This user agreement is for usage of all areas, both public
and private.
The DIME Consultants Inc. network of Web Sites and related
properties, (the "Site") is an online information service provided by DIME
Consultants Inc. at the following sites: (www.DIMEConsultants Inc..com,
www.zonehunt.com, www.zonehunt.net, www.dime-co.com,
www.businessandmarketing.com, www.viralexchange.com, www.onewebsiteway.com,
www.zonehuntppc.com, www.websitefuel.com, www.keyboardcash.com etc.), subject to
your compliance with the terms and conditions set forth below. We may update
these Terms from time to time without giving you any notice.
DIME Consultants Inc. may modify this agreement at any time,
and such modifications shall be effective immediately upon posting of the
modified agreement on the Site.
You agree to review the agreement periodically to be aware of
such modifications and your continued access or use of the site shall be deemed
your conclusive acceptance of the modified agreement.
If there is any conflict between the Terms set forth below and
any of the terms or notices set forth on any other DIME Consultants Inc. Site,
then the terms at that DIME Consultants Inc. Site will control your use of that
DIME Consultants Inc. Site. Please review the terms of use for each DIME
Consultants Inc. Site so that you understand all of the terms that will apply.
DIME Consultants is pleased to give you access to this site
free of charge, or at an upgraded membership level. In order to access this site
however, you must have an internet provider and the equipment required.
Except for the information specifically identified as being
provided by DIME Consultants, all of the information provided or referenced on
this website has been provided by external sources.
While you may submit adult related sites and such to the
engines accordingly, you are not permitted to solicit *ANY* of our members in
any way with your materials.
While we do our best to ensure that no pornographic or similar
sites are solicited to our members at our sites, we may not be able to exclude
all of it. If you view this adult content, we understand that you are telling us
that you are at least 18 years old and that the material you are viewing is
acceptable to you. DIME Consultants Inc. cannot be held responsible if you are
found using these sites.
If you come across information that should be excluded
here, please let us know by
contacting us.
The web sites submitted to our search engine submitter are
developed by people we do not control. The process of including sites in our
traffic system community is mainly automatic. DIMEConsultants Inc. does not
screen most of the sites included in the site. For these reasons, we assume no
responsibility and cannot be held liable for the content of any site included in
the directory. We are not responsible for any errors or omissions contained in
any DIME Consultants Inc. site (or any sites you may link to from our site or
any of the DIME Consultants Inc. Sites). We are not responsible and cannot be
held liable for any offensive or otherwise objectionable content contained on
any DIME Consultants Inc. Site.
Your use of the services, including any download from the
services and any loss of data or other damage to your computer system is at your
sole risk. You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Site for the
reconstruction of any lost data.
DIME Consultants is not responsible and assumes no liability
for the quality, merchantability or fitness for a particular purpose of the
products or services advertised on this website or available from external sites
and listed or described on this website, nor is DIME Consultants responsible and
assumes no liability for the accuracy, reliability or currency of the
information contained or referenced on this site and supplied by external
sources.
Copyright, Licenses and Idea Submissions.
Copyright (c) 2002 DIME Consultants Inc. All Rights Reserved.
Domestic and International copyright and trademark laws protect the entire
contents of the Site. The owners of the intellectual property, copyrights and
trademarks are DIMEConsultants Inc., its affiliates or other third party
licensors such as those who add the content included here. YOU MAY NOT MODIFY,
COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY
MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE
EXCEPT WHERE CLEARLY STATED.
DIME Consultants either owns the intellectual property rights
in the underlying html text and other content made available to you on this
website, or has obtained the permission of the owner of the intellectual
property in such content to use the content on this website.
You may access from the different areas of the Site solely for
your own non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You may use the Services on
the DIMEConsultants Inc..Com website and the DIME Consultants Inc. sites for
your personal or commercial use.
You agree not to modify, reformat, copy, distribute, licence
or publish in any form or sell any information, products or services obtained
from DIMEConsultants Inc. except as set forth below. This means that you will
not mirror the DIMEConsultants Inc. pages or results pages unless you have
written permission from DIMEConsultants Inc..Com.
When you have written permission from DIMEConsultants Inc.,
using the site does not give you proprietary or exclusive licencing rights,
including intellectual property or other proprietary rights of DIME Consultants
Inc. or other companies with which we are affiliated. YOU UNDERSTAND THAT YOU
HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER DIME Consultants Inc. PROPERTY EXCEPT
AS WE INDICATE IN THESE TERMS.
You agree to grant to DIMEConsultants Inc. a non-exclusive,
royalty-free, worldwide, sub-licensable, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the Site (such as
article submissions, resource submissions, testimonials, bulletin boards, or
forums) or by e-mail to DIMEConsultants Inc..com by all means and in any media
now known or hereafter developed.
You also grant to DIME Consultants Inc. the right to use your
name in connection with the submitted materials and other information as well as
in connection with all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against DIME Consultants Inc.
for any alleged or actual infringement or misappropriation of any proprietary
right in your communications to DIME Consultants Inc.
All product names and logos mentioned on this website and
accessible through this website are trademarks of their respective owners.
All graphics, logos and backgrounds are owned by DIME
Consultants and are copyrighted and trademarked to us with the exception of
sponsors banners/graphics. No graphics may be removed from this website without
permission. DIMEConsultants Inc. is a registered trademark of DIME Consultants
Inc.
For information on our Privacy Policy,
.
Advertising & Service Warranties
Some of the information on this Web site may contain
projections or other forward-looking statements regarding future events or the
future financial performance of DIME Consultants Incorporated. We wish to
caution you that these statements are only predictions and that the actual
events or results may differ materially. Advertising on any of the DIME
Consultants Inc. websites respectively is non-refundable, as is any other
advertising service online or off, and does not guarantee visitors or sales of
advertiser's product or services.
Where a money back guarantee is stated, the guarantee will
be honored according to the terms of the offer, provided the information for
sale is owned by DIME Consultants Inc. DIME Consultants Inc. is not responsible
for any guarantees or warranties outside of DIME Consultants Inc. ownership.
Cancellation or Termination
Attempts at charge backs will result in immediate fraud level proceedings:
termination of accounts and legal action will be taken. Any member who simply
cancels a credit card purchase with his/her credit card company without going
through our proper channels for refund will be fully prosecuted for attempted
credit card fraud and placed in immediate collection. A full report will be
provided to the credit card company proving all submissions and correspondence,
including IP Trace. We have won chargebacks in the past and WILL continue to
do so.
We will only provide a Money back refund if we
have not supplied the promise according to the offer, and this will NOT be
issued until after the term of the refund offer. Refund guarantees are
not valid if your site
contains forced bookmarks, alert boxes, or forced downloads of any kind.
Tracking is monitored by our advanced system. In the event a discrepency occurs,
our tracking system will be deemed accurate. (Our system can not be tricked by
us, be assured of that - a visitor MUST visit your site for a set amount of time
to be counted). We will not accept "Roibot" or other tracking methods as
accurate - when redirects occur, it often stops tracking, and therefore will not
be allowed.
Money back guarantees are ONLY valid on those
promotions that offered it, and will not be refunded on any other terms.
If you have however, received a money back
refund on ANY service, you will no longer qualify for a refund on any further
services or a portion thereof. We do reserve the right to refuse future services
to anyone who has asked for a refund. That includes future purchases at our
judgement.
We do not give refunds because you "forgot" you
joined our sponsor program. It's not a valid excuse - just as you can't order
something from the store, then ask for a refund six months or a year later
because "you forgot" what you purchased and didn't use it. You are responsible
for submissions your information.
Refunds will not be provided "because you are
broke and you need your money back". While we sympathize with sudden changes in
financial situations, our refund policy does not allow this.
Refunds will not be provided on bonuses as they
are just that - bonuses.
Refunds will NOT be given on unused portions of
advertising.
Refunds will NOT be provided because you are cancelling the
program/site you are promoting.
Refunds are only provided as stated above - if the offer
stated a money back guarantee and if we have not met the terms stated there.
These refund policies are not to offend
anyone. They are here to protect everyone, including our other clients, from
fraudulent users as some have tried in the past. We do not work for free, as you
would not work for free.
We do NOT guarantee sales on your website, nor
can we promise "guaranteed leads" or anything similar. Truthfully, most "lead"
services are not valid leads - they are people getting paid for joining things.
We DO NOT utilize any of these methods, and therefore will NOT refund anyone on
the terms that they did not receive leads or sales. I don't know you, I don't
know your website, and other than matching your target market, I do not know the
people who follow to your website, nor can I predict their actions. Even in a
case where we do consulting, we will always do our best to increase your sales -
however, we can never guarantee sales.
We hire programmers to complete the work on some portions according to your purchases. Be aware that delays sometimes occur and we have paid for the work to be done. When this happens, we cannot refund your money as it was paid to have the work completed. If the programming has taken far longer than it should, the maximum refund allowed will be the cost paid for the product.
Abuse
We will not tolerate verbal or written abuse of any kind. If
you have a problem or concern, please contact us. We return all phone calls, and
all emails received. If you do not receive an email response from us, there are
only two reasons for such: 1) your mail provider is blocking our return email
(which happens on sites such as AOL), or 2) we did not receive the email at our
end.
ANY verbal or written abuse could result in your account(s)
being terminated, and in that case, all refund offers will be forfeited. You
deserve to be treated with respect, and so do we.
Trademarks.
@dime-co.com, www.dime-co.com, @dime-co, eMarket Smarts, The
Biz Opp Ezine, Pathways To Success Ezine, Pathways-To-Success.com, PTSEzine,
Where the Puzzle of Internet Marketing...Becomes The Picture of Work At Home
Success, eMarketSmarts, 1websiteway, AboutNiagara.com, ZoneHunt, Search Engine
Boot Camp, ViralExchange, Zonehunter, and/or any other names of DIME Consultants
Inc. or its Web sites, publications, products, content or services referenced
herein or on the Site are the exclusive trademarks or servicemarks of DIME
Consultants Inc., including the "look" and "feel" of the Site, DIME Consultant
Inc.'s color combinations, layout, and all other graphical elements. Any use of
DIME Consultants Inc.'s trademarks is strictly prohibited without the express
permission from DIME Consultants Inc. Other product and company names mentioned
in the Site may be the trademarks of their respective owners.
Use of the Site.
You understand that, except for information, products or
services clearly identified as being supplied by DIME Consultants Inc., DIME
Consultants Inc. does not operate, control or endorse any information, products
or services on the Internet in any way. Except for DIME Consultants Inc. -
identified information, products or services, all information, products and
services offered through the Site or on the Internet generally are offered by
third parties that are not affiliated with DIME Consultants Inc. You also
understand that DIME Consultants Inc. cannot and does not guarantee or warrant
that files available for downloading through the Site will be free of infection
or viruses, worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external to the Site for
the reconstruction of any lost data.
In connection with your use of the Site, you agree you will
not:
- Transmit or submit any message, information, data, text,
software or images, or other content ("Material") that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, or otherwise objectionable that may invade another's right of privacy
or publicity;
- Impersonate any person or entity, including but not limited
to, an DIME Consultants Inc. official, forum leader, guide or host or falsely
state or otherwise misrepresent your affiliation with a person or entity;
- Post or transmit any Material that you do not have a right to
reproduce, display or transmit under any law or under contractual or fiduciary
relationships (such as nondisclosure agreements);
- Post or transmit any Material that contains a virus or
corrupted data;
- Delete any author attributions, legal notices or proprietary
designations or labels that you upload to any communication feature;
- Use the Site's communication features in a manner that
adversely affects the availability of its resources to other users (e.g.,
excessive shouting, use of all caps, or flooding continuous posting of
repetitive text);
- Post, abuse, or transmit any offensive content, including but
not limited to the verbal abuse toward DIME Consultants Staff;
- Post or transmit any unsolicited advertising, promotional
materials, "junk mail", "spam,""chain letters," "pyramid schemes" or any other
form of solicitation or any non-resume information such as opinions or notices,
commercial or otherwise;
- Violate any applicable local, state, national or
international law;
- Upload or transmit any Material that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any party;
- Delete or revise any Material posted by any other person or
entity; or
- Manipulate or otherwise display the Site by using framing or
similar navigational technology without the expressed written consent of Amber
Jalink, President of DIME Consultants Inc.
You assume total responsibility and risk for your use of the
Site and the Internet. DIME Consultants Inc. provides the site and related
information "as is" and does not make any express or implied warranties,
representations or endorsements whatsoever (including without limitation
warranties of title or non-infringement, or the implied warranties of
merchantability or fitness for a particular purpose) with regard to the service,
any merchandise information or service provided through the service or on the
Internet generally, and DIME Consultants Inc. shall not be liable for any cost
or damage arising either directly or indirectly from any such transaction. It is
solely your responsibility to evaluate the accuracy, completeness and usefulness
of all opinions, advice, services, merchandise, and other information provided
through the service or on the Internet generally.
We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service or delay in service programming. If under the circumstance of delay in programming, DIME Consultants Inc.'s liability to you and anyone who uses the website for any and all claims under any theory of law, will not exceed the amount which you paid for the product or service. You agree that we will not be liable for any for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits, interest or exchange rates) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages, beyond the amount you paid.
YOU UNDERSTAND THAT WHILE DIME CONSULTANTS INC.
,
YOU UNDERSTAND THAT SOME SITES ON THE INTERNET MAY CONTAIN INFORMATION WHICH MAY
BE OFFENSIVE TO YOU. DIME CONSULTANTS INC. HAS NO CONTROL OVER THESE SITES OR
SITES THAT MAY LINK TO SIMILAR, AND DIME CONSULTANTS INC. ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
WEBSITE HOSTING AND LIMITATION OF LIABILITY
All Hosting fees are due at the start of the billing cycle for the full 30 day period. After the first 30
days, no monthly hosting fees will be discounted. If past the due date, the full amount is due.
Invoices, notice, direction or other communication given under this Agreement shall be in
writing and given by sending it via e-mail or via regular mail. Invoices by Email blocked by server spam
technologies cannot be construed as not being issued. Payments are due monthly.
Hosting not current / paid will have domain revoked by DIME Consultants Inc. until payment has been made,
otherwise it is considered the ownership of DIME Consultants Inc. due to the fact that DIME Consultants Inc.
has made all payments and domain name renewals. Failure to keep payments up to date will result in
forfeiting your ownership of the domain to DIME Consultants Inc. until past due and current balance has been
brought up to date
In the event that a domain is blocked for non payment, DIME Consultants Inc. has the right to
include a blocked page notification of non-payment of fees.
Domain Transfers: Due to the unpredictable nature of the transfer process, no guarantees are made regarding
the amount of time a specific transfer may take. If the transfer of the domain is done by DIME Consultants
Inc. on behalf of the account holder a handling fee of $20 may be incurred. If the customer cancels service
during the transfer period for any reason, all charges are considered earned..
You agree to hold DIME Consultants Inc. and its subsidiaries, co-brands, employees, affiliates and other
partners not responsible from any claims (including legal fees), made by any third party due to or arising
from content on any site hosted on our server. We will not be held responsible for your violation of the
terms of use or your violation of any rights of another.
We respect the copyrights and intellectual properties of others. If you feel your copyrights have been
violated in any way, please contact us at hostmaster@dimeconsultants.com. Be sure to include complete,
detailed information to prove your claim, and we will contact you for further investigation.
Any business dealings you may have with our advertisers, sponsors, or partners found in or throughout our
service, including payment and delivery of their goods and services, warranties, terms, and conditions, are
solely between you and the advertiser/sponsor/partner. You agree that DIME Consultants Inc. cannot be held
responsible or liable for any loss or damage resulting from any such dealings.
The use of this services is at your risk. DIME Consultants Inc. makes no warranty that the service will meet
your requirement, that the service will be uninterrupted or error free, or that any sites visited or
products or services purchased through sites listed within will meet your expectations.
In no event will DIME Consultants Inc. be liable for (I) any incidental, consequential or indirect
damages (including but not limited to, damages for loss of profits, business interruption, loss of programs or
information, and the like) arising out of the use of or inability to use the service, website blocked for non payment, or any information or transactions
provided on the service, or downloaded from the service, or any delay of such information or service. Even if DIME
Consultants Inc. or its authorized representatives have been advised of the possibility of such damages, or (II) any
claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded
through the service.
We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability
resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data
mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized
use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or
misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting
from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your
domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind
(including lost profits) regardless of the form of action whether in contract, tort (including negligence), or
otherwise, even if we have been advised of the possibility of such damages.
INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees,officers, directors and
affiliates harmless from all liabilities, claims and expenses, including attorney's fees, from claims by third parties,
including but not limited to the laws of ICANN relating to or arising under this Agreement, the Services provided
hereunder or your use of the Services, including without limitation infringement by you, or someone else using the
Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the
violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release,
indemnify and hold us harmless pursuant to the terms and conditions contained in the ICANN Dispute Policy. When we are
threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us;
your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in
deactivation of your domain name. This indemnification obligation will survive the termination or expiration of this
Agreement.
Equipment.
You shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access to and use of
the Site and all charges related thereto.
Indemnification.
You agree to indemnify, defend and hold harmless DIME
Consultants Inc., its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the Site from and against
all losses, expenses, damages and costs, including attorneys' fees, resulting
from any violation of this Agreement (including negligent or wrongful conduct)
by you or your use and access of the Site.
Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5
(Indemnification) are for the benefit of DIME Consultants Inc. and its officers,
directors, employees, agents, licensors, suppliers, and any third party
information providers to the Site. Each of these individuals or entities shall
have the right to assert and enforce those provisions directly against you on
its own behalf.
Termination.
Either party without notice may terminate this Agreement at
any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and
Idea Submissions), 3 (Use of the Site), 5 (Indemnification), 6 (Third Party
Rights) and 11 (Miscellaneous) shall survive any termination of this Agreement.
Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to
comply with all local rules including, without limitation, rules about the
Internet, data, e-mail, or privacy. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data exported from
Canada, the United States or the country in which you reside.
Dealings with Third Parties.
Your participation, correspondence or business dealings with
any third party found on or through the Site, regarding the payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
third party. You agree that DIME Consultants Inc. shall not be responsible or
liable for any loss, damage or other matters of any sort incurred as the result
of any such dealings.
Links.
The Site provides, or third parties may provide, links to
non-DIMEConsultants Inc. Internet World Wide Web sites or resources. Because
DIME Consultants Inc. has no control over such sites and resources, you
acknowledge and agree that DIME Consultants inc. 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 further acknowledge
and agree that DIME Consultants Inc. shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such content, goods or services
available on or through any such site or resource.
Miscellaneous.
This Agreement shall all be governed and construed in
accordance with the laws of the Province of Ontario, Canada applicable to
agreements made and to be performed in Ontario. You agree that any legal action
or proceeding between DIME Consultants Inc. and you for any purpose concerning
this Agreement or the parties' obligations hereunder shall be brought
exclusively in a federal or provincial court of competent jurisdiction sitting
in the region of Niagara, Province of Ontario. DIME Consultants Inc. shall not
be liable for any legal fees incurred that are not our own for any purpose (we will
not be responsible to pay your legal fees should you take action against us
for any reason, and you will not be responsible to pay our legal fees
should we take action against you).
Any cause of action or claim you may have with respect to the
Site must be commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred. DIME Consultants Inc.'s
failure to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall act to modify
any provision of this Agreement. DIME Consultants Inc. may assign its rights and
duties under this Agreement to any party at any time without notice to you.