Terms of Service

 

BarkSpiderWeb.com is a marketing company that operates and maintains a website at the URL "BarkSpiderWeb.com" (the "Website") and provides certain SEO services described in more detail below (the "SEO Services", together with the Website, the "Service"). By using the Service, you agree to be bound by these Terms of Service (this "Agreement"). If you object to anything in this Agreement or the BSW Privacy Policy, do not use the Service. This Agreement is subject to change by BSW at any time, effective upon posting on the Website, and your use of the Service after such posting will constitute acceptance by you of such changes. This Agreement includes BSW's Privacy Policy and any notices regarding this and any other Website we may host or service.

Description of the Service BSW provides clients and users with access to SEO Services, including but not limited to, search engine optimization marketing services, original content development services, and organic link building services tools. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service, including a computer and modem or other access device.

Intellectual Property Rights Barkspiderweb claims all rights including Intellectual property rights over the creations of our works. Barkspiderweb is the creator/author of all property rights on this and the property rights of our clients websites. Barkspiderweb maintains sole and exclusive rights over the use of our creations for a minimum period of 50 years.
By accessing this Website, you consent to have this Agreement provided to you in electronic form. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it to into any word processing program. You have a right to a paper copy of this Agreement. If you would like a paper copy, please contact us by completing the contact form on this site. If you request a paper copy of the Agreement, your account will be suspended until you return a signed copy of the paper agreement to BSW.

Barkspiderweb claims all Copyright and rights related to copyright all rights of creator/author works and artistic works including; computer programs, designs, scripting, coding, strategies, processes, development, industrial designs, proprietary information, trade secrets Ect…. that are protected by Intellectual Property Rights and or copyright, for a minimum period of 50 years. The main social purpose of protection of copyright and related rights is to encourage and reward creative work.

Service marks and Trademarks Are protected by first use in commerce and are owned solely by the registered owners. The main social purpose of protection of copyright, Service marks and Trademarks is to encourage and reward creative work.

Barkspiderweb Industrial property Barkspiderweb Industrial property can be characterized as the protection of distinctive signs, in particular trademarks (which distinguish the goods or services of one undertaking from those of other undertakings. The protection of such distinctive signs aims to stimulate and ensure fair competition and to protect consumers, by enabling them to make informed choices between various goods and services. The protection may last indefinitely, provided the sign in question continues to be distinctive. Barkspiderweb Industrial properties are protected primarily to stimulate innovation, design and the creation of technology, Including inventions (protected by patents), industrial designs and trade secrets. The social purpose is to provide protection for the results of investment in the development of new technology, thus giving the incentive and means to finance new research and development activities.

Privacy Please see our complete Privacy Policy above, which is incorporated into this Agreement. Further, you acknowledge, consent and agree that BSW 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 this Agreement; (c) respond to claims that your 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 BSW, its users and the public.

Personal Use The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998, you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, if applicable, and are responsible for all activities that occur thereunder. BSW reserves the right to refuse service to anyone at any time without notice for any reason.

Proper Use You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with this Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by BSW in its sole discretion; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. BSW reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of this agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Unauthorized Uses You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or BSW. You may not reverse engineer or reuse source code that is in public view. This includes any and all javascript. The code is BSW's copyright. You shall not transmit any worms or viruses or any code of a destructive nature. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by BSW for use in accessing the Service. You acknowledge that the Service is not intended for permanent storage and agree not to use the Service for archiving or back-up purposes.

Blocking of IP Addresses In order to protect the integrity of the Service, BSW reserves the right at any time in its sole discretion to block Registrants and Members from certain IP addresses from accessing the Website.

Modifications to Service BSW reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BSW shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Disclaimers of Warranties BSW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUIET ENJOYMENT. BSW MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE. IMN DOES NOT MAKE ANY WARRANTY THAT ANY DEFECT IN THE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BSW OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE SERVICES, INCLUDING THE WEBSITE, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY MATERIAL AND/OR DATA OBTAINED OR DOWNLOADED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED BY SUCH MATERIAL OR DATA INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. You agree that you must evaluate, and bear all risks associated with, the use of the Service, including any reliance on the accuracy, completeness, or usefulness of the service. In this regard, you acknowledge that you may not rely on any content created by BSW or submitted to BSW and all other parts of the Service. Use of the Website and the Services may result in technical malfunction, delay, or other problems with other systems, programs, or computer hardware. BSW cannot and does not guarantee compatibility with other systems and hardware.

Third-Party Content Certain content, products, and services available via the Service may include materials from third parties. In addition, BSW may provide links to certain third-party websites. You acknowledge and agree that BSW is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Links to other websites are provided solely as a convenience to you. Because BSW has no control over such sites and resources, you acknowledge and agree that BSW is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that BSW is not in any way responsible for any such use by you.

Limitation on Liability Except in jurisdictions where such provisions are restricted, in no event will BSW be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BSW has been advised 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 your inability to access or obtain any goods, data, information or services 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 content posted on the Website or transmitted to you or other users of the Service; or (vi) any inaccurate or out-of-date content produced by the tools or published on the Website; or (vii) any other matter relating to the Service. Notwithstanding any provision to the contrary, BSW's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to BSW in the twelve (12) months prior to the claimed injury or damage.

Indemnity by You You agree to indemnify and hold BSW, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of BSW's or any third party's rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. Your obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.

Confidential Information You agree to hold BSW's Confidential Information in confidence during the term of this Agreement and for a period of four (4) years after termination of this Agreement. You agree that, unless required by law, you will not make BSW's Confidential Information available in any form to any third party or use BSW's Confidential Information for any purpose other than the implementation of this Agreement. If you are required by law to disclose BSW's Confidential Information, you will provide BSW with reasonable notice of your intent to comply and provide all reasonable cooperation in assisting BSW to minimize the disclosure. "Confidential Information" means any information disclosed by BSW to you under circumstances that would lead a reasonable person to conclude that the information was confidential. Notwithstanding the above, the following types of information shall be considered Confidential Information, regardless of whether they are marked as such: any software or documentation related to the Services, trade secrets, technical know-how, inventions, educational materials, product development plans, pricing, marketing plans, and customer lists. Confidential Information shall not include information that: (i) is or becomes generally available through no act or omission of yours; (ii) was in your lawful possession prior to the disclosure and had not been obtained by you either directly or indirectly from BSW or (iii) is lawfully disclosed to you by a third party without restriction on disclosure. In the event that you become aware of an unauthorized use or disclosure of any BSW Confidential Information, you will promptly inform BSW and provide reasonable assistance in the investigation or prosecution of any such unauthorized use or disclosure.

Term and Termination This Agreement will remain in full force and effect while you use the Services. You may cancel your use of the Service at any time, for any reason by providing notice to (BSW) by completing the contact form on this site. BSW may, at any time and for any reason, terminate this Agreement, your account or your use of the Services by sending notice to you at the email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first calendar day following the date of electronic mailing or on the fourth calendar day following the date of first-class mailing or deposit with a commercial courier service. In the event of termination, your account will be suspended and disabled and you may not be granted access to your account or any files or other content contained in your account or website. If BSW terminates your use of this Service because you have breached this Agreement, you will not be entitled to any refund of unused fees that you have paid to BSW. Sections of this Agreement relating to (1) your account, password and security, (2) disclaimer of warranties and limitation of liability, (3) indemnification, (4) confidentiality and proprietary information, and (5) jurisdiction and choice of law, shall survive such termination, as well as any other provisions, which by their nature may survive such termination.

Jurisdiction and Choice of Law If there is any dispute arising out of this agreement or Service, you expressly agree to wave your right to suit and that any such dispute shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and arbitration venue in the Commonwealth of Massachusetts, and that you will responsible for all expences of a such resolution, dispute or disagreement.

Other The failure of BSW to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Terms of Service, the Privacy Policy and BSW's other customer policies posted on the Website constitute the entire agreement between you and BSW and govern your use of the Service, superseding any prior agreements between you and BSW (including, but not limited to, any prior versions of the Terms of Service). You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

 

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