Web Site Agreement
My List Frog Web Site Agreement
The My List Frog Web Site (the "Site") is an online information
service provided by My List Frog ("My List Frog "),
subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU
DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE. My List Frog MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO
BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR
USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are My List Frog, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from
the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright or
proprietary notices from the materials. You agree to grant to
My List Frog a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to My List Frog by all
means and in any media now known or hereafter developed. You also
grant to My List Frog the right to use your name in connection with
the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against
My List Frog for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
My List Frog.
TRADEMARKS.
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of
My List Frog. Other product and company names
mentioned in the Site may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by My List Frog,
My List Frogdoes not operate, control or endorse any information, products or
services on the Internet in any way. Except for
My List Frog-
identified information, products or services, all information,
products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with
My List Frog a. You also understand that
My List Frog cannot and
does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. My List Frog PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND My List Frog SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
My List Frog DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
My List Frog HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL My List Frog BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF My List Frog OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, My List Frog LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
My List Frog makes no representations whatsoever about any other
web site which you may access through this one or which may link to
this Site. When you access a non-My List Frog web site, please
understand that it is independent from My List Frog, and that
My List Frog has no control over the content on that web site. In
addition, a link to a My List Frog web site does not mean that
My List Frog endorses or accepts any responsibility for the content,
or the use, of such web site.
3. Mailing System.
By joining My List Frog YOU AGREE TO POSSIBLY RECEIVE OVER 100+ EMAILS EVERY 24HRS FROM
bounce@mylistfrog.com. Please add this email address to your address book and mark all emails from
bounce@mylistfrog.com as NOT SPAM. This is to ensure all members get other members' Solo Ads,
and List Mailings, as well as website updates, commissions info etc. Again, these emails may be for updates, account issues,
My List Frog promotions including but not limited to Solo Ads, and List Mailings from
My List Frog members or anything that My List Frog needs to relay to all members. You also agree to receive up to 1 email every
7 days from your sponsor up to 10 levels deep from the Downline Mailer System. Your sponsor will not know your email address.
My List Frog will send 6 solo ads at most per day and occasionally 1 admin email.
Most will be Solo Ads, and List Mailings, you will be rewarded with credits when you read them.
4. Refunds.
Once you pay for your lifetime or monthly membership, or buy advertising. If you would like a refund, simply submit a support ticket stating that you would like a refund. Your refund will be sent and your account will be deleted. You will lose any earned commissions and will not be eligible for payment. By joining and paying for any paid portion of
My List Frog, you agree to all the terms and conditions on this page.
5. Subscriptions.
You agree that you are responsible for managing your own subscriptions. If you
have purchased a monthly subscription of either a membership level, or any type
of monthly advertising, YOU are required and responsible for terminating the
subscription through Paypal or your credit card. My List Frog will not be held
responsible for charges to your accounts, and refunds will not be given for
being negligent with in handling your own subscription properties.
6. SPAM.
My List Frog has a zero tolerance for spam. Anyone caught spamming will be deleted from the program and is subject to civil and criminal prosecution including up to $50,000 in fines. If you are to include
My List Frog's name or URL in any email promotion, please only email to your own "double-optin" subscribers. Safelists are also allowed as well as downline mailing programs such as
YourLuckyList.
7. FTC COMPLIANCE.
My List Frog requires all members to be FTC Compliant. No false or misleading statements. You must be able to back up your claims with
irrefutable proof if required to do so. Please review FTC
Guidelines, by creating your membership with My List Frog, you agree to these conditions!
8. Indemnification.
You agree to indemnify, defend and hold harmless My List Frog, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
the Service.
9. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of My List Frog and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
10. Term; Termination.
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
11. Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable to agreements
made and to be performed in The United States of America. You agree that any legal
action or proceeding between My List Frog and you for any purpose
concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in The United States of America . Any cause of action or claim you
may have with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or such claim or
cause of action is barred. My List Frog's failure to insist upon or
enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. My List Frog may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
Any rights not expressly granted herein are reserved.
COPYRIGHT NOTICE.© 1999-2004
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Prepared for: My List Frog ,All rights reserved.
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