By Accepting these Terms and Conditions YaZoogle agrees to provide the Services set-out in below. We also reserve the right to amend these Terms and any prices signified in these Terms from time to time.
Any Non-Human Visitors to these Websites shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. Such individual(s) shall be deemed responsible for the actions of their Non-Human Visitor devices in the same manner as if they personally visited the Website.
Please read this Agreement carefully before accessing or using the YaZoogle Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by the YaZoogle acceptance is expressly limited to these terms.
The Website is available only to individuals who are at least 13 years old. If you are not yet 13 years old, you must stop using the Website immediately or else provide YaZoogle with written parental approval.
Our basic products and services are free to both Website owners & individual users. However we may offer some paid upgrades for advanced features such as domain hosting or extra disk space or bandwidth.
Our products and services are designed to give Website owners as much control and ownership over their site as possible and to encourage users/members to express themselves freely. However, each site owner must be responsible for the content of their site. In particular, as a site owner, you must make certain that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).
SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS
A special restriction on a visitor’s license to access the Website applies to all Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically.
Email addresses on YaZoogle are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. You acknowledge and agree that each email address the Website contains has a value not less than AUD $50. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminishes the value of these addresses. Intentional collection, harvesting, gathering, and/or storing the Website’s email addresses is recognized as a violation of this agreement and expressly prohibited.
You do not claim intellectual property right or exclusive ownership to any of our products or services, whether modified or unmodified. All products and services are the property of YaZoogle . Our products and services are provided ‘as is’ without warranty of any kind, either expressed or implied. In no event shall our organization (or any business or individual associated with YaZoogle be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products or services.
Your YaZoogle Account and Site.
If you create a site with YaZoogle you are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and YaZoogle may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause YaZoogle to be positioned for possible liability. You must immediately notify YaZoogle of any unauthorized uses of your site, your account or any other breaches of security. YaZoogle will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
If you operate a Website, comment on a Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, ‘Content’), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software or any other type of electronic content. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not obscene, libellous, defamatory, hateful or racially bigoted, does not violate the privacy or publicity rights of any third party and is not otherwise unlawful;
your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by YaZoogle or otherwise.
By submitting Content to YaZoogle for inclusion on the Website, you grant YaZoogle a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site or Content. If you delete Content and advise YaZoogle,YaZoogle will use reasonable efforts to remove said Content from the Website (generally within two business days), but you acknowledge that caching and/or other references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, YaZoogle has the right (though not the obligation) to, in YaZoogle’s sole discretion (i) refuse or remove any content that, in YaZoogle’s reasonable opinion, violates any YaZoogle’s policy or is in any way harmful, unlawful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in YaZoogle’s sole discretion. YaZoogle will have no obligation to provide a refund of any amounts previously paid.
Fees and Payment.
Paid services (such as website, domain, Hosting, eCommerce Carts, SEO, Marketing Services etc.) may be available on the Website. By selecting this service you agree to pay YaZoogle the monthly or annual subscription and or full fees indicated for that service. Payments will be charged on the day you sign up for the service and will cover the use of that service for a monthly or annual period as indicated. These Fees are re non-refundable once the Service has activated. YaZoogle has the right to turn off your service for NON payment.
YaZoogle will issue a Quote after a client interview. These Quotes are binding for 2 months only, thereafter, YaZoogle has the right to amend the quote. If you agree with the Quote, a 70% depost is required to start the website.
On Site Visits
YaZoogle may visit you on-site or at a place of convience to be pre-determed. There will be an hourly fee charged for these one one one visits either for a Website Interview or Content Management Tutorials. We hold the right not to visit.
WEBSITE MARKETING – Engage SEO Services with YaZoogle
You agree to pay YaZoogle 1 year in advance for their marketing services or if there has been special agreements for monthly payments, it is still to be considered 1 year service in advance.
Responsibility: You agree that YaZoogle is solely responsible for Ranking your website using their website marketing and SEO expertise.
Top 30 Ranking: We aim to get your website into the TOP 1 -30 of Major Search Engines using specific search key words such as Google -Yahoo – MSN – Lycos within a 6 month time-frame.
SEO Recommendations: You agree that search engines are independent companies who select and rank sites using their own criteria. To obtain a high ranking you must follow Yazoogle SEO Recommendations for optimising your website.
Key words: When you sign up for SEO, you will be asked for 3 specific key words you want your business to be found with in the Search Engines. These key words will be used in the meta tags on the home page only.
Website Traffic and Sales: We cannot be held liable for any loss of sales from poor website traffic.
No Client self-marketing: You must agree that you will NOT submit your website to any Search Engines or web directories or other 3rd party databases yourself. If YaZoogle finds that you have done so then:
a) The Top 30 SEO ranking will be held null and void
b) We will not be held responsible for your website address that will/may appear on undesirable websites as a result of this self-marketing.
c) We will not be held responsible for any loss of business sales or legal actions taken against your website or us for such links appearing.
d) We have the right to Terminate our Marketing Agreement with no refunds.
3rd party Marketing Companies Poching our work: You agree that you shall not during the duration of the yearly marketing time frame as per your Quote, engage another marketing company to take over the website marketing when you are ranking in the Top 30. You agree that if this is done, there would be a payout fee of $1000 paid in full to YaZoogle.
Marketing SEO Set-up fee – this is a one off fee to be Quoted which you agree to pay YaZoogle this fee before SEO starts.
Marketing SEO Maintenance Fee – you agree to pay YaZoogle thereafter, a monthly maintenance fee ( based on a agreed Quote ) for maintaining your SEO ranking to be paid 1 year in advance.
SEO Marketing PAYMENT REQUIREMENTS:
Payments. All payments must be made immediately after Invoices are received by you (E-mail, fax, or posting tax invoices) If payment is not received then Yazoogle has the right to temporarily remove the your website from the WEB until such payment is made.
Non-payment or broken contract: You agree, YaZoogle will have the right to remove all you website SEO Source Codes and you agree that YaZoogle will not be held liable in any way for the loss of website ranking as a result of these code removal.
REFUNDS: If your Website does not reach 1 – 30 in the major search engines after a 6 month time frame we will refund you 50% of the fees paid to YaZoogle.
TERMINATION OF SEO MARKETING AGREEMENT
TERMINATION BY CLIENT: You agree that when and if your website is ranking in the Top 30 of all major Search Engines i.e. Google, Yahoo, lycos. MSN Bing and this Marketing Contract with YaZoogle is then Terminated by you ( the client), You AGREE to pay a Yazoogle a Broken Contract Payout Fee of Aud $1000.00. You also AGREE that the website SEO source codes shall remain the intellectual property of YaZoogle and they shall be removed from my website on the date of Termination. You also AGREE that the website link ( domain name ) will be removed from these Search Engine databases with a no index and no robot status added to your website and the sitemap.xml /Html is also removed from these Search Engine databases which was created as part of your marketing plan which you are not paying for anymore. You also agree that YaZoogle will not be be held liable for any loss of sales for their website no longer ranking when removed from these databases for non payment.
TERMINATION BY YAZOOGLE: You agree that YaZoogle Marketing Services will be terminated if the website marketing SEO fees are Not paid by the due date indicated on the Invoice sent to you. You also AGREE that the website link ( domain name ) will be removed from these Search Engine databases with a no index and no robot status added to your website and the sitemap.xml /Html is also removed from these Search Engine databases which was created as part of your marketing plan which you are not paying for anymore.
You also agree that yaZoogle will not be be held liable for any loss of sales for their website no longer ranking when removed from these search engine databases for non payment.
Termination for Illegal website content :YaZoogle Marketing Services will be terminated at any time if the website contains any illegal material such as pornographic content, and or racially abusive content without any refund. You AGREE that the website SEO source codes shall remain the intellectual property of YaZoogle and they shall be removed from my website on the date of Termination.
FTP codes: You agree that the website FTP codes will not be released to you until all payments have been paid for the termination of contract and/or fees due on the account that has not been paid.
Responsibility of Website Visitors.
YaZoogle has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, YaZoogle does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Any user or site owner who finds content that is offensive, indecent, or otherwise objectionable, or content containing technical inaccuracies, typographical mistakes, or other errors has a responsibility to report such Content to YaZoogle. In the same way, anyone who discovers Content on the Website that contains material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated, must report the same to YaZoogle. YaZoogle disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the Websites and Web Pages to which YaZoogle links, and that link to YaZoogle.YaZoogle does not have any control over those non-YaZoogle Websites and Web Pages, and is not responsible for their contents or their use. By linking to a non-YaZoogle Website or webpage, YaZoogle does not represent or imply that it endorses such Website or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. YaZoogle disclaims any responsibility for any harm resulting from your use of non-YaZoogle Websites and Web Pages.
Copyright Infringement and DMCA Policy.
As YaZoogle asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by YaZoogle violates your copyright, you are encouraged to notify YaZoogle. YaZoogle will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of YaZoogle or others, YaZoogle may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, YaZoogle will have no obligation to provide a refund of any amounts previously paid to YaZoogle
This Agreement does not transfer from YaZoogle to you any YaZoogle or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with YaZoogle. YaZoogle the YaZoogle domain, the YaZoogle, and all other trademarks, service marks, graphics and logos used in connection with YaZoogle or the Website are trademarks or registered trademarks of YaZoogle or YaZoogle licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any YaZoogle or third-party trademarks.
YaZoogle reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. YaZoogle may also, in the future, offer new services and/or features through the Website (including, the release of new tools, services and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
YaZoogle may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your YaZoogle account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have other Paid Services account, such account can only be terminated by YaZoogle if you materially breach this Agreement and fail to cure such breach within thirty (30) days from YaZoogle ‘s notice to you thereof; provided that,YaZoogle can terminate the Website immediately as part of a general shut down of our service or other lawful reason. Additionally, a paid account may be temporarily terminated pending a determination of the facts relating to a possible breach of this Agreement. Upon termination, all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The materials on YaZoogle Website are provided ‘as is’. YaZoogle makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, YaZoogle does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site.
Limitation of Liability.
In no event will YaZoogle or its suppliers or licensors, or any individuals associated with those entities, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to YaZoogle under this agreement during the twelve (12) month period prior to the cause of action. YaZoogle shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless YaZoogle its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation of this Agreement.
APPLICABLE LAW AND JURISDICTION
Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service (“Judicial Action”) shall be governed by the law of the state of residence of the registered Administrative Contact (the “Admin State”) for the Website as such laws are applied to agreements between Admin State residents entered into and performed entirely within the Admin State. You consent to the jurisdiction of federal and state courts within the Admin State. You consent to the venue in any action brought against him in connection with breaches of these Terms of Service. You consent to electronic service of process regarding actions under the above agreement.
RECORDS OF VISITOR USE AND ABUSE
You consent to having your Internet Protocol address recorded. An email address may appear immediately below (the “Identifier”) if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.
VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.