Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF SERVICE. Pubster Software. Any Pubster software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available on this website is licensed to you by Digital Marketing, and no ownership rights pass to you. You shall not copy, distribute, sell, modify, transfer, decompile, reverse engineer, disassemble or create derivative works from any Software. License Fee. The license fee is a one-time charge. No Monthly Charges. No Annual Fees. When there is a major upgrade to the next version, it is made available to current users first for a limited time, at a discounted rate. Earnings and Usage Disclaimer. Pubster is designed to help its users generate revenue online. We do not guarantee any level of income with the purchase of Pubster. Testimonials on Pubster.com are not to be construed as representing what you will earn. By licensing Pubster, you agree that Digital Marketing is not responsible for any success or failure of your business, in relation to any information presented by us. In addition, Digital Marketing and Pubster.com are released from any liability that may result from your use or misuse of our products. Affiliate Programs. Pubster software works with outside affiliate programs. Digital Marketing does not accept any responsibility for the actions of outside affiliate programs such as eBay, Amazon, Google, YouTube, and any others. Copyright. Except as otherwise indicated, all website materials, including but not limited to design, text, and graphics, are the copyright property of Digital Marketing, ALL RIGHTS RESERVED. You may copy and print excerpts of this website only for non-commercial personal use, or non-commercial use, provided the materials are not modified and all copyright notices are retained. Any other use of the materials in this website, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, or display without the prior written permission of Digital Marketing is strictly prohibited. Guarantee. If Pubster software fails to work on your web host's PHP5 system, your purchase is backed with a 100% money back guarantee. Refunds must be requested within 30 calendar days (no exceptions) of your purchase of the Pubster software license. Before you ask for a refund, you must contact us directly at sales@pubster.com and we will attempt to solve your problem. If your problem can not be solved, requests for refund must be made within 30 calendar days of purchase. Hosting
PubsterMax is licensed for one installation on one host. However, PubsterMax can power unlimited number of sites through the single admin interface Hundreds of Pubster users have found Hostgator to be an ideal host which is now powering thousands of Pubster sites without incident. We can provide support as we use Hostgator ourselves and are familiar with their set-up. we can't provide support for other hosts. Support. Support is provided after you have reviewed Pubster.com video tutorials and posted your question on the Pubster Support Forum. To contact us for further support, here are the requirements: Use our online email contact form, and include the following: - Your name
- Your email address
- Your website url
- Pubster order number
- Your hosting service (HostGator, etc)
- Access login and password to the hosting admin area
- Access login and password to your Pubster site
- A complete description of the problem you experience, including page name, url address, and other identifying details.
Privacy Policy. The privacy and confidentiality of our users and prospects is a serious responsibility. We will never disclose any personal or identifying information to any third party in any form. We make every attempt to keep client's information fully secure to prevent any possibility of identity theft and protected from any third parties seeking marketing information. The only exceptions to the above statement are when action is necessary to: (1) conform to legal requirements or comply with the legal process, (2) protect and defend the rights or property of Digital Marketing, and its owners, (3) enforce our terms of use, or (4) act to protect the interests of our users or public welfare. Submissions. You agree that any materials, including but not limited to questions, comments, suggestions, ideas, discoveries, forum posts, or other information provided by you in the form of email or submissions to Digital Marketing or Pubster.com, or postings at this website, are non-confidential and shall become the sole property of Digital Marketing to the fullest extent permitted by applicable law. Digital Marketing shall own exclusive rights and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or additional compensation to you. Forums, Postings and Feedback. This website may include discussion forums or other interactive areas. You agree not to upload to, distribute or otherwise publish through this website any content which is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any law. On this site you shall not, without the express written approval of Digital Marketing, distribute or publish promotions, advertising or solicitations for funds, goods or services. You shall remain solely liable for the content of any messages or other information posted by you on this website, and Digital Marketing takes no responsibility and assumes no liability for the content of posted or uploaded material. Please contact Digital Marketing concerning any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on this site. Digital Marketing reserves the right, in its sole discretion, to remove or edit any material posted by you that is determined to be harmful, offensive or otherwise inappropriate. Copyright Infringement by Postings. By posting content to this site, you warrant to us (and we rely on this warranty) that such items are known to you to be copyright free or otherwise in the public domain, and you agree to indemnify us against all claims, damages, or losses arising from an action alleging infringement of copyright or other proprietary rights in such work. We undertake no duty to determine the validity of any claim of copyright. Upon receiving written notice to Pubster.com that any item posted on this site is believed to infringe a copyright, we will remove said work and will not permit its re-posting. We make no warranty as to the operability or fitness for any particular purpose of any shareware software posted to this site, and will assume no liability for any losses or damages alleged to arise from use of or reliance on such software. We undertake no duty to determine the fitness for any particular purpose of any information or software posted to this site. Hyperlinks. Digital Marketing makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this website, or websites linking to this website. Trademarks. "Pubster" and the products and services described in the Pubster website are either trademarks, trade names or service marks of Digital Marketing and its licensors, or are the property of their respective owners. These marks may not be copied, imitated or used, in whole or in part, without the express prior written permission of Digital Marketing. In addition, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, and/or copyrights of Digital Marketing, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Digital Marketing Commercial Use Not Permitted. No commercial use of the information on or under the Pubster websites is licensed or permitted. The sale of websites created with Pubster software is expressly prohibited without written consent from Digital Marketing. Sharing, reselling or renting of software licenses, either directly or indirectly is expressly prohibited. The use of Pubster's sites and software are restricted to the purchaser's only. Disclaimer. THIS WEBSITE AND THE MATERIALS UNDER THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DIGITAL MARKETING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DIGITAL MARKETING DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN IT'S WEBSITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. DIGITAL MARKETING DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Limitation of Liability. IN NO EVENT SHALL DIGITAL MARKETING BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF ITS WEBSITES, TOOLS, SOFTWARE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH ANY OF ITS WEBSITES. Applicable Law. The laws of the state of Arkansas shall govern the construction and interpretation of the these Terms and Conditions and the rights of the parties hereunder. By accessing and/or placing orders under Digital Marketing's websites, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions and by all applicable laws and regulations. Visitors who do not agree with these Terms and Conditions should not access or place orders through Digital Marketing websites. Any controversy or claim arising out of or relating to your use of this website or any services provided hereunder shall be settled by binding arbitration to be held in the English language in Fayetteville, Arkansas. Any award rendered by the Arbitrator(s) may include costs against either Party, but under no circumstances are the Arbitrator(s) authorized or empowered to award special, punitive or multiple damages against either Party. Termination. Notwithstanding any of these Terms and Conditions, Digital Marketing reserves the right, without notice and in its sole discretion, to terminate your license to use this website, and to block or prevent future access to and use of this website. Severability. If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Language. It is at the express consent of the parties that the present agreement be written in English. Changes to these Terms. Digital Marketing reserves the right to change, modify, or update these terms and conditions of use, at any time without notice.
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