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FyberSearch, a limited liability company, will be referred to as "FyberSearch", "We", "Our", or other similar terms in the remainder of this terms of service. This domain name/website and all web pages on this domain name/website and all pages on other domain names/websites owned by FyberSearch will be referred to collectively as "The FyberSearch Website" in the remainder of this terms of service. Any and all paid and free services offered on any one (or more) of the The FyberSearch Website(s) will be referred to as "The FyberSearch Services" in the remainder of this terms of service. You, your business and/or for associates will be referred to as "you" and/or "your" in the remainder of this terms of service.
You agree to be bound by this Terms of Service (including future changes) by using The FyberSearch Website and/or The FyberSearh Services. If you do not agree with this Terms of Service you should immediately stop using The FyberSearch Website and The FyberSearch Services. In some sections of this website representatives of FyberSearch may disclose their real name. You agree and understand that in these situations, these people are acting on behalf on FyberSearch and are not making any personal guarantee to any users/customers of FyberSearch. This only applies to authorized representatives of FyberSearch with explicit permission to act on FyberSearch's behalf. By using The FyberSearch Website and The FyberSearch Services you represent that you are of legal age to form a contract and are not a person prohibited from receiving services under the laws of the United States or other applicable jurisdiction. You agree to obey any applicable local, state, and/or federal laws pertaining to your internet access and use of The FyberSearch Website and The FyberSearch Services. You agree not to use The FyberSearch Website and The FyberSearch Services to conduct any activity which may violate these laws. You understand and agree that you are solely responsible for anything that you use The FyberSearch Website and The FyberSearch Services for. "FyberSearch" is a servicemark federally registered with the United States Patent and Trademark Office as search engine service (gathering and cataloging information on computer networks). You may not use any name confusingly similar to "FyberSearch" for services of this type. "FyberSpider", "GhetoSearch", "The Lesson Finder", "FeedPlex", "Sentence Seek", "WordRank" and "Revved Search" are all common law servicemarks that give us the exclusive right to provide each service using their respective name to the full extent of the law. If any of these service marks are not found to be completely enforceable then we hereby exercise our rights to use them to the full extent that the law allows. You agree to provide true and accurate information when you sign up for any one of The FyberSearch Services. You alone are responsible for keeping your information (such as your password) private. You will notify FyberSearch if you know of anyone who has gained unauthorized access to any one of The FyberSearch Services. You agree to keep all of your information associated with any one of The FyberSearch Services updated and accurate. You agree to never use The FyberSearch Website and The FyberSearch Services to display or link to other websites that display illegal, offensive, sexually suggestive or sexually explicit content. If you violate this term you understand and agree to take full responsibility for your actions and to defend/compensate FyberSearch. If you see anyone who is violating this term please contact FyberSearch immediately. FyberSearch will not be held responsible for damages or any other liability caused by anyone in violation of any or applicable law or any section of this Terms of Service. Many aspects of The FyberSearch Website and The FyberSearch Services involve links to other websites. FyberSearch is not responsible for those websites. You assume all responsibility for the content you view by choosing to visit those websites. Some of The FyberSearch Services require that you make a payment upfront. You understand and agree that it could take time for your payment to be processed and your request to be completed. The amount of time depends on a number of variables, including but not limited to the type of service you requested, the total number of requests FyberSearch received, the total number of people on staff as well as other variables. You agree that it is your sole responsibility to make sure all recurring payments are stopped. If you request that FyberSearch cancel a payment and the payment is not properly canceled (because of email failure or other problems), it is still your responsibility to verify that it was canceled. Recurring payments made through PayPal's subscription service should be canceled through your PayPal account. FyberSearch does not guarantee that you will profit in any way when using The FyberSearch Website or The FyberSearch Services and will not be held responsible for the impact any FyberSearch Service has on you. FyberSearch allows people and businesses to buy advertisements under specific search queries. If you own a trademark and believe that your rights are being violated by an advertisement being placed in a specific search query please take the following steps. 1. Contact the owner of the advertisement and explain your situation. 2. If this does not resolve the issue in your mind then please contact FyberSearch directly and explain your situation in as much detail as possible. FyberSearch may display advertisements using third party ad serving programs. If you own a trademark and believe that your rights are being violated by an advertisement displayed by one a third party ad serving program please take the following steps. 1. Contact the owner of the third party ad serving program and explain your situation. 2. Contact the owner of the advertisement and explain your situation. 3. If this does not resolve the issue in your mind then please contact FyberSearch directly and explain your situation in as much detail as possible. You agree not to hold FyberSearch responsible for any trademark violations by advertisers and/or third party ad serving programs. FyberSearch does not control what products/services advertisers sell or how third party ad serving programs decide which advertisements to display. FyberSearch will not be held responsible for any data being displayed as a result of any automated program or service. If you notice anything that violates applicable law please let us know so that FyberSearch can become aware of the situation and deal with it accordingly. FyberSearch will not be held responsible for any technical problems out of direct control that affect the accuracy and functionality of The FyberSearch Website and The FyberSearch Services. These problems include but are not limited to: Computer failure, automated scripts/programs that run into problems or are used incorrectly, natural disasters, people committing crimes such as hacking, and more. FyberSearch reserves the right to remove, limit and/or prohibit from The FyberSearch Website and The FyberSearch Services any content, material or links to web pages that it chooses at any time without any notice to you at FyberSearch's sole discretion. FyberSearch reserves the right to change any aspect of The FyberSearch Website and The FyberSearch Services at any time without any notice to you at FyberSearch's sole discretion. This includes our Terms of Service and Privacy Policy. FyberSearch reserves the right to prevent anyone from accessing The FyberSearch Website and The FyberSearch Services at any time without any notice to that person at FyberSearch's sole discretion. The FyberSearch Website and The FyberSearch Services are provided as is and are without warranty of any kind. You use them at your own risk. In no event shall FyberSearch or FyberSearch's representatives be responsible for any damage or other negative affect using The FyberSearch Website and The FyberSearch Services has had on you. If you sign up for any service that will result in receiving email from us or if you contact us for support you must add fybersearch.com to your SPAM filter's safe list or else there is a greater chance you will not receive our reply. If you sign up for any service that will result in receiving email from us or if you contact us for support and falsely report FyberSearch as sending SPAM you agree to compensate FyberSearch appropriately for all damage you directly and indirectly caused. Any payments you make to FyberSearch for any reason are not refundable. FyberSearch may, out of good faith, decide to make refunds in specific situations but FyberSearch has no obligation to do so. Any disputes relating to this Terms of Service will be litigated or arbitrated in King County, Washington. This contract shall be governed and construed in accordance with the laws of the State of Washington. You agree to pay for all fees incurred by you and/or FyberSearch that are associated with any action that you take against FyberSearch. If for any reason a court of competent jurisdiction finds any provision or portion of this Terms of Service to be unenforceable, the remainder of this Terms of Service will continue in full force and effect. YOU EXPRESSLY AGREE THAT USE OF THE FYBERSEARCH SERVICES AND THE FYBERSEARCH WEBSITE IS SOLELY AT YOUR RISK. THE FYBERSEARCH SERVICES AND THE FYBERSEARCH WEBSITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND. FYBERSEARCH OR ITS REPRESENTATIVES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON UNDER ANY LEGAL THEORY, CONTRACT OR OTHERWISE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION DAMAGES FOR WORK STOPPAGE, COMPUTER OR WEBSITE FAILURE OR MALFUNCTION, LOSS OF GOODWILL, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES RELATED TO ANY PRODUCTS OR SERVICES CUSTOMER'S URL PROMOTES, SELLS, OR ENDORSES. YOU AGREE THAT YOUR SOLE REMEDY AGAINST FYBERSEARCH OR ITS REPRESENTATIVES FOR ANY LOSS/DAMAGE THAT YOU BELIEVE YOU HAVE INCURRED AS A RESULT OF USING ANY ASPECT OF THE FYBERSEARCH SERVICES OR THE FYBERSEARCH WEBSITE WILL BE TO STOP USING THE FYBERSEARCH SERVICES AND THE FYBERSEARCH WEBSITE AND TO REQUEST A REFUND FROM FYBERSEARCH (IF APPLICABLE) THAT FYBERSEARCH (AT ITS SOLE DISCRETION) MAY CHOOSE TO ISSUE. Search Engine Submission / Add URL Pro You agree and understand that you are using FyberSearch Add URL Pro (our search engine submission service) at your own risk, without a warranty of any kind. You agree and understand that FyberSearch has no control over the search engine submission policies of any search engine and cannot guarantee that your website will be cataloged. FyberSearch will not be held responsible for any failure to submit to a third party search engine due to that search engine changing the way they accept URLs. FyberSearch Add URL Pro is built to submit your website no later than 48 hours after you sign up. FyberSearch reserves the right to delay submitting URLs in the case of any technical difficultly. When using FyberSearch Add URL Pro your email address will be submitted along with your website. You understand and agree that FyberSearch is not in control of what they do with your email address and is not responsible for their actions. FyberSearch Add URL Pro may submit to search engines owned by FyberSearch but this is only to save you time and does not guarantee your inclusion in any search engine owned by FyberSearch. You agree and understand that the primary benefit of FyberSearch Add URL Pro is to save you time. URL Inclusion Status Pro You agree and understand that you are using FyberSearch Inclusion Status Pro at your own risk, without a warranty of any kind. You agree and understand that FyberSearch has no control over the way search engines accept search queries and cannot guarantee that FyberSearch has not searched for your website in a way that a search engine no longer understands. FyberSearch will not be held responsible for any inaccuracies in any report due to that search engine changing the way they accept search queries. FyberSearch Inclusion Status Pro is built to check the inclusion status of your website no later than 48 hours after you sign up. FyberSearch reserves the right to delay submitting URLs in the case of any technical difficultly. Inclusion Status Pro only checks the first set of results that a search engine returns when FyberSearch checks to see if your website has been included. Therefore, FyberSearch may report that your website has not been included when in reality it is just not included in the first set of results. Website Optimization Manual You agree and understand that you are using FyberSearch Website Optimization Manual at your own risk, without a warranty of any kind. You further agree and understand that this manual is intended for people who know how to edit/manage their own website. If you cannot make changes to your website you understand and agree that you will receive a very limited benefit by purchasing it. Search engines always change the way they rank pages in slight ways and sometimes in more significant ways. You agree to not hold FyberSearch responsible in any way for the accuracy of the information contained in the manual or for the way you choose to implement it. The FyberSearch Website Optimization Manual is meant to be our understanding of how other search engines (specifically the few popular ones) rank pages and how to get good content ranked higher, nothing more. It is based on our experience gained from writing our own search engine, reading the specifications of other search engines and reading documents written by search engine engineers. Please keep this in mind when reading the FyberSearch Website Optimization Manual. Affiliate Program If you are taking part in our affiliate program FyberSearch will page you 30% of each sale you generate for specific services FyberSearch offers according to the terms detailed in this terms of service and this section. If FyberSearch ever decides (at our sole discretion) to increase the percent you get paid per transaction the new percent will apply to all earnings generated after FyberSearch increases the percent. In order for you to earn revenue from a sale, you must link directly to specific web pages/URLs on our site and include your affiliate ID. The URLs you must link to and your affiliate ID can be found in your member's account. Not following the directions on the links page in your account can cause sales you generate to not be counted. You understand and agree that there may be some transactions that FyberSearch will not be able to trace back to any affiliate, so there could be some transactions that FyberSearch will be unable to pay you for (because FyberSearch can't tell which, if any, affiliate referred them). This can happen if the customer has cookies/sessions disabled or if the customer leaves our site and then comes back at a later date. FyberSearch will issue a payment for the total amount you earned (minus any payment holds) 40 days or less from the last day of any month in which you earned $25.00 USD or more. This information can be monitored in your account. FyberSearch may decide to pay you more frequently than this depending on developments made to our system. If you delete your account without requesting a final payment then you forfeit any unpaid earnings left in your account at the time you deleted it. If a customer you referred to us files a payment dispute/chargeback FyberSearch reserves the right to hold the amount FyberSearch paid you for that transaction from your future earnings. If FyberSearch wins the dispute FyberSearch will remove the hold and it will be paid to you as if it was earned in the month the hold was removed. If FyberSearch does not win the dispute the hold will remain indefinitely or else FyberSearch will remove the hold and sale from your account. FyberSearch reserves the right to delay any payment if FyberSearch suspects bad faith associated with any transaction driven by you. FyberSearch reserves the right to delay payment if you are suspected of any activity FyberSearch deems questionable until FyberSearch has investigated the situation to our satisfaction. If FyberSearch decides at our sole discretion that you have violated any laws and/or any policy in this terms of service FyberSearch reserves the right to immediately terminate your account and/or block you from using our services for any length time FyberSearch deems necessary (this could result in a permanent loss of your advertising credit and/or affiliate earnings). You understand and agree that FyberSearch is not liable for any delay, payment failure or incorrect payment due to any issue with our system, disregarding the source or cause. You agree and understand that FyberSearch is currently only issuing payments through the free credit card processor PayPal. If this is not acceptable FyberSearch may (at our sole discretion) consider using an alternative method to issue your payment if you contact us and request that we do so. You agree and understand that as an affiliate your relationship with us is an independent contractor, not an employee. You understand and agree that you are fully and solely responsible for the government and tax regulations in your specific location. You understand and agree that, depending on certain factors such as the amount of yearly earnings you generate, FyberSearch is obligated to meet certain tax law requirements. To do this FyberSearch may require more personal information from you before FyberSearch can legally issue you more payments. When you first start using our affiliate program, your earning limit will be set to about $550 USD. When you get close to earning that amount FyberSearch will be required to collect a little more information (such as your social security number or tax identification number) so that FyberSearch can file a form 1099-misc with the IRS and send a copy to you (as we are obligated by US tax law to do so) so that you can file it with your 1040 form. If you do not live in the US, FyberSearch will have to confirm your country before lifting the cap. You agree to not promote FyberSearch or our services on any websites that contain illegal content, sexually explicit content, or that could be considered offensive to the majority of society. You agree to not promote FyberSearch or our services in derogatory/negative ways. You agree to not violate any of our trademarks, copyrights and/or any other intellectual property rights in the process of promoting our services. You agree that you are fully and solely responsible for any laws you violate in the process of promoting our services, including but not limited to: false advertising, spam, spyware, etc. FyberSearch does not condone any illegal, offensive or unappealing methods used to promote our services. To avoid false advertising please link to the pre-made promotional material found in your account, do not save the images on your server. You are responsible for checking our services to make sure your advertisements match our official terms, policies, messages and marketing material.
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