Terms and Conditions (User Agreement)
By using the Zipsta web site ("Service"), all services of Zipsta, Inc. ("Zipsta"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Zipsta reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.zipsta.com/info/termsandconditions Violation of any of the terms below will result in the termination of your Account. While Zipsta prohibits such conduct and Content on the Service, you understand and agree that Zipsta cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
1. You must be 18 years or older to use this Service.
2. You must be a human. Accounts registered by bots or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. Your login may only be used by one person; a single login shared by multiple people is not permitted.
5. You are responsible for maintaining the security of your account and password. Zipsta cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
7. If you are using a free account you are not permitted to block ads.
8. One person or legal entity may not maintain more than one free account.
9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms
1. A valid credit card is required for the purchase of lead credits.
2. The Service is billed at the time lead credits are purchased.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
4. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
5. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Zipsta does not accept any liability for such loss.
Cancellation and Termination
1. You are solely
responsible for properly canceling your account. An email or phone request to
cancel your account is not considered cancellation. You can cancel your account
at any time by clicking on the "My Profile" link from the drop down menu at the top of the
screen. Next on the My Profile page click "Edit My Profile". Then select the "Account" tab where you'll find a red "Delete Account" button.
2. All of your Content will be immediately deleted from the Service upon cancellation. This information can't be recovered once your account is cancelled.
3. If you have previously selected auto renewal for lead credits and decide to cancel the Service, your cancellation will take effect immediately and you will not be charged again.
4. Zipsta, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Zipsta service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Zipsta reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
1. Zipsta reserves 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.
2. Prices of all Services, including but not limited to lead credits, are subject to change upon 30 day's notice from us. Such notice may be provided at any time by posting the changes to the Zipsta Site (www.Zipsta.com) or the Service itself.
3. Zipsta shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
2. Zipsta does not pre-screen Content, but Zipsta and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
3. The look and feel of the Service is copyright�2009 Zipsta, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Zipsta.
1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
2. Technical support is available via email.
3. You understand that Zipsta uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. 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, Zipsta, or any other Zipsta service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Zipsta.
6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Zipsta customer, employee, member, or officer will result in immediate account termination.
8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not upload, post, host, or transmit unsolicited email, SMSs, or spam messages.
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Zipsta) of other Zipsta customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
12. Zipsta does not warrant that (i) the service will meet your specific 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 or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
13. You expressly understand and agree that Zipsta shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Zipsta 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 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; (v) or any other matter relating to the service.
14. The failure of Zipsta to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Zipsta and govern your use of the Service, superseding any prior agreements between you and Zipsta (including, but not limited to, any prior versions of the Terms of Service).
15. Questions about the Terms of Service should be sent to support at Zipsta dot com.