Jessa Hurdal1. The Terms & Conditions Agreement between What's Up Marketing Solutions Inc. and it's affiliated companies ("WUMS") and the client named in this order Form and Contract Agreement (the "Client") is comprised of these terms and the selected products and features for the length of the term chosen.
2. "What's Up Marketing Solutions Inc. and its affiliated companies (collectively, "What's Up Marketing Solutions Inc.") are the exclusive owners of copyrights in graphics, website and software designs. Our website designs are only available for use when a monthly fee is paid. Unauthorized use or plagiarism of our designs and websites in any part or whole is strictly prohibited.
3. Billing for services provided are either prepaid in full by the Client, or billed monthly in advance, as selected by the Client. A charge of $25 will apply for any NSF payments, and a late payment charge of 1.5% per month will be charged on any amounts remaining unpaid for more than 10 days after the 1st of each month.
4. Prepaid services will not refunded in the case of cancellation or termination.
5. Payments will continue until the contract has been cancelled by the client in writing.
6. WUMS may, without liability, suspend or cancel the services provided if the Client fails to pay fees outstanding for more than 15 days, breaches any terms of this Agreement, or uses or allows other to use WUMS services unlawfully.
7. The Client may cancel this Agreement in writing at any time during the initial contracted period, but will remain responsible for all past amounts due and 80% of the remaining monthly charges of the contract term.
8. At the end of the term specified in this Agreement a new 12 month contracted period will automatically begin unless either WUMS or the Client advises the other in writing at least 30 days prior to the end of the term.
9. The Client warrants that he/she holds a valid Real Estate License, and has the consent, as applicable, to enter into this Agreement from the local Real Estate Board, Broker and any other authority required.
10. The Client has the full responsibility to follow all MLS rules and regulations, and local laws. The products and services provided my WUMS are intended for the sole use of the Client and their representatives.
11. The Client must not allow others to alter in any way, copy or distribute WUMS products, and must not provide their personal password to anybody except their representatives, and if breached, will be liable to the damages suffered by WUMS.
12. The Client acknowledges that the content added to the provided web site by the Client is their sole responsibility and not in any way the responsibility of WUMS.
13. The design of the web site, and the content provided by WUMS, including but not limited to the graphic design, computer coding, marketing materials and technical processes are owned by WUMS, and cannot be copied, altered in any way or distributed by the Client. The Client does not own any of the web site design or content in any way, except that content developed and added into the provided web page template by the Client.
14. WUMS has the right to improve current technology and support capabilities, as long as the service levels provided to the Client are maintained or improved.
15. WUMS reserves the right to identify itself as the designer and owner of the web page and content within the web page layout, the location of which may direct the user to the WUMS corporate web site. WUMS also may place one other active link button or equivalent on the web page along side the other links on the web page template, that will direct the user to another web location operated and managed by WUMS. Nothing on these WUMS linked pages will contain information or associations that are in direct conflict with the business operations of the Client.
16. WUMS's liability for any claims made by the Client or third parties will be limited to the fees charges and collected from the Client by WUMS, up to a maximum of the initial 12-service period.
17. Both WUMS and the Client acknowledge that there are no other terms of this Agreement except those expressively contained within.
BY SENDING THE RENTAL/MONTHLY PAYMENT TO US, YOU ACKNOWLEDGE AND ACCEPT THAT YOU UNDERSTAND THE FOLLOWING TERMS AND CONDITIONS OF THIS DOMAIN RENTAL AGREEMENT.
What's Up Marketing Solutions Inc, is the owner and registrant of these specified domain names offered for rent. We have many highly searched domain names available and we retain ownership of the domain name and rights to the name. The rent is for lease of the name.
The "Renter" agrees to rent a domain name from What's Up Marketing Soltuions Inc. upon the following conditions:
It is agreed that the Renter UNDERSTANDS THAT USE OF THE DOMAIN NAME MAY BE SUBJECT TO APPLICABLE LAWS IN ALL JURISDICTIONS IN WHICH THE DOMAIN NAME IS USED OR ACCESSIBLE, INCLUDING THOSE CONCERNING TRADEMARKS AND OTHER TYPES OF INTELLECTUAL PROPERTY. THIS AGREEMENT CONFERS NO TRADEMARK RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN THE DOMAIN NAME. THE USE OF THE DOMAIN NAME MUST BE FOR LEGAL USE ONLY.
The term for a domain rental is 12 consecutive months. Rental payment is paid in advance or monthly for a 12 month term.
The Renter will have Exclusive Rights to use the domain name and that What's Up Marketing Solutions Inc. cannot sell, rent, transfer, or convey the name to any other person or entity during this or future rental periods.
The Renter acknowledges that What's Up Marketing Solutions Inc., as the owner of the domain name, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN NAME, OR IN ANY OTHER WAY RELATED TO THE DOMAIN NAME. This includes the options of name forwarding and email forwarding provided by the domain registrar which is outside the control of What's Up Marketing Solutions Inc.
It will be the sole responsibility of the Renter to check that the services of the name are working correctly. Any new domain name servers (DNS) settings, domain name forwarding, or email forwarding changes will be made within 10 days of notification from Renter.
For security, the email address given for the renter's "official contact" is the ONLY contact address authorized to renew, buy, or make any future changes to the services that are provided with the domain name during the rental term. If the original email contact is changing, notification of that must be done ahead of time using the original official email address.
Failure to renew the domain rental BEFORE the expiration date will constitute a cancellation of this agreement and the continued use of the domain name.
What's Up Marketing Solutions reserves the right cancel service and use of a domain name at anytime at our discretion.
By way of signing up or any monthly payment I agree to the above terms and conditions of the website use.