumerated above.
Starting Date of Work Each Month
Date of work will begin the next business day after receiving payment. You agree to on-time payments so that your services are not delayed. We are not responsible for any loss of results or services not rendered due to non-payment or late payment. Payment is due in the form of a business check, credit card payment, bank transfer, or debit checkcard by the “date due” on your invoice each month in the amount specified in this agreement for “monthly fees” for ongoing monthly services.
Responsibility for Content
The Client is solely responsible for the content stored on and served by their hosting services.
Client agrees not share any information, trade secrets, or other data, in whole or in part, with any third party both during this agreement and afterward. Processes and techniques are unique to EggStream Marketing and remain the intellectual property of EggStream Marketing for the lifetime of this agreement and afterward. Client does not have permission to send any internal documents, emails, or verbal relaying of intellectual information of any kind that have been provided (including but not limited to tasks performed, monthly progress reports, or evidence of work completed) to any third party at any time during your Term of Service or afterward.
This Agreement including the attachments hereto and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, EggStream Marketing MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency this main agreement,any attachments, and/or any Service Order, the Service Order will take first priority, this main agreement will take second priority and the attachment will take third priority in interpreting the parties' rights and obligations.
Severability and Reformation
If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States. Exclusive jurisdiction and venue shall be in the Supreme Court of California located in San Francisco, California, United States.
Complaints or TOS & AUP violations must be reported to abuse [at] EggStream Marketing.com, by mail to :EggStream Marketing, 3411 Mountainside Circle, Corona, CA, 92882
Changes And Rights
EggStream Marketing may vary these rules and regulations from time to time in its sole discretion, and the Client will comply with all other reasonable security requirements that EggStream Marketing may impose from time to time, provided that the Client has been given 30 days notice.
Rules Of Construction
The language in all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against either EggStream Marketing or the Client. Section headings in this Agreement are for convenience only and are not to be construed as a part of this Agreement or in any way limiting or amplifying the provisions hereof. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.
The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
The Client warrants that everything it provides EggStream Marketing to employ in the services outlined on the Service Order is legally owned or licensed to the Client. the Client agrees to indemnify and hold EggStream Marketing harmless from any and all claims brought by any third party relating to any aspect of the services provided, including but without limitation, any and all demands, liabilities, losses, costs, and claims including attorney’s fees arising out of injury caused by the Client’s products/services, material supplied by the Client, copyright infringement, and defective products sold via the services provided. the Client agrees to indemnify EggStream Marketing from responsibility for problems/disruptions caused by third-party services that the Client may use, such as merchant accounts, shopping carts, shipping, hosting services, real-time credit card processing, and other services that relate to the ownership and operation of the services provided.
Use of Material for Promotional Purposes
the Client grants EggStream Marketing the right to use its work in rendering the services outline on the Service Order for promotional purposes and/or to cross-link it with other advertising developed by EggStream Marketing the Client grants EggStream Marketing the right to list, reference, or otherwise identify the Client as a client in EggStream Marketing’s advertising, marketing and websites including placing a text link on the Clients website linking back to the EggStream Marketing.com website.
Right to Make Derivative Works
the Client agrees that EggStream Marketing will have the exclusive rights to make derivative works from practices, coding, programming or other work developed while rendering the services outlined in the Service Order. Under no circumstance will the Client be permitted to make any sort of derivative works (whether personal or for resale) from the services, code or materials rendered or provided by iVenture Assets Ltd as part of the Service Order.
This Acceptable Use Policy Applies To All EggStream Marketing Clients.
Policies apply automatically to all EggStream Marketing clients upon subscription to the Services including subscription through a third party or any commercial partner.
The Client agrees to use the Services only for lawful purposes, in compliance with all applicable law.
Specific activities that are prohibited include, but are not limited to :
- Threatening harm to persons or property or otherwise harassing behavior.
- Violating Canadian export control laws for software or technical information.
- Misrepresenting or fraudulently representing products/services
- Transmission, distribution or storage of any material in violation of any applicable law or regulation.
- Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, and material that is obscene, defamatory, an invasion of privacy or constitutes an illegal threat, or is otherwise illegal.
- Facilitating, aiding, or encouraging any of the above activities, whether using EggStream Marketing’s network or service by itself or via a third party’s network or service.
- Interference with a third party’s use of EggStream Marketing’s network or service, or ability to connect to the Internet or provide services to Internet users.
- Manage a proxy server
EggStream Marketing has a STRONG anti-spam policy and applies it. Spammers are NOT welcomed. This includes spamming through open proxy servers or any other kind of unsolicited email advertising. If a Client is found to be in violation of our SPAM policy, EggStream Marketing may, at its sole discretion, restrict, suspend or terminate Client's account. Further, EggStream Marketing reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. EggStream Marketing will notify law enforcement officials if the violation is believed to be a criminal offense. The customer acknowledges that he is responsible for any and all SPAM related actions which come from their account.
- Sending unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited even if the lists are said to be opt-in.
- Client will not use another site's mail server to relay mail without the express permission of the site.
- It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside EggStream Marketing network.
Frequent Attack Targets Services (IRC networks, Camfrog, etc.)
It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. It is also forbidden to host Camfrog servers or other server applications that are frequent targets of Denial of Service attacks or other types of attacks. Any server guilty of a second violation will result in immediate account termination.
It is strictly forbidden to publish adult content on hosting accounts. The restriction applies, without limitation, to images and videos.
System And Network Security
Client is prohibited from utilizing EggStream Marketing services to compromise the security or tamper with system resources or accounts on computers at the Premises or at any third party site.
Specific activities that are prohibited include, but are not limited to :
- Threatening harm to persons or property or otherwise harassing behavior.
- Use or distribution of tools designed for compromising security.
- 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.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- Deliberate attempts to overload a system and broadcast attacks.
- Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
- Intentionally or negligently transmitting files containing a computer virus or corrupted data.
It is strongly recommended that for security sake the Client does not store sensitive customer data on their website. If the Client chooses to do so, it is the sole responsibility of the Client to secure their website adequately for storage of sensitive client data. Due to the nature of the shared Hosting provided, EggStream Marketing will not be held liable for damages of any kind that result from stolen or compromised data from a Clients website.
On shared hosting accounts, it is strictly forbidden, to make your account resources available (whether for free or pay) to the general public. Without limitation, this applies to usage of an account to provide public online services like statistics, image hosting, free web hosting or any other similar service. At anytime, all hosting accounts must use an acceptable level of resources and stay below 10% of the total system resources.
EggStream Marketing, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violation of this Acceptable Use Policy could also subject Customer to criminal or civil liability. EggStream Marketing may block access at the router level to the Customer's Equipment involved. If EggStream Marketing believes, in its sole discretion, that a violation of this Acceptable Use Policy has occurred, such action may also include, but is not limited to, temporary or permanent blocking of access to Customer’s Equipment or data, and the suspension or termination of Customer’s services under this Agreement. EggStream Marketing may involve and will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers. EggStream Marketing has no obligation to provide warnings under any circumstances and can terminate the account without prior notice if the Customer violates this policy.
EggStream Marketing reserves the right to modify this Acceptable Use Policy at any time without notice. The Client is responsible for all use of the Services by itself, its employees, agents, contractors, invitees and customers, whether such use is with or without the consent of Client. EggStream Marketing can require a signed copy of these documents.
This Satisfaction Guarantee Applies To All EggStream Marketing Clients.
By signing up for EggStream Marketing services on the Internet, or by using any other means of subscription including subscription via a third party, a sales representative or commercialization partner, you benefit from the present satisfaction guarantee if you are billed directly by EggStream Marketing
Who May Benefit From The Guarantee?
The following guarantee is applicable to the renewable services offered by the EggStream Marketing except for those enumerated in the exclusion clause. All Clients of renewable services whose accounts are in order, which have no unpaid balance, are eligible for the present guarantee.
If you are dissatisfied with our services and wish to cancel your subscription, let us know within 30 days following your initial payment for services or the date the Service Order was signed (whichever was done first) by using the "Cancellation Form". EggStream Marketing does not reimburse for monthly fees paid, elapsed or prepaid with the exception of Client providing evidence of negligence of services rendered by EggStreameam Marketing and in accordance with the items listed in the Exclusions section of this Agreement. In the case of hosting solutions, the setup fees will also be reimbursed.
The present guarantee does not apply to domain names, bandwidth or traffic billing, work billed hourly, setup fees, early cancellation fees, late fees or the Standard and Custom website plans. Exception made of the Email Marketing System, email credits consumed by the Client during the period of operation will be billed at the rate of $2.85 USD per 1,000 email credits used.
In order to terminate your account and claim a refund, the owner of the account must fill out the "Cancellation Form" and send written and signed notice by mail within 30 days following your initial payment for services or the date the Service Order was signed (whichever was done first). Client agrees that the only situation where a refund for services is allowable is when sufficient evidence is provided to EggStream Marketing proving that services were not rendered as promised. A refund will be provided only for those services which were proven not rendered and no refund will be given for any other completed services. To prevent any sort of money laundering; refunds under $1,000 will be processed within 15 business days following request reception. Refunds over $1,000 will be processed within 60 business days following request reception. Refunds over $5,000 may require additional processing time over the 60 business days following request reception and may be subject to additional questioning or investigation. No interest will be paid on refunds.
The Client has 5 days from the date of first signing the Service Order to completely cancel their service contract without any penalty or fees of any kind. The Client will also receive a full refund on all money paid towards the canceled service without exception but is still bound to the processing time detailed in the Claim Procedures section of this Agreement. To take advantage of this Buyers Remorse clause the Client must submit the "Cancellation Form" within 5 days of first signing the Service Order that they wish to cancel.
The guarantee is automatically valid for all of the EggStream Marketing subscribers. EggStream Marketing reserves the right to modify the present guarantee at any time, without notice. The modifications will be shown on this page. If you wish a written confirmation of this guarantee, please contact us at 951-665-8360 and we will return it signed and approved.