Markup Factory Terms of Use 

 

Welcome to the Markup Factory web publishing platform service (the "Service"). Whether you are an account holder maintaining a website using the service (an "Account Holder"), or a guest invited by an Account Holder (a "Guest") to use an application included with the Service or made available through the Account Holder's website, your use of the Service is subject to these Terms of Service ("TOS"). Markup Factory reserves the right to update and change the TOS from time to time without notice or acceptance by you. The TOS will also be applicable to the use of the Service on a trial basis. By using the Service, you signify your irrevocable acceptance of this TOS.

Please note that your use of the Service is also subject to the Markup Factory Terms of Use (the "TOU"). By using the Service, you signify your irrevocable acceptance of the TOU. You can review the most current version of the TOU by visiting www.markupfactory.com at any time.

1. Description of Service.

Markup Factory provides each Account Holder with a web site on Markup Factory's Internet Property (a Website). Each Website has a limited disk space based on the type of account purchased. The Service also includes tools that enable Account Holders and their Guests to make up a website that performs various functions including but not limited to, a weblog, posts, comments, photo albums, newsletter, calendar, online store, etc. The type and number of tools you use depend on the type of account you have and your status as an Account Holder or a Guest. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Markup Factory tools and resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the Service may include certain communications from Markup Factory, such as service announcements, administrative messages and the Markup Factory Newsletter, and that these communications are considered part of Markup Factory membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Markup Factory properties, shall be subject to the TOS. You agree not to access the Service by any means other than through the interfaces that are provided by markup Factory for use in accessing the Service.

Unless you have been granted prior, written consent from Markup Factory, you may not use the Software as the basis of a hosted weblogging service, or to provide hosting services to others.

1. Intellectual Property.

This agreement sets out the legally binding terms of your use of the web site located at www.markupfactory.com (hereinafter referred to as the "Site") or any other web sites owned by MarkupFactory.com (hereinafter referred to as "Markup Factory"), and may be modified by Markup Factory from time to time, such modifications to be effective upon posting of the modified agreement. By accessing or using the Site, you agree that you have read and understand this agreement and all of its contents (hereinafter referred to as this "Agreement"), intend this Agreement to be the legal equivalent of a signed, written contract and equally binding, and that you will be subject to all of the terms and conditions set forth herein. You agree to review the Agreement periodically to be aware of any such modifications, additions, deletions or other changes, and your continued access and/or use of the Site shall be deemed your acceptance of the modified agreement.

1. Intellectual Property.

Markup Factory solely and exclusively owns all intellectual property and other rights, title and interest in and to the Markup Factory service and the Site, including, but not limited to, the Markup Factory name, logo(s), trademarks, Site content, and the look and feel of the Site and all marketing and other business materials, except as expressly provided for in this Agreement.

2. Copyright.

All content located on the Site is the sole and exclusive property of Markup Factory and is protected by United States federal copyright laws. Use of the Site and the Markup Factory service is intended for your personal non-commercial use only. Unauthorized use of the content may violate copyright, trademark, patent, and/or other federal or foreign laws.

3. License.

Markup Factory grants you a limited revocable license to access and use the Site and the Markup Factory service for its intended purposes, subject to your compliance with this Agreement. This license does not include the right to collect or use information contained on the Site for purposes prohibited by Markup Factory, to compete with Markup Factory, create derivative works based on the content of the Site, or download or copy the Site (other than page caching). In addition, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer any content, information, documents, graphics, software, products and/or services found on the Site. If you use the Site or Markup Factory service in a manner that exceeds the scope of this license or breaches this Agreement, Markup Factory may revoke the license granted to you.

4. Use of Site.

By accessing and utilizing the Site, you agree that all text, graphics, codes, interactive features and/or other information and technology located on the Site will be used solely for informational and educational purposes only. Commercial or unauthorized use of any text, graphic, code, interactive feature and/or all other information and technology located on the Site is strictly prohibited. Any act or engagement of conduct prohibited by law or any action that violated federal, state and/or local laws is strictly prohibited, nor may any text, graphics, codes, interactive features and/or other information and technology located on the Site be used to perform any action that will injure or harm others, promote any unlawful activities or violate Internet standards. You hereby agree: a) to obey all applicable local, state, national and international laws and regulations in your use of the Site; b) to be solely responsible for the contents of your transmissions through the Site; c) to abide by all requirements, procedures, policies and regulations posted on the Site by Markup Factory; d) not to broadcast through the Site any unlawful, harassing, defamatory, libelous, bigoted, hateful, racially offensive, privacy invading, abusive, threatening, harmful, vulgar or otherwise objectionable material of any kind; and e) not to mine the Site's data for any purpose whatsoever. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. Markup Factory will also comply with all court orders involving requests to release user information in any event of actual or attempted unauthorized use.

5. Use of Internet.

Use of the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. Please be advised that the confidentiality of any communication or material transmitted to and from a web site over the Internet cannot be guaranteed. Accordingly, Markup Factory is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site or the consequences of any reliance on such information. You assume sole and complete risk for using the Site and must make your own determination as to these matters. In addition, Markup Factory recommends 128-bit SSL encryption in order to maintain the highest encryption standards throughout the Site to best protect the security of the information you transmit on the Site. If your browser does not support 128-bit encryption, you may do so by upgrading your system.

6. User Information.

Markup Factory observes and collects information about the users of the Site, including, but not limited to, names, email addresses, zip codes, IP addresses, cookies and any other personally identifiable information. Collection and use of personal information is outlined and governed by the Markup Factory Privacy Policy. For more information regarding the collection of user information and the privacy of same, please visit http://www.benchmarkemail.com/privacy.aspx.

7. Submissions.

Any submission, communication or content posted to the Site by any user shall be deemed non-confidential in nature, unless expressly stated on any particular page(s) on the Site that such page(s) will permit a submission or communication to be treated as confidential by Markup Factory. By posting a submission, communication or content on the Site, you permit Markup Factory a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, transfer, distribute, perform and display the submission, communication or content, in whole or in part, in any form or media outlet or to sublicense such rights. You are hereby liable and responsible for all submissions, communications and content that you post on the Site. The following types of submissions, communications and content are prohibited from posting to the Site: a) copyrighted content, unless you are the copyright owner or have the permission of the copyright owner to post such content; b) content which reveals trade secrets, unless you are the owner of such trade secrets or have the permission of the owner; c) content that infringes upon any intellectual property rights of others; d) content that exhibits obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing behavior; e) sexually explicit images; advertisements or solicitations of business products and/or services; f) chain letters or pyramid schemes; or g) impersonating others.

8. Third-Party Content.

Markup Factory may: a) use third parties to provide certain services accessible through the Site, b) publish content on the Site that is provided by other users, content suppliers or any other third party other than Markup Factory, or c) post advertisements and/or links to any third party web site on the Site or in any electronic mail communications. Markup Factory does not control any such third parties or their services, and you agree that Markup Factory will not be liable to you in any way for your use of such services or accessing of any third party site, nor does Markup Factory make any representation, guarantee, recommendation, warranty or endorsement relative to the accuracy, quality, reliability and/or completeness of any such third-party content. When accessing such third-party web sites, you agree to do so solely at your own risk. These third parties may have their own terms of use, terms of service, membership agreements, and/or privacy policies. You must comply with such terms and policies as well as this Agreement when you use these services. If any such terms or policies conflict with this Agreement or any Markup Factory policy, you must comply with this Agreement and Markup Factory policies, as applicable.

9. Software Downloads.

Any software that is made available to download from the Site is the proprietary and copyrighted work of Markup Factory and/or its third-party suppliers, and is protected by United States federal copyright laws. Use of the software is governed by the End User License Agreement(s), which accompanies or is included with the available software. By accessing, downloading or otherwise using such software, you agree to be legally bound by the terms and conditions set forth in the End User License Agreement(s). Markup Factory may cease offering the software for download on the Site at any time without notice. Markup Factory assumes no obligation with respect to supporting the Site or software, except as expressly set forth in the End User License Agreement(s).

10. Disclaimer of Warranties.

You expressly agree that use of the Site is at your sole risk. The Site is provided by Markup Factory on an "as is" and "as available" basis. Markup Factory expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Markup Factory makes no warranties that the Site will meet your requirements and/or be uninterrupted, timely, secure or error-free, nor does Markup Factory make any warranty as to the accuracy or reliability of any information obtained and/or downloaded through the use of the Site or that defects in the system and software will be corrected. Markup Factory makes no warranty regarding any goods or services purchased or downloaded through the use of the Site or any third-party links or any information obtained or transactions entered into through the use of the Site. No advice or information, whether oral or written, obtained by you from Markup Factory shall create a warranty not expressly stated herein. Furthermore, Markup Factory makes no warranties concerning the suitability of the content contained on the Site for any purpose.

11. Disclaimer of Liability.

Markup Factory shall not be liable for any damages whatsoever, whether direct, indirect, punitive, incidental, special or consequential, arising out of or in any way connected to the use of the Site or with the delay or inability to use the Site, or for any information, products and services obtained through the Site, or otherwise arising out of the utilization of the Site, whether based in contract, tort, strict liability or otherwise, even if Markup Factory has been advised of the possibility of said damages. Furthermore, Markup Factory shall not be liable for any damages arising from the interruption, suspension or termination of the Site, including, but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether or not such interruption, suspension or termination was justified, negligent or intentional.

12. Modifications.

Markup Factory reserves the right to modify and/or discontinue the Site, whether temporarily or permanently, with or without notice to the users, and Markup Factory shall not be liable to you or any third party for any such modification and/or discontinuance of the Site. Markup Factory further reserves the right to make revisions, modifications, additions, deletions or any such changes to this Agreement at its sole discretion, at any time, with or without notice to its users.

13. Indemnification.

You agree to indemnify and hold Markup Factory, subsidiaries, affiliates, officers, agents, representatives, successors, members, principals and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site or services set forth in this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations, obligations and warranties set forth above. Markup Factory reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of Markup Factory.

14. Severability.

If any term or provision of this Agreement is determined to be illegal, unenforceable or invalid in whole or in part for any reason, such illegal, unenforceable or invalid provision(s) or part thereof shall be stricken from this Agreement, and such provision(s) shall not affect the legality, enforceability or validity of the remainder of this Agreement. If any provision or part thereof is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision that is as similar in tenor to the stricken provision as is legally possible.

15. Jurisdiction.

If there is any dispute about or involving the Site provided by Markup Factory, by using the Site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by an arbitrator or mediator and the federal courts of the State of California. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial (or other) Arbitration Rules (including the Emergency Interim Relief Procedures), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

16. Entire Agreement.

This Agreement represents the entire agreement between you and Markup Factory with respect to your use of the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Markup Factory with respect to your use of the Site.

Service Terms | Site Terms

This agreement sets out the legally binding terms of your use of the service provided by Markup Factory to you (hereinafter referred to as "End User", "You" or "Your"), and may be modified by Markup Factory from time to time, such modifications to be effective upon posting of the modified agreement. By accessing, using and/or registering for the service provided by Markup Factory (hereinafter referred to as the "Service"), you agree that you have read and understand this End User Terms of Service and all of its contents (hereinafter referred to as this "Agreement"), intend this Agreement to be the legal equivalent of a signed, written contract and equally binding, and that you will be subject to all of the terms and conditions set forth herein. You agree to review the Agreement periodically to be aware of any such modifications, additions, deletions or other changes, and your continued access, registration and/or use of the Service shall be deemed your acceptance of the modified agreement.

1. Description of Service.

The Service provided by Markup Factory enables the End User to send electronic messages containing rich media content, including, but not limited to, images, videos, music, sound clips and other audiovisual and/or interactive features. Any new feature, enhancement, addition, change or upgrade to the current Service shall be subject to the terms and conditions set forth in the Agreement herein.

2. Intellectual Property.

In consideration of Your use of the Markup Factory PMarkup Factory solely and exclusively owns all intellectual property and other rights, title and interest in and to the Markup Factory service and all content and materials provided to you through the Service, including, but not limited to, text, software, music, sound, video, photographs, graphics and animation (hereinafter referred to as the "Content"). All such content provided by Markup Factory and its licensors through the Service is the sole and exclusive property of Markup Factory, and any unauthorized use of the content may violate United States federal copyright laws, patent laws, moral rights laws, trade secret laws, confidential information laws, trademark laws, unfair competition laws or other similar rights.

3. License.

Markup Factory grants you a limited, nontransferable, nonexclusive, revocable license to access and use the Service and send, compose, read, print, save and forward messages containing the Content as described and limited in this Agreement. You hereby agree to access and use the Service for its intended purposes, subject to your compliance with this Agreement, and are hereby prohibited from utilizing the Service for any other purpose or to alter the Content and/or Service in any way, including, but not limited to, removing or deleting any proprietary rights notices. This license does not include the right to collect or use information contained on the Site or through the Service for purposes prohibited by Markup Factory, to compete with Markup Factory, create derivative works based on any and all Content obtained through the Service, or download or copy any Content obtained through the Service (other than page caching). In addition, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer any content, information, documents, graphics or other materials or Content obtained through your use of the Service, in whole or in part, for commercial or non-commercial purposes. License to use the Service is limited to personal use by the End User; therefore, resale or commercial use of the Service or any other means to seek financial gain from providing the Service to any third party, without the express prior written consent of Markup Factory, is strictly prohibited. By using the Service, you acknowledge and agree that portions of the Content is provided to you by third-party licensors, and you hereby agree to adhere to and comply with any such third-party's license(s) and to refrain from violating any such licensor's intellectual property rights. If you use the service in a manner that exceeds the scope of this license or breaches this Agreement, Markup Factory may revoke the license granted to you.

4. End User Obligations.

By accessing, using and/or registering for the Service, you agree to: a) provide true, accurate, complete and current user information as requested by Markup Factory at any time; b) promptly and regularly update your user information to maintain it's accuracy and completeness; c) provide for your own access to the Internet and pay any fees or costs relative to such access that is required to access the Service; d) provide all necessary equipment and/or materials necessary for you to make such connection to the Internet in order to access, use and/or register for the Service. By providing any user information that is untrue, inaccurate, incomplete and/or not current, Markup Factory reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service, in whole or in part, by you.

5. End User Privacy.

Markup Factory will not monitor, edit, review or disclose the contents of any Messages composed and/or sent by an End User to a third-party recipient without End User's prior permission, unless: a) as required by law; b) in compliance with legal authorities or during any legal proceeding; c) to enforce this Agreement; d) to respond to any good faith belief or claim that such Message, or any of its contents, violates the rights or interests of any third party or violates this Agreement; and/or e) to protect the rights and/or property of Markup Factory, its licensors or any other third party. As an End User composing and/or sending such Messages, you acknowledge and agree that technical processing of the Messages is required in order to send and receive such Message, to conform to the technical requirements of connecting networks, to conform to the limitations of the Service and its equipment, to conform to other similar technical requirements, or as otherwise noted in the Markup Factory Privacy Policy.

6. End User Conduct.

By accessing and/or using the Service, you hereby represent and warrant that you will not utilize the Service for any purpose that is unlawful and/or prohibited by the terms and conditions in this Agreement. The Service provided by Markup Factory makes use of the Internet to compose, send and receive Messages; therefore, each End User's conduct is subject to Internet law, regulations, policies and procedures. By utilizing the Service, you shall not engage in unlawful or unethical activities through your use of the Service, including, but not limited to: a) unsolicited surveys, contests or pyramid schemes; b) defamation, libel, slander, abuse, harassment, stalking, embarrassment, threatening acts or otherwise violate the legal rights of any third party; c) publish and/or distribute inappropriate, profane, vulgar, defamatory, infringing, obscene, adult-oriented, pornographic, tortuous, indecent, unlawful, immoral or otherwise objectionable material; d) harm minors in any way, form or manner; e) harvest or collect any information about any third party, including, but not limited to, e-mail addresses, without consent of such third party; f) record conversations or communications between or among any other third parties without the consent of such third parties; g) create false identities for the purpose of misleading any third party as to the identity of the sender of any Message or to manipulate the origin of any Message or transmission of same; h) transmit or upload any content or materials that contain viruses, trojan horses, worms, bots or any other harmful or destructive programs; i) transmit or upload any content or materials that contain software or other content that is protected by Intellectual Property Rights, including, but not limited to, copyright, trademark and patent rights, rights of privacy or publicity, or any other applicable law, unless you are the owner of such rights thereto or have received all necessary consents by the respective owners of such rights; j) transmit or upload any content or material that would encourage conduct that could constitute a criminal offense, civil liability or otherwise violate any applicable local, state, federal or international law, regulation or policy; k) interfere with, disrupt or manipulate the Service, its networks or servers, or violate the regulations, policies and procedures of such networks and servers; l) successfully gain or attempt to gain unlawful and/or unauthorized access to the Service and/or accounts, systems and networks connected to the Service by password mining or other unauthorized means; m) violate any applicable laws, policies or regulations, including, but not limited to, laws relative to the transmission of data or software exported from the United States of America through the Service and/or any other applicable local, state, federal and international law and regulation; n) interfere with any individual, entity, or any other third party's use and enjoyment of the Service; o) use the Service to advertise and/or promote any illegal activities; p) use the Service for illegal purposes; q) use the Service for gambling or betting purposes; r) use the Service to promote the use of alcohol, firearms or tobacco products; s) use the Service to send electronic mail transmissions to any third party that include links to any web site that violates the terms and conditions set forth in this Agreement; or t) engage in any other conduct, activity or behavior that, in Markup Factory's sole and exclusive discretion, is considered unauthorized, illegal, immoral or objectionable.

7. Spamming.

By accessing, using and/or registering for the Service, you shall not use the Service, in whole or in part, in any way, for the purpose of composing and/or sending chain letters, junk electronic mail, "spam", or any purpose that involves the utilization of distribution lists to any third party business or individual that has not given express specific permission to be included in such a distribution list. Any electronic mail advertisement that is composed and addressed to a third-party recipient with whom the sender does not have an existing business, commercial or personal relationship and which is not sent at the express request or consent of the recipient to receive such a Message from you is strictly prohibited (hereinafter referred to as "Spamming"). Markup Factory reserves the right to immediately terminate any End User's license to access and/or use the Service if such End User uses the Service, in whole or in part, for Spamming purposes, and Markup Factory reserves the right to seek appropriate legal action as necessary for any such violation. If you reasonably believe that any other user may be using the Service for Spamming purposes, you hereby agree that you will promptly notify Markup Factory of any such violation.

8. Monitoring.

Markup Factory holds no obligation to monitor the Service, your use of the Service or to store the content of any end user session. However, Markup Factory reserves the right to monitor, review, retain, store or disclose any information or content as necessary, at any time, in conjunction with any applicable law, regulation, policy, legal process and/or government or police request, or to enforce this Agreement herein at the sole discretion of Markup Factory. You hereby agree that Markup Factory shall be held harmless from any liability for any such monitoring, lack of monitoring, review, lack of review, retention, lack of retention and/or disclosure of content or information as described herein.

9. End User Accounts and Security.

As an End User of the Service, you will receive an end user account and password to access said account. You are solely responsible for maintaining the confidentiality and security of your account and password. You are solely responsible for any and all activity that occurs within your end user account while using the Service, including, but not limited to, the content located in all electronic mail messages sent through the Service from your account. You may modify or change your password at your sole discretion, at any time, by following the instructions located on the Markup Factory web site. You expressly agree to promptly notify Markup Factory of any unauthorized use of your account or any other breach of security.

10. Unsolicited Submissions.

Markup Factory will not accept, review or consider any suggestions, ideas, notes, drawings, diagrams, concepts or other information (hereinafter referred to as "Information") from any End User or other third party, other than those it has specifically and expressly solicited, and Markup Factory therefore requests that any End User or other third party refrain from sending any such Information to Markup Factory. If any End User or other third party elects to send any suggestion, idea, note, drawing, diagram, concept or other information, any such Information shall be deemed the property of Markup Factory. End User hereby assigns and transfers all Intellectual Property Rights in and to the Information to Markup Factory, and End User further agrees to reasonably and promptly effectuate the assignment described herein by executing all applicable instruments and documents now or hereafter requested by Markup Factory which are necessary to effectuate the assignment, as well as perform any other reasonable act deemed necessary by Markup Factory to fully transfer ownership of the Information to Markup Factory to the fullest extent possible. During any such transfer of ownership of Information from End User to Markup Factory, Markup Factory is not responsible or liable to provide compensation to End User in any way, form or manner for the transfer or assignment of Intellectual Property Rights in and to the Information, nor is Markup Factory subject to any confidentiality policies on behalf of the End User regarding the Information and, therefore, shall not be liable or owe any compensation to End User for any use and/or disclosure of the Information.

11. User-Submitted Content.

You, as End User, have the sole and exclusive responsibility for any content, data, text, software, music clips, sound, video, photographs, graphics, messages, files or other material that is transmitted, posted or otherwise distributed by you through the Service (hereinafter referred to as "End User Content"), including, but not limited to, the contents of your electronic mail communications, photographs posted by you on the Markup Factory Site or through the Service. As such, you assume sole liability for all End User Materials posted by you, whether publicly or privately posted and/or transmitted. Markup Factory is not responsible and holds no liability relative to monitoring the End User Content provided through the Service, and does not warrant, guarantee or represent, in any way, the accuracy, quality and/or integrity of the End User Materials. By utilizing the Service, you acknowledge that you may be exposed to content or other materials submitted by third parties or other users that may be offensive, indecent or otherwise objectionable, and that Markup Factory is held harmless from any liability resulting or arising out of same. Likewise, Markup Factory shall not be held liable for any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content transmitted through the Service.

12. Use of Service and Storage Limitations.

Markup Factory may, at its sole discretion, establish and enforce general practices, policies and limitations with regard to your use of the Service, including, but not limited to: a) the maximum number of day(s) that electronic mail messages or other uploaded content will be stored by the Service; b) the maximum number of electronic mail messages that may be sent or received by your account through the Service; c) the maximum size of any electronic mail messages that may be sent or received by your account through the Service; d) the maximum disk and/or server space that will be allotted to you on Markup Factory's servers for your use of the Service; and/or e) the maximum number of instances and duration which you may access the Service in a given period of time. The amount of electronic mail storage on Markup Factory's server allotted to you for your use of the Service is limited; however, additional storage space for electronic mail messages may be available to you upon payment of additional fees. Markup Factory shall not be held liable for the deletion of an electronic mail message or the failure to compose or send an electronic mail message through use of the Service, nor is Markup Factory liable for electronic mail messages that are not processed or sent due to space limitations or outbound message limitations. Markup Factory reserves the right to log off the account of any end user which has been inactive for an extended period of time, at the sole discretion of Markup Factory. Markup Factory further reserves the right to modify, add to or otherwise change these practices, policies and limitations at any time, with or without notice to you, at its sole discretion.

13. Termination.

As End User of the Service, if you disagree and/or are dissatisfied with the Service, in whole or in part, or with any provision of this Agreement, in whole or in part, or any subsequent modifications thereto, it is your sole and exclusive obligation and remedy to terminate your End User account, for any reason and at any time. To terminate your account, you must immediately discontinue your use of the Service, notify Markup Factory of your intention to terminate your End User account, and destroy all content and materials obtained through your use of the Service, all related documentation and any originals or copies of same. Upon execution of the termination process, you must cease all use of the Service immediately, and any license granted to you by Markup Factory to use the Service will be revoked. Termination of this Agreement and your End User account to use the Service shall not have any effect on your obligations to Markup Factory under any other agreement or policy relating to the Markup Factory Service. Upon termination of your End User account, Markup Factory shall not be liable, in any way, to you or any third party for termination of your use of the Service, and Markup Factory shall not be obligated to forward any unread, unsent or unprocessed electronic mail messages to you or any third party. Markup Factory reserves the right to immediately terminate your End User account and your access to the Service for any violation of the terms and conditions set forth in this Agreement, with or without prior notice to you, for any reason in Markup Factory's sole and exclusive discretion. Upon termination of your End User account and your access to the Service, you must destroy all content and materials obtained through your use of the Service, all related documentation and any originals or copies of same. Upon termination of your End User account by Markup Factory, Markup Factory reserves the right to immediately delete all electronic mail messages in your End User account and prohibit any and all further access to those electronic mail messages and/or your use of the Service.

Cancellation Policy

You may cancel your account at any time. We require that you cancel seven (7) days prior to your monthly renewal date or you will be charged your next month's subscription fee.

All cancellations must be done in writing. THERE ARE NO EXCEPTIONS. Please email your cancelation request to support@markupfactory.com. Upon receipt, we will cancel your account and your account, including all email lists, campaigns, and reports will be permanently deleted from our system.

Please note that until you provide us with a written Cancellation Request, your account will be charged monthly for your subscriptions fee. Inactivity in your account will not constitute a cancellation.

Refunds - If you prepaid for an annual plan and you wish to cancel, then the refund is only for 1/2 of the year. The refund request must be made in the first half of the service year. No refunds are allowed on price guarantee custom plans.
If any customer is deemed to have violated our anti-spam policy as determined by Benchmark, no refunds will be permitted.

Cancellation and Credit Card Charge Backs - By agreeing to our terms of use and using our service you agree to NOT do any credit card chargebacks on your credit card that you use to pay for your Benchmark services. You agree to resolve the matter with Markup Factory directly. If we cannot agree, then the issue will be resolved by the Small Claims Court that holds the jurisdiction for Long Beach. This is a legally binding term of our Terms of Use.

14. Disclaimer of Warranties.
You expressly agree that use of the Service is at your sole risk. The Service is provided by Markup Factory on an "as is" and "as available" basis. Markup Factory expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Markup Factory makes no warranties that the Service will meet your requirements and/or be uninterrupted, timely, secure or error-free, nor does Markup Factory make any warranty as to the accuracy or reliability of any information obtained and/or downloaded through the use of the Service or that defects in the system and software will be corrected. Markup Factory makes no warranty regarding any goods or services purchased or downloaded through the use of the Service or any third-party links or any information obtained or transactions entered into through the use of the Service. No advice or information, whether oral or written, obtained by you from Markup Factory shall create a warranty not expressly stated herein. Furthermore, Markup Factory makes no warranties concerning the suitability of the content provided through the Service for any purpose.

15. Disclaimer of Liability.
Markup Factory shall not be liable for any damages whatsoever, whether direct, indirect, punitive, incidental, special or consequential, arising out of or in any way connected to the use of the Service or with the delay or inability to use the Service, or for any information, products and services obtained through use of the Service, or otherwise arising out of the utilization of the Service, whether based in contract, tort, strict liability or otherwise, even if Markup Factory has been advised of the possibility of said damages. Furthermore, Markup Factory shall not be liable for any damages arising from the interruption, suspension or termination of the Service, including, but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether or not such interruption, suspension or termination was justified, negligent or intentional.

16. Modifications.
Markup Factory reserves the right to modify and/or discontinue the Service, whether temporarily or permanently, with or without notice to the users, and Markup Factory shall not be liable to you or any third party for any such modification and/or discontinuance of the Service. Markup Factory further reserves the right to make revisions, modifications, additions, deletions or any such changes to this Agreement at its sole discretion, at any time, with or without notice to its users.

17. Indemnification.
You agree to indemnify and hold Markup Factory, subsidiaries, affiliates, officers, agents, representatives, successors, members, principals and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site or services set forth in this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations, obligations and warranties set forth above. Markup Factory reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of Markup Factory.

18. Jurisdiction.
If there is any dispute about or involving the Service provided by Markup Factory, by using the Service, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by an arbitrator or mediator and the federal courts of the State of California. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial (or other) Arbitration Rules (including the Emergency Interim Relief Procedures), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

19. Severability.
If any term or provision of this Agreement is determined to be illegal, unenforceable or invalid in whole or in part for any reason, such illegal, unenforceable or invalid provision(s) or part thereof shall be stricken from this Agreement, and such provision(s) shall not affect the legality, enforceability or validity of the remainder of this Agreement. If any provision or part thereof is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision that is as similar in tenor to the stricken provision as is legally possible.

20. Entire Agreement
This Agreement represents the entire agreement between you and Markup Factory with respect to your use of the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Markup Factory with respect to your use of the Service.

 

http://www.benchmarkemail.com/cancellationrequest.pdf 

http://www.benchmarkemail.com/terms.aspx#site 

Additional Terms of Use