By using this site and/or subscribing to the services offered by the site, you agree to the following terms of service:


Terms of Service

1. ACCEPTANCE OF TERMS

 
BloggingIntoBusiness.com is owned and operated by its principal Brad Rosenblatt and provides the website, software and hosting services to you subject to the following Terms of Service (“TOS”), which may be updated from time to time. You can review the most current version of the TOS any time at: https://bloggingintobusiness.com/terms-of-service/.

2. DESCRIPTION OF SERVICE

 
Users of this service are provided with website hosting and technical support and advice including various communications tools, search services, and personalized content (the “Service(s)”). You understand and agree that the Services may include advertisements and certain communications such as service announcements, administrative messages, text messages, and email newsletter(s), and that these electronic communications are considered part of our business relationship. You understand and agree that the Service is provided “AS-IS” and we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications.

3. YOUR REGISTRATION OBLIGATIONS

 
In consideration of your use of the Service, you agree to pay the designated monthly fee for the Service level selected by you and you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States and to provide payment for the Services. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or which we believe in our sole discretion has reasonable grounds to be suspected as untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you.

4. PRIVACY POLICY

 
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://bloggingintobusiness.com/privacy-policy/. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.

5. MEMBER ACCOUNT, PASSWORD, AND SECURITY

 
You will create a password or have an initial password automatically generated for you upon registering for or purchasing service. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to notify us immediately at [email protected] of any unauthorized use of your password or account or any other breach of security of the Service. You agree and understand we will not be liable to you or anyone else for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT

 
You agree you are solely responsible for all Content including that which is uploaded, posted, emailed, transmitted or otherwise made available via the Service by you or by anyone accessing your site hosted on the Service. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content.
You agree to not use the Service to:
upload, post, email or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
upload, post, email or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights (“Rights”) of anyone;
upload, post, email or otherwise make available junk mail, spam, chain letters, pyramid or Ponzi schemes, or the like allowed;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intentionally or unintentionally violate any applicable local, state, national, international law or regulation;
provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

You acknowledge that we may review your content hosted on the Service and we shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, we shall have the right to remove any Content that violates the TOS or is otherwise objectionable.

You acknowledge, consent, and agree that we may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of our principals, employees, associates, affiliates, users, and the public.

7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

 
We do not claim ownership of Content you submit or make available for inclusion on the Service, however, with respect to Content you submit or make available for inclusion on publicly-accessible areas of the Service, you grant us the following worldwide, royalty-free, and non-exclusive license(s), as applicable:
* With respect to the text, photos, graphics, audio, or video you submit or make available for inclusion on publicly-accessible areas of the Service which you or anyone else claim copyright to, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service for you. This license exists only for as long as you elect to continue to include such Content on the Service and terminates at the time you remove such Content from the Service or such content is removed after the termination of Service.

You agree, consent and understand that we may access your account and/or the information stored, hosted or connected with your account or use of the Service for, the purposes of providing you the Services, customer support, or ensuring the security, performance and operation of the service for all our customers or, to comply with any provisions of this TOS or the Privacy Policy.

8. DOMAIN NAMES / DNS AND OTHER THIRD-PARTY ACCOUNTS

 
You agree, consent and understand that we may need access to and occasionally access the registrar account for the domain name you have hosted with the Service. You agree and understand that it is your sole responsibility to ensure the timely payment of any registration fees for your domain name(s) with the applicable registrar.
You agree and understand that from time to time you may provide us with the credentials for third-party accounts under your control for the purposes of providing you with support, setup or configuration of those third-party services. You agree and understand that it is your sole responsibility to ensure the timely payment for such third-party services and we shall not be liable for any breaches in security of such third-party accounts nor make any warranty with respect to such third-party services or their ability to interoperate with the Service.

All disclaimers of warranty and liability set forth in Sections 15 and 16 below apply to our access, setup, configuration, support or any other use of your Domain Name / DNS account(s) or the accounts and credentials for third-party services you provide to us.

9. INDEMNITY

 
You agree to indemnify and hold the Service and Affililiate Companies, and each of their officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, expressly including, but not limited to claims of infringement of a third-party’s copyrights.

10. NO RESALE OR SHARING OF SERVICE

 
You agree and understand that the Service is for the individual use of a person or entity and resale or sharing of any portion of the Service (including your account name and password) is prohibited and may result in termination of the Services.

11. GENERAL PRACTICES REGARDING USE AND STORAGE

 
You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted to you and the maximum amount of bandwidth or bytes transferred from our servers by your use of the Service.

12. MODIFICATIONS TO SERVICE

 
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, including, but not limited to:.
Automatically upgrading your Service plan to a level sufficient to meet the bandwidth, storage and/or performance needs of your website(s). Such upgrade will incur an additional fee based on the pricing indicated at http://bloggingintobusiness.com/pricing. Notice of proposed Service upgrade will be provided no less than 48 hours prior to upgrade.
Automatic upgrading of your WordPress version, as well as upgrades to your installed plugins for performance or security issues.
Removal/deletion of plugins and/or third-party components that are negatively affecting the performance and operation of your website(s).
Modification of the method of delivery of your content through the use of caching, reverse proxy and/or load balancing.
You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service for any reason.

13. TERMINATION

 
You agree that we may, in our sole discretion and without prior notice, immediately terminate your account, deny access to any and all associated Content entered by you or related parties, and deny access to the Service for reasons that include, but are not limited to: (a) breaches or violations of the TOS or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that we shall not be liable to you or any third party for any such termination of your account, any associated email address, or access to the Service.

You may voluntarily elect to cancel your account at anytime by logging into your account and selecting to cancel your subscription or by emailing [email protected] with your cancellation request.

14. DEALINGS WITH ADVERTISERS

 
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

15. DISCLAIMER OF WARRANTIES

 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. THE SERVICE AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS, MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED, PROVIDED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ITS EMPLOYEES, PRINCIPALS OR AGENTS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

16. LIMITATION OF LIABILITY

 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE, AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF ADVERTISING REVENUE, SUBSCRIPTIONS OR PRODUCT SALES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH LOSSES ARE REASONABLY FORESEEABLE OR WE HAVE ACTUAL NOTICE OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU MAY BE OFFERED TECHNICAL SUPPORT AS PART OF THE SERVICES UNDER WHICH WE MAY MAKE MODIFICATIONS TO YOUR ACCOUNT, ITS CONTENT AND THE CONFIGURATION OF THE ASSOCIATED SOFTWARE AND SERVICES WHICH MAY DELAY, IMPEDE OR OTHERWISE AFFECT THE DELIVERY OF YOUR CONTENT AND/OR RESULT IN THE DELETION OF YOUR CONTENT, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE, AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF ADVERTISING REVENUE, SUBSCRIPTIONS OR PRODUCT SALES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM PROVIDED TECHNICAL SUPPORT.

17. EXCLUSIONS AND LIMITATIONS

 
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.

18. NO THIRD-PARTY BENEFICIARIES

 
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

19. NOTICE

 
We may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.

20. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

 
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be intentional or repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide us the following information in a writing signed (either physically or digitally) by the owner of the copyright or other intellectual property interest or a person authorized to act on his or her behalf:
a. a description of the copyrighted work or other intellectual property that you claim has been infringed;
b. a description (URL) of where the material that you claim is infringing is located on the site;
c. your address, telephone number, and email address;
d. a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
e. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You may give the above notice us at:
By mail:
P.O. Box 591
Clayton, CA 94517
By email:
[email protected]

21. GENERAL INFORMATION

 
Entire Agreement. The TOS constitutes our entire agreement with you and governs your use of the Service, superseding any prior agreements with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain add-on services, affiliate services, third-party content, or third-party software.

Choice of Law and Forum. The TOS and your relationship with the Service and its officers, principals, agents, employees shall be governed by the laws of the State of California without regard to any principles of conflicts of law. You agree to submit to the personal and exclusive jurisdiction of the courts sitting in and for the county of Contra Costa, California.

Waiver and Severability of Terms. Any failure by the Service and its officers, principals, agents, employees to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your account on the service is non-transferable and any rights to your membership ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.

22. VIOLATIONS

 
Please report any violations of the TOS to [email protected]

 

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