CMS Terms Of Service / Refund Policy

Copyright

 

All contents of websites designed and/or built by Contractor Marketing Services (CMS) are copyrighted: © 2005-2008 Contractor Marketing Services, 9937 Commerce Ave, Tujunga, California, U.S.A. All Rights Reserved.

 

Except as specifically permitted herein, no portion of the information on websites designed and/or built by CMS may be reproduced in any form or by any means without the prior written permission of CMS.

Terms of Service - Simple English Version

 

For a monthly membership fee of $39.95 Contractor Marketing Services will provide your company with a custom-designed website, monthly web hosting, various example company policies and employee training forms and booklets, and free business consulting on any aspect of your contracting business.

 

You may terminate your relationship with Contractor Marketing Services at any time, for any reason or for no reason at all, and you will no longer be billed for our services. Nothing in the Terms of Service below will conflict with this basic concept.

Terms of Service - Lawyer's Version

Terms Applicable to all services

 

These Terms of Service comprise a legal agreement between you and Contractor Marketing Services (henceforth referred to as CMS). and governs your use of CMS. BY SUBSCRIBING TO CMS, YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. If you do not agree to these Terms of Service and the Additional Terms do not subscribe to or use the services of CMS.

 

CMS is made up of websites, Web pages, and Web hosting operated by CMS and its affiliates and of various products and services that are provided by CMS, its affiliates or third party service providers. These websites, Web pages, design services, and services will be collectively referred to in this Agreement as "CMS." "you" means you, your company, your employees, and anyone who has access to use your CMS account. You must be at least eighteen (18) years of age to subscribe to and use any CMS service or product.

 

The general provisions of these Terms of Service apply to CMS hosting services (CMS Network) and to all of the products and services provided through the CMS Network. Each applicable CMS website, product or service may have other posted guidelines or rules (the "Additional Terms"). All such Additional Terms are incorporated by reference into these Terms of Service.

 

The CMS Network services are offered to you on the condition that you accept these Terms of Service and the Additional Terms without modification. You agree to familiarize yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout the CMS Network and abide by them if you choose to use the sites, or accept the products, services or benefits, to which such terms apply. You accept and agree to be bound by these Terms of Service and the Additional Terms at the moment you respond to CMS’ GETTING STARTED email or when you place an order in person, via email, telephone, facsimile, or via the CMS on-line order page. If you do not accept all of these terms your order for services will be cancelled and you will not be charged. CMS reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If you continue to use the CMS Network after any such changes, your continued use will constitute your consent to such changes. CMS does not and will not assume any obligation to notify you of any changes to the Terms of Service or Additional Terms.

Any rights not expressly granted herein are reserved by CMS.

In addition, your registration information and other information about you are subject to our Privacy Statement.

If you do not have print capability or otherwise desire to obtain a hard copy of these Terms of Service, please visit the Contact Us page of the CMS website and send an email requesting a hard copy.

 

Your Warranties

 

By subscribing to any service offered on the CMS site, you make the following representations and warranties. CMS shall have the right to terminate your CMS account, without notice at any time, if any representation warranty made by you proves to be untrue in any respect.

 

You represent and warrant that:

You and all users of the CMS Network approved by you are at least eighteen (18) years of age; you have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service and the Additional Terms, (c) to subscribe to and use the CMS service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service and any Additional Terms and (d) if you are acting in a corporate capacity, to bind your company; you will not use the CMS Network for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time); All information supplied by you or by others using your account is true and accurate, including information submitted as part of the registration and subscription process. Any products or services advertised, sold or otherwise distributed by you on or in connection with your website are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and you have and control all of the intellectual property, proprietary and similar rights necessary for all material located on your website, all submissions, and all products and services sold or otherwise distributed by you or on your behalf via your website.

 

By using the CMS Network, you agree that you will defend and indemnify CMS and its suppliers from any third party claim related to a breach of any of the foregoing warranties.

 

Limitations on your Use of the CMS Network

 

The CMS Network is provided to assist you with the operation of your business. Your right to use the CMS Network is limited to you, and your company and its employees. You are solely responsible for your content and your website and your CMS account. CMS reserves the right, but is not obligated, to monitor or to review materials posted on your website and to monitor your compliance with these Terms of Service and the Additional Terms. CMS reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time.

 

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the CMS Network, except as expressly provided herein.

You may not use a name in connection with operating your CMS website that is confusing or misleading to participants, or otherwise impersonate or deceive participants with respect to your identity.

You may not restrict or inhibit any other user from using and enjoying such user's rights in CMS.

 

You may not interfere with or disrupt the CMS Network or servers or any network connected to CMS.

 

You may not use the CMS Network or the products or services provided through or in connection with the CMS Network to: rent, lease, license, grant a security interest in, or otherwise transfer or sublicense your rights hereunder to any third party; defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person; conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including "spamming") or multi-level or illegal marketing campaigns; harm minors in any way; publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, or control such rights or have received all necessary consents for your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or website that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group; sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; Nazi memorabilia; registered or unregistered securities; goods or services that you cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods or activities that if sold via any CMS or your website would cause CMS to violate any law, statute or regulation; or any other illegal activity; harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties; violate any applicable government laws or regulations.

You may not reproduce or redistribute any Software, as that term is defined in the Section entitled "Software Available on the CMS Network." you may not copy or reproduce the Software to any other server or location for further reproduction or redistribution. You may not de-compile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in the CMS Network, or in any product, service or Software provided through the CMS Network.

The information provided by CMS to you may be proprietary in nature. You agree not to share any information provided to you by or on behalf of CMS with any third party.

 

Fees

 

Some products and services available through or in connection with CMS require that you purchase a subscription or otherwise pay a fee. You hereby authorize CMS to charge your credit card in advance for all applicable fees incurred by you or on your behalf in connection with your use of the CMS product or service you have chosen to use. CMS will automatically charge your credit card each month for the fee(s) then due and your credit card expiration date will automatically be extended for the purpose of providing uninterrupted services. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your CMS account by you or anyone else using your account. CMS reserves the right to modify the fees charged for CMS products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after CMS posts such modified fees on the CMS website. Amounts not paid by you to CMS when due may bear interest at the lesser of (a) one and one-half percent (1.5%) per month, and (b) the maximum rate permitted by applicable law.

 

If you notify CMS by phone at the number found on the cancellation policy page of the CMS website or in writing that you are canceling one or more CMS or products, fees pre-paid by you to CMS for CMS products or services will be credited back to your applicable credit card in accordance with the Cancellation Policy outlined below. CMS is not required to refund directly to you any amounts paid hereunder. It is your responsibility to notify CMS if your credit card has changed or has expired and to make appropriate changes or your service may be disconnected or interrupted.

In the event that CMS terminates your CMS account or one or more of your CMS for violation of these Terms of Service or the Additional Terms, you will not be entitled to the return of any fees paid with respect to any such terminated account service.

 

Cancellation Policy

 

You agree that (a) CMS cancellation policy will be posted on the CMS website and may be changed from time to time by CMS in its sole discretion and (b) the cancellation policy posted at the time you cancel your subscription shall govern the amount of the refund (if any) due to you. You acknowledge that if you cancel any subscriptions to a CMS service that you may not be entitled to a refund of all or part of amounts already paid by you for such CMS subscription.

 

Changes to Services, Termination by CMS

 

CMS may change any of the CMS services at any time and from time to time without notice, including terminating the offering of any CMS service altogether.

CMS may terminate your account, your access to CMS or any of your CMS (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of your CMS services or from using the CMS Network or from receiving any products, services or benefits from CMS, if CMS determines you have violated these Terms of Service or any Additional Terms, if you have failed to remit any applicable subscription fees when due, if any representation or warranty made by you is untrue in any respect or if CMS receives a court order or other legal action relating to your account. In addition, if you violate any of these Terms of Service, or any applicable Additional Terms you will forfeit all in-kind credits and any other amounts accruing to you (if any) in connection with the CMS Network and there will be no refund of any fees prepaid by you. If you subscribe to a CMS service which is made up of two or more individual services and you violate the Terms of Service applicable to one of such individual services, (1) your use of the particular individual service will be terminated, but the remaining services will remain active and (2) there will be no refund (in whole or in part) of your annual fee for the CMS service terminated. You will be responsible for all fees incurred during your subscription and payment of such fees shall be due immediately upon termination of your subscription.

 

Links to Third Party Sites

 

Links within the CMS Network may let you leave the CMS Network. You acknowledge that the linked sites are not under the control of CMS and that CMS is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. CMS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CMS of the linked site or any association with their operators.

 

License you Grant to CMS

 

CMS does not claim ownership of the materials you provide to CMS (including feedback and suggestions) or that you post, upload, input or submit in connection with your use of CMS or any website ("your website") created by you or on your behalf in connection with the use of CMS (collectively "Submissions"). However, you grant CMS a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, link to, reproduce, edit, translate, sublicense and reformat your Submission, and to publish your name in connection with your Submission) your Submission only in connection with the operation and promotion of CMS. You also grant CMS the right to publish your information in connection with any such use including, but not limited to, directory listings, bookmarks, coming soon and announcement page(s) and listings, and promotional link(s) to CMS websites. No compensation will be paid or due you with respect to CMS' or its sub-licensee's use of the materials as licensed above. CMS is under no obligation to post or use any materials you may provide, and may remove such materials at any time in CMS’ sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the CMS Network, you represent and warrant that you own or otherwise control the rights necessary to do so and to grant CMS the license set forth above, and you will defend and indemnify CMS and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.

 

You grant CMS permission to use screen shots of any Web page that contains a link to CMS or CMS HTML code (with respect to the CMS Banner Network) in CMS promotional materials, and represent and warrant that you have sufficient authority to grant the foregoing rights.

 

Software Available on the CMS Network

 

Software (if any) that is made available to download from or otherwise use through the CMS Network, excluding software that may be made available by third parties via CMS, ("Software") is the copyrighted work of CMS and/or its suppliers. Your use of the Software is governed by these Terms of Service, and the applicable Additional Terms, and the terms of the end user license agreement (EULA), if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the Terms of Service or Additional Terms, the terms of the License Agreement shall govern your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement. For any Software not accompanied by a license agreement, CMS hereby grants to you, the user, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using the particular CMS website or CMS service in accordance with the License Agreement, the Terms of Service and Additional Terms and for no other purpose. In addition, you shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by CMS and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. All software downloaded or otherwise obtained by the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

 

Limitations of Liability and Disclaimers

 

The information, software, products, services and other material included in or available through the CMS Network may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via the CMS Network should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that you should consult an appropriate professional for specific advice tailored to your situation.

 

Your access to and use of the CMS Network, and products and services of CMS, is at your own risk. CMS makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the CMS Network, or such products or services. Without limiting the foregoing, NEITHER CMS NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN CMS FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CMS AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

IN NO EVENT SHALL CMS OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:

 

DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF CMS OR RELATED SERVICES, OR WITH THE DELAY OR INABILITY TO USE CMS OR RELATED SERVICES;

 

THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH CMS; OR OTHERWISE ARISING OUT OF THE USE OF CMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CMS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF CMS, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CMS NETWORK AND ITS RELATED SERVICES AND PRODUCTS.

 

Without limiting the foregoing, CMS is not responsible for any of your data residing on CMS and CMS Network hardware or systems, including such hardware or systems provided to CMS by third parties. You are responsible for maintaining and backing-up your data and information that may reside on the CMS or CMS hardware or systems, including such hardware or systems provided to CMS by third parties, whether or not such information is produced through the use of CMS, including any information regarding the operation or use of your website, catalogs, lists, order records, and other information you are providing or using in connection with your use of the CMS Network. It is your responsibility to take the necessary steps to ensure your primary means of business is maintained. CMS will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) your use of the CMS Network, its services or products; (b) your customers' use of your website hosted by or created through CMS and your products and services; (c) use of the CMS Network by any other party to whom you have given access to your company information for use of the CMS Network; (d) errors, bugs or other defects in the CMS Network; (e) lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on the CMS Web Hosting service; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to CMS’ records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of your website, catalogs, lists, order records, and other information you are providing or using in connection with your use of the CMS Network.

 

CMS is not liable for your actions with your customers or vendors, or the use of their information, or for any other actions arising from your use, or the use of other parties to whom you have given access to your CMS information, through the use of the CMS Network.

 

CMS is not involved in any transaction between you and your buyer or seller or other third parties with whom you may have transactions through your website or between you and any user of any products or services offered or provided by you or by a third party through the CMS Network. CMS is not responsible for screening, censoring or otherwise controlling your website, or any listings or transactions offered or conducted via your website. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with you via your website or through CMS.

 

CMS is not acting as your or any third party's agent in connection with the operation of CMS. You are solely responsible for: (a) processing customer orders or other transactions; (b) verifying the validity of incoming customer orders before finalizing the order; (c) informing customers of the status of such orders or transactions; (d) providing all customer support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Further, because CMS is not involved in any orders or other transactions between you and other users of CMS or other marketplace forums, CMS cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.

 

Unless otherwise expressly stated in these Terms of Service, your payments for orders or transactions conducted via your website or on any CMS service will be paid to you directly from your designated acquiring bank, customers or other appropriate source ("payor"). CMS is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between you and customers or payors. CMS makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using CMS.

 

Indemnity

 

 

Your Customer Data

 

CMS will not use your customer data or your customer contact list for any purposes other than those intended by the CMS Network. Your customer information will not be shared with any other parties, unless you are also subscribing to a CMS service where one of the features of such service is the sharing of customer information between the services. CMS will not use your customer information for the purpose of sending unsolicited commercial e-mail to such customers.

General

 

These Terms of Service and the Additional Terms are governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Los Angeles County, California, U.S.A. in all disputes arising out of or relating to the use of the CMS or the CMS Network. Use of the CMS Network is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and CMS as a result of these Terms or Service or use of CMS.

CMS’ performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of CMS’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the CMS Network or information provided to or gathered by CMS with respect to such use.

 

If any part of these Terms of Service or the Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Additional Terms shall continue in effect.

 

Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and CMS with respect to the CMS Network and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CMS with respect to the CMS Network.

 

A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

The example companies, organizations, products, people and events depicted within CMS are fictitious. No association with any real company, organizations, product, person or event is intended or should be inferred.

 

CMS is not obligated to monitor the content on CMS. CMS reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with CMS’ Privacy Statement located at http://www.ContractorMarketingServices.com/privacy.html

 

CMS reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the CMS websites, in CMS’ sole discretion, without notice at any time.

 

Any rights not expressly granted herein are reserved by CMS, including all legal and equitable remedies available to CMS or violation of any of these Terms of Service.

 

Copyright and Trademark Notices

 

All contents of the CMS Network are: Copyright © 2006 CMS, and/or its suppliers, c/o CMS, 9937 Commerce Ave., Tujunga, California, U.S.A. All rights reserved.

 

Trademarks

 

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved by CMS.

 

Notices and Procedure for Making Claims of Copyright Infringement

 

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. To see CMS’ Notice and Procedure for Making Claims of Copyright Infringement, contact CMS at support@ContractorMarketingServices.com.

 

Service Contract

 

If you need to contact CMS regarding the CMS Network, please send e-mail via our Contact Us form.

 

CMS Legal

 

Introduction

 

CMS ("CMS") makes available information, materials, and services on this website, subject to the following terms and conditions. By accessing this site, you agree to the terms and conditions as outlined in this legal notice. CMS reserves the right to change these terms and conditions from time to time at its sole discretion.

Copyright; Limited License

 

The information on this website is protected by copyright:

Copyright © 2006 CMS. All rights reserved. Except as specifically permitted herein, no portion of the information on this website may be reproduced in any form or by any means without the prior written permission from CMS.

 

Use of website Information

 

Except as otherwise indicated elsewhere on this site, you may view, copy, print, and distribute documents available on this website subject to the following conditions:

1. The document may be used solely for personal, informational, non-commercial purposes;
2. The document may not be modified or altered in any way;
3. Any copy of the document or portion thereof must include the copyright notice above and this permission notice; and
4. CMS reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from CMS.

Documents specified above do not include the design or layout of this website. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

 

Warranties and Disclaimers

 

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND CMS, ALL INFORMATION AND SERVICES ON THIS website ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CMS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS website.

 

REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL CMS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION.

THIS website COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS website. CMS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS website AT ANY TIME.

This website can be accessed from other countries around the world and may contain references to CMS products, services, and programs that have not been announced in your country. These references do not imply that CMS intends to announce such products, services or programs in your country.

 

Forward-Looking Statements Disclaimer

 

This website may now, or hereafter from time to time, contain certain statements or information with respect to (i) the projection of revenues, income, earnings per share, capital expenditures, dividends, capital structure, or other financial items; (ii) the plans, objectives and/or projections of CMS for future operations, including those relating to the products or services of CMS; (iii) future economic performance; (iv) assumptions underlying or relating to any of the forgoing statements or information; and (v) any other projections, estimates or forward-looking statements. All such statements and information are forward-looking statements within the meanings of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such forward-looking statements are based upon, or will be based upon, CMS' judgment with respect to future events and are subject to a number of uncertainties and risks that could cause actual results or circumstances to differ materially from those expressed in the forward-looking statements. CMS wishes to caution you that such forward-looking statements are only predictions and those actual events or results may differ materially.

 

Feedback; Confidential Information; Privacy

 

Please note that, with the exception of credit card numbers, CMS does not want to receive confidential or proprietary information from you through our website. Any non-personal information or material sent to CMS will be deemed NOT to be confidential. By sending CMS any non-personal information or material, you grant CMS an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that CMS is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

 

Links to Third-Party websites

 

The CMS website contains links to third-party websites, which are not under the control of CMS. CMS makes no representations whatsoever about any other website to which you may have access through the CMS website. When you access a non-CMS website, you do so at your own risk and CMS is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. CMS provides these links merely as a convenience and the inclusion of such links does not imply that CMS endorses or accepts any responsibility for the content or uses of such websites.

 

Governing Law and Jurisdiction

 

This website (excluding linked sites) is controlled by CMS from its offices within the state of California, United States of America. By accessing this website, you and CMS agree that all matters relating to your access to, or use of, this website shall be governed by the statutes and laws of the state of California, without regard to the conflicts of laws principles thereof.

 

Trademark Information

 

The trademarks, logos and service marks ("Marks") displayed on this website are the property of CMS or other third parties. You are not permitted to use the Marks without the prior written consent of CMS or such third party which may own the Marks. "CMS" is a suggested trademark of CMS.

 

CMS Acceptable Use Policy

 

As a provider of website hosting and other Internet-related services, CMS offers its customers the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. CMS respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, CMS reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, CMS has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing the services of CMS. This AUP will be revised from time to time. A customer's use of the services of CMS after changes to the AUP are posted on CMS' website, www.ContractorMarketingServices.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

 

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When customers obtain information through the Internet, they must keep in mind that CMS cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that customers may acquire. For this reason, the customer must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because CMS cannot monitor or censor the Internet, and will not attempt to do so, CMS cannot accept any responsibility for injury to its customers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

 

When customers disseminate information through the Internet, they also must keep in mind that CMS does not review, edit, censor, or take responsibility for any information its customers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over to the network of CMS and may reach a large number of people, including both customers and noncustomers of CMS, customers' postings to the Internet may affect other customers and may harm the goodwill, business reputation and operations of CMS. For these reasons, customers violate CMS policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

1. Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward CMS, but also because it can overload CMS' network and disrupt service to other customers of CMS. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, CMS has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
2. Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. CMS is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also the policy of CMS to terminate the privileges of customers who commit repeat violations of copyright laws.
3. Obscene Speech or Materials -- Using CMS' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. CMS is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through CMS' network.
4. Defamatory or Abusive Language -- Using CMS' network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
5. Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
6. Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
7. Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
8. Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
9. Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.
10. Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
11. Other Activities -- Engaging in activities, whether lawful or unlawful, that CMS determines to be harmful to its customers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer. CMS will not, as an ordinary practice, monitor the communications of its customers to ensure that they comply with CMS policy or applicable law. When CMS becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

 

CMS also is concerned with the privacy of on-line communications and websites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, CMS urges its customers to assume that all of their on-line communications are insecure. CMS cannot take any responsibility for the security of information transmitted over the facilities of CMS.

 

CMS will not intentionally monitor private electronic mail messages sent or received by its customers unless required to do so by law, governmental authority, or when public safety is at stake. CMS may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, CMS may disclose information, including but not limited to, information concerning a customer, a transmission made using our network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. CMS assumes no obligation to inform the customer that customer information has been provided and in some cases may be prohibited by law from giving such notice. Finally, CMS may disclose customer information or information transmitted over its network where necessary to protect CMS and others from harm, or where such disclosure is necessary to the proper operation of the system.

 

Privacy Policy

 

Our customer's privacy is important to us.

 

Because we may gather certain types of information about our customers, we want our customers to understand the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather, how we use it, and how to correct or change it. CMS' policies and procedures for handling customer information have been created with the understanding that Internet technologies are still evolving and that Internet business methods are continuing to evolve to meet the needs and opportunities of the changing technologies. As a result, CMS' policies and procedures are subject to change.

 

In the course of serving its customers, CMS acquires, stores and transmits customer communications and information that customers may regard as private or sensitive. Some of this information - such as the customer's name, address, telephone number, and credit card data - is provided to CMS by its customers in order to establish service. Other information - such as the customer's account status, choice of services, and customer logs - is created and maintained by CMS in the normal course of providing service. CMS also uses cookies, which are small pieces of information that a website can store in a designated file on a user's computer for various reasons. In addition, CMS may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.

 

Data Security

 

CMS will protect the confidentiality of its customers' information, account information and personal communications to the fullest extent possible and consistent with the law and the legitimate interests of CMS, its employees and other customers of CMS’ services. To protect the loss, misuse, and alteration of information that is collected from customers, CMS has appropriate physical, electronic, and managerial procedures in place.

 

How is customer information used?
CMS may use customer information to provide its customers with system information or information about new or upgraded products.

 

Opt Out & Modifications

 

Customers may opt out of receiving notices of new or upgraded products from CMS by following the instructions contained at the end of the notice. However, customers may not opt out of receiving information from CMS which is essential for maintaining or updating customers' accounts or system information.

 

If offered, customers may access and modify their personal information via their online personal control panel/account information page. Customers may access and modify their personal information by contacting the appropriate CMS department.

 

Domain name customers who have registered a domain name with CMS and wish to change the Technical Contact from CMS to another company, may send a request to technical@ContractorMarketingServices.com. It is important to note that customer domain name registration information is made publicly available in the registry of domain names.

 

Disclosure of customer information and communications

 

CMS will not otherwise disclose its customers' personal and account information unless CMS has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of CMS, CMS’ customers, or others, or where CMS has a good faith belief that the law requires such disclosure.

 

CMS also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that CMS stores or transmits for its customers. The circumstances under which CMS will disclose such electronic customer communications are when:

1. it is necessary in order to provide service to the customer;
2. it is necessary to protect the legitimate interests of CMS and its customers;
3. it is required to cooperate with interception orders, warrants, or other legal process that CMS determines in its sole discretion to be valid and enforceable; and
4. it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by CMS and appear to pertain to the commission of a crime.

CMS disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. CMS will, however, review, delete or block access to communications that may harm CMS, its customers or third parties. The grounds on which CMS may take such action include, but are not limited to, actual or potential violations of the CMS Acceptable Use Policy.