- Membership software is any software that is installed on a clients own domain and that allows multiple members/users to belong to it and each member/user has their own login.
Membership Software License
When you purchase membership software you are purchasing a license that allows you to use the membership software on 1 domain. The license is for the lifetime of the domain you purchased it for and you do not have to renew the license. You must pay hosting fees and other per a member or email fees to keep the site active. If you do not pay the fees the hosting will be terminated and you will have to pay a fee to have the hosting reinstated in order to use the software license you purchased. You are not allowed to install the membership software on more than 1 domain AND you must install it on the domain you purchase the license for. If you wish to transfer the license and/or the site to a new domain name, you must contact us and there will be a fee to do the transfer.
1 email account which forwards to an email of your choice is included with any subscription to Web Marketing Tool. Any domain you host with us can have an unlimited amount of email accounts added to it. We do not provide support for email accounts. Sending SPAM from one of the email accounts we host is strictly prohibited. Violation of this can result in suspension or cancellation of the account without a refund. The only method we allow for sending emails is through our email marketing software which is setup to be CAN SPAM compliant and monitor abuse.
We do not provide refunds for any purchases made from our site. In the rare event that a client requests a refund and the work has not yet been started we MAY decide to issue a refund. If we issue a refund it is totally up to us.
We provide hosting for every membership software we sell. With our membership software we offer several hosting packages. We attempt to process all payments automatically, and you will be charged for the price of the hosting package that your site belongs to plus any membership or email fees. We offer a 99.9% uptime guarantee. If your site is down for more than this you can contact us and we will credit you $0.25 for every additional 0.1% of time that your site is down during the month. The credit will not exceed your monthly subscription amount and is credited to your next hosting bill.
We offer premium hosting that has stricter email regulations. Failure to abide by these regulations will cause your site to be downgraded to a regular (non-premium) hosting package. We reserve the right to update these regulations and you must follow the updated regulations to keep your premium hosting package.
- You and your members are not allowed to use spam to market your site. Spam includes, but is not limited to, sending mass emails to people that have not opted-in to a mailing list OR sending mass emails to people that have opted-in to a 3rd parties opt-in form and the 3rd party has resold their information to more than 5 people.
- You and your members are not allowed to send emails that have misleading subjects or subjects that do not match the content that is in the email. Examples of misleading subjects include, but are not limited to:
- Subjects saying a person has received a payment (Exa: You just received $100 payment OR I just received $100 dollars)
- Autoresponse subjects saying that you previously spoke with or saw a person (If it is an autoresponse message then saying you just spoke with the person wouldn't be true)
- Subjects that make you appear that you are someone that you are not
- Blank subjects
- Using Fwd: or Re: in the email subject when it is not a reply or forwarded message
- Autoresponse subjects that refer to a recent purchase (unless you can prove that EVERYONE that receives this message has made a purchase)
- You and your members are not allowed to send any emails that a person would consider offensive (exa: using hate, sexual jokes, racist remarks, etc.)
- You and your members are not allowed to send contacts more than 2 automated messages per a day
- You and your members are not allowed to send emails that contain false information
We have a zero tolerance for spam sent out by any of the sites we host. Spam includes, but is not limited to, sending emails to people who have not opted in to your list, adding people to your list without their approval, or adding people back into your list who have chosen to opt out, reselling or giving out a contacts information UNLESS you specifically state that you will resell or give out their information to a 3rd party. Violation of this can result in suspension or cancellation of your account without a refund. If we determine that one of the members using your site is responsible for sending spam or violating one of our terms and conditions then we will delete their account from your site.
Our membership software is warranted against bugs and we will fix any bug you find. If you notice a bug you need to contact us either by email, phone or by filling out a support request. We will fix the bug within 3 business days. If it takes longer than 3 business days to fix the bug then we will credit your account $1 for every additional day. Our warranty does not include bugs caused by you (the client) by modifying the code on one of the pages or bugs created while a worker was working on a support request. To fix these bugs we will charge the time spent as a support request.
You are prohibited from using viruses (trojans, adware, etc) to market your site or capture page. Violation of this can result in suspension or cancellation of your account without a refund.
We do not give subscription or shared hosting clients FTP access to the site that we host for them. Dedicated hosting clients get sFTP access to their server.
Billing for our hosting packages occurs monthly, 1 month from the date of the original order. Payment for support requests is made upfront. If you miss payment you will be given 10 "grace days" to make payment. If you do not make payment within those 10 days your account will be suspended. If you do not make payment within 60 days then your account will be deleted and you will lose all of your contacts and members signed up to your site as well as all other content and data. If your product is the membership software then you be charged a fee to re-install if you wish to have your site set back up.
If your website is up less than 99.9% of the time during a month OR if it took us longer than 3 business days to fix a bug we will credit your account. The amount we will credit is listed in the sections above. In order to receive a credit you must notify us about the credit you wish to receive.
You may use the template designs we provide you but you are not allowed to copy them to another site or use them outside of the software that we provided you with. You are not allowed to take any elements of the design or copy and re-use them in any manner. You are not allowed to resell or give away our templates except as provided through the membership software.
We will purchase stock photos to use in your design. Part of our design fee includes the cost of us purchasing stock photos. You are responsible for making sure you have the rights to use any photos or logos that you send us to use in your design. Once a design is started there is no refund. Once we have provided a first draft, we allow up to 2 revisions. After we have completed 2 sets of revisions the design is considered as complete whether or not you are happy with the design. We can make additional revisions for an additional fee. Once a design is complete and has been installed you loose the ability to have additional free revisions and there will be additional fees if you need for us to go back and modify the design or the installed page.
You must indemnify and hold us and our employees, representatives, agents, members, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorney fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of provision in this Membership Agreement through any act or omission. If you have to indemnify us under this section, we will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.
You agree that, under certain circumstances and without prior notice, We may suspend or terminate your use of the Website/software and/or our Services, including without limitation, if We believe, in our sole and absolute discretion, that you have breached a term of this Membership Agreement. You acknowledge and agree that all suspensions and terminations shall be made in our sole discretion and that We shall not be liable to you or any other party for said suspension and/or termination. Upon termination, your license to use the software/Website, our Services, and everything accessible by and/or through the Website and/or our Services shall terminate and the remainder of this Membership Agreement shall survive indefinitely unless and until we choose to terminate them. Upon termination of any part of this Agreement for any reason, we may delete or assume ownership of any Content or other things— including without limitation URLs, domain names, and email lists—relating to your use of our Website and/or our Services that is on our servers or otherwise in our possession or control, and We will have no liability to you or any third party for doing so.
Support and Services
If using our support service you agree to support terms and pay for time spent via support credits. Support credits can be per-purchased in the WMT client admin and subject to change from time to time. Support requests are not guaranteed. Support credits used on a software bug will be rewarded back you to, however you will need to have support credits determine if a 'bug' or not. Support is simply paying for time to work on the system if approved and not guaranteed results of that time.
You agree that any upgrade request you pay that you have no ownership or intellectual rights over the upgrade that is created and you will not be provided with any of the code resulting from the upgrade request that you paid for. The upgrade request and any ideas that come out of it are fully owned by Web Marketing Tool co.