Terms of Service
Acceptance of Terms of Use.
Markosweb.com ("SmartViper") provides its online services and Web Site to you,
the User, subject to this Terms of Service Agreement ("TOS"). SmartViper reserves
the right to alter the TOS at any time without notice to User. By using the SmartViper
web site, located at the URL markosweb.com, User agrees to abide buy this TOS Agreement.
Online Services and Disclaimer of Warranty.
The SmartViper web site provides online resources including, but not limited to,
Web Analytics, SmartViper Health Check Widget, SmartViper Safe Site Widget,
SmartViper Worth Widget, SmartViper SEO Score widget, and SmartViper Uptime Monitor.
Any new services, resources or informational content added to the web site shall fall
under the terms of this TOS Agreement. The online resources, informational content,
and software on this web site is provided "AS IS", AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR
A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR
NON-INFRINGEMENT. SmartViper assumes no responsibility for any data loss or other
loss suffered by any User of this web site. User is fully responsible for maintaining
its computer equipment and Internet access to use the SmartViper web site.
Registration.
Certain areas of the SmartViper web site are provided solely to registered Users
of the web site. Any User registering for such services agrees to provide true and
accurate information during the registration process. SmartViper reserves the right
to terminate the access of such Users should SmartViper know, or have reasonable grounds
to suspect, that a User has entered false or misleading information during the registration
process. ALL REGISTERED USERS MUST BE OF LEGAL AGE TO REGISTER. Children under the
age of 18 shall not be permitted to register unless under the strict supervision of
a legal guardian. SmartViper reserves the right to require valid credit card information
as proof of legal age. SmartViper maintains strict online Privacy Policy and will
not sell or give your information to other parties.
User account.
Users will select a username and password upon completing the registration process.
Users are fully responsible for maintaining the confidentiality of their username and
password. User agrees to immediately notify SmartViper at editor at markosweb dot com
should User know, or have reasonable grounds to suspect, that the username and password
have been compromised. SmartViper shall not be responsible for User's failure to abide
by this Paragraph.
Informational content supplied by Users.
User understands that all information, computer files, software, graphics, sound
files, and text, whether publicly displayed by User on the SmartViper web site, or
privately transmitted through the SmartViper web site, are the responsibility of
the User from which such informational content has originated. User is fully responsible
for any and all informational content that user uploads, posts, e-mails, or transmits
using the SmartViper web site. SmartViper does not and cannot control the informational
content Users transmit through the SmartViper web site. Under no circumstances shall
SmartViper be held liable for User's exposure to informational content that User deems
offensive, indecent or objectionable. Under no circumstances shall SmartViper be held
liable for any errors or omissions in any informational content transmitted by Users.
User conduct.
User agrees to not use the SmartViper web site to:
a. upload, post, or transmit any informational content that is unlawful,
threatens another person or entity, defamatory, vulgar, obscene, libelous,
invades the privacy of another, or is otherwise objectionable;
b. harm legal minors;
c. collect personal information on, "cyberstalk" or harass another User,
or engage in conduct that negatively affects the online experience of
another User;
d. impersonate another User, person, or entity, including any official or
employee of SmartViper;
e. intentionally or unintentionally violate any local, state, or federal
law, including violations of the Copyright Act;
f. upload, post or transmit any software or files that contain software
viruses or other harmful computer code;
g. interfere with the operation of SmartViper's web servers or other computers
or Internet or network connections;
h. upload, post or transmit any informational content that is the copyrighted,
patented or trademarked intellectual property of another, or the trade
secret of or confidential information of another;
i. upload, post or transmit and unsolicited or unauthorized advertising,
including "spam" or "junk mail."
SmartViper does not pre-screen uploaded, posted or transmitted content, but
SmartViper reserves the right to inspect, edit and delete any content that SmartViper
knows, or has reason to know, has violated this TOS Agreement. SmartViper reserves
the right to immediately, and without notice, terminate the account of any User found
to have violated the provisions of this TOS Agreement. SmartViper may disclose any
informational content Users post, upload or transmit to the SmartViper web site,
if such disclosure is necessary to enforce this TOS Agreement, to respond to claims
of intellectual property infringement, to comply with legal process, or to protect
the rights of SmartViper, the public, or other Users.
Content submitted by Users.
SmartViper does not claim ownership of any informational content submitted by
Users to the SmartViper web site. User grants SmartViper a non-exclusive, royalty
free license to use, distribute, reproduce, modify, and publicly display any informational
content submitted to the SmartViper web site. This license exists even if User removes
such content and will not terminate in the event that User removes such content.
Reviews submitted by Users
Constructive, overall criticism will be received and we can inform the website owner,
if the owner registers and confirms site ownership according to Markosweb.com policies.
Due to the fact that we cannot verify the validity of a complaint, we cannot publicly post
that complaint comment.If an overall constructive criticism is listed, we request that you
also try to offer positive experiences that you have had on the website.
We will not accept any posts or comments that relate to customer service issues.It is
important to note that we will not accept any posts that relate to:
* The advertising or listing of other websites or any products or services
* Comparisons to other websites in a negative manner
* Any comment that relates to SPAM, scams, fraudulent claims, trustworthy circumstances,
claims of validity, reviews or general comments of non-related issues, profanity,
lewdness or personal commentary attacks.
Opinions that provide false information may have legal ramifications.The website reviews are
your way of sharing your experiences on a website. A website review is something that allows you
to offer information that may be helpful to others. A review can include any services, products,
videos or even navigation of a website, as well as the general content, usability, design, and
interface. Overall reviews can help others but can also assist in the creation of a better website
solution for everyone.
Your review should be an overall review that may be of assistance to others. In considering
your review, you may want to ask yourself the question “Would this review be useful to me?” We
encourage positive comments that can offer a better web experience.
Important notice: Exceptions for submitting reviews of sites that violate markosweb's policy.
In case website violates any of markosweb.com policies such site's profile is typically deleted.
The submission of review of a website that was previously deleted for policy issues is not allowed.
User may submit a reconsideration request using contact us page.
Indemnity.
You agree to indemnify and hold SmartViper, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, 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 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.
No resale.
User agrees not to reproduce, copy, duplicate, or sell any portion of the SmartViper
web site.
Limits and modifications.
SmartViper may establish without notice limits on the use of its web site, including
the maximum number of times Users may modify claimed domains, or to the number of
times Users may access the SmartViper web site. SmartViper reserves the right to
modify any and all portions of the SmartViper web site without notice. Under no
circumstances shall SmartViper be liable to User or any other party for such limits
or modifications.
Termination of User account.
SmartViper may, at its sole discretion, terminate the User's account for any
reason. Under no circumstances shall SmartViper be liable to User or any other party
for such termination of User's account.
User removal of owned site.
If User is the owner of a domain, User may remove a domain from the SmartViper
web site by following the instructions on removal link. SmartViper is not responsible
for removing any content from third-party search engines that may separately index
the SmartViper web site. Removal from any search engines must be done using the policies
and procedures of the specific search engine. SmartViper will, at its discretion,
assist User if the search engine policies and procedures require intervention of
the SmartViper web site for removal.
Third party advertisers.
SmartViper may allow third party advertisers to advertise on the SmartViper web
site. SmartViper takes no responsibility for User's dealings with, including any
online or other purchases from, any third party advertisers. SmartViper shall not
be liable for any loss or damage incurred by User in its dealings with third party
advertisers.
Furthermore, SmartViper is currently utilizing, or may in the future utilize,
automatically targeted web advertising (such as Ads by Google) on its SmartViper
web site. Such advertisements, while sometimes generated based on site content or
user browsing history, are not under the direct control of SmartViper. Such advertising
is generated dynamically by the advertising company and SmartViper takes no responsibility
for its content or any damage incurred by User in dealings with such advertisers.
Content guidelines and hyperlink policy.
The Markosweb.com site contains hyperlinks to other Internet sites not under
the editorial control of Markosweb.com These hyperlinks are not express or implied
endorsements or approvals by Markosweb.com, of any products, services or information
available from these sites.
As the Site is opened and available for everybody, it is possible that users may
submit a content that violates this policy. Markosweb.com is strongly against content
belonging to categories listed in this section below and also against linking to such
sites. Regular routine checks performed to eliminate non compliant content submitted
maliciously by not responsible users who violate Terms of Service. User agrees to
carefully check site before submission and avoid submitting sites that may be falling
under any of categories below. Additionally user agrees to report any suspicious
content directly to Markosweb.com. Markosweb.com agrees to do best possible effort
to delete the content immediately but no longer then in 3 business days after reported.
Pornography, adult or mature content
Violent content
Content related to racial intolerance or advocacy against any individual, group or organisation
Excessive profanity
Hacking/cracking content
Gambling or casino-related content
Illicit drugs and drug paraphernalia content
Sales of beer or hard alcohol
Sales of tobacco or tobacco-related products
Sales of prescription drugs
Sales of weapons or ammunition (e.g. firearms, firearm components, fighting knives, stun guns)
Sales of products that are replicas or imitations of designer or other goods
Sales or distribution of coursework or student essays
Content regarding programs which compensate users for clicking ads or offers, performing searches,
surfing websites or reading emails
Any other content that is illegal, promotes illegal activity or infringes on the legal rights of others
SmartViper's intellectual property rights.
User agrees not to distribute, license, or create derivative works from any of
SmartViper's copyrighted or trademarked material, including graphic files and software,
available on the SmartViper web site.
Third-party intellectual property rights.
Use of any trademarks, brand names, service marks is for purely identification
purposes only. Such usage should not be considered an endorsement of any product or
service. Furthermore, such usage is not done for the purpose of sale of any produce
or service, or competing product or service. If you are a rights holder and have
concerns about the usage of any intellectual property on the SmartViper web site
please send us a FAX to (650) 641-2848 .
No warranties.
THE INFORMATION AND DOWNLOADABLE SOFTWARE PROVIDED ON THIS WEB SITE IS PROVIDED
"AS IS" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER
PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL
CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.
Limitation of liability.
Markosweb.com'S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE
AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO
THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). Markosweb.com IS NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR
CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT,
NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE. 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 LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
Notice.
Notices may be posted to the SMARTVIPER web site or e-mailed to Users using
the e-mail address Users submitted during the registration process.
General.
This TOS Agreement constitutes the entire agreement between you and SmartViper
and governs your use of the SmartViper web site. The failure of SmartViper 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 this TOS Agreement 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 Agreement remain in full force and effect. Any
claim arising under the terms of this TOS Agreement must be brought within one (1)
year after such claim or cause of action arose or be forever barred.
