Terms

Last modified: December 2011

Agreement Between User And Archetype Marketing

Archetype Marketing is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. We reserve the right to change the terms, conditions, and notices under which Archetype Marketing is offered, including but not limited to the charges associated with the use of Archetype Marketing. Such changes will become effective five business days after being posted on the Archetype Marketing website. When we change these terms of use, we will also modify the “Last modified” date above. We encourage you to review these terms of use periodically. Your use and/or payment for Archetype Marketing services and products constitutes your agreement to all such terms, conditions, and notices.

Subscription

Your Archetype Marketing subscription includes the features described on our website and as discussed and communicated via email between Archetype Marketing and User prior to purchase.

One-Time Archetype Marketing Services

Archetype Marketing offers consulting packages for its customers to provide training and Internet marketing expertise to help our customers succeed. Hours purchased as part of a consulting package expire 90 days from purchase. Initial consulting engagements typically include 30 minutes of preliminary research. Please contact Irene Kimmel to learn more about Archetype Marketing consulting packages.

Archetype Marketing can also replicate the customer’s website on Archetype Marketing’s WordPress network for implementation of custom landing pages and a blog, or create an entirely new template driven website for a customer. A custom quote is required for these services.

Customer Support

Customer Support for your subscription is included in your monthly subscription fee.

Phone support for Archetype Marketing Products is available by calling (415)320-6006 or by sending an email with details of your support request to support@archetypemarketing.com or by using our Support Request form. We attempt to respond to support questions within one business day; in practice, our responses are generally even faster, however, we do not promise or guarantee any specific response time.

Customer Reference

You agree that we can use your company name and logo in connection with marketing and promoting Archetype Marketing and where appropriate a “Designed by Archetype Marketing” may be included in your designs (i.e., at the bottom of your website).

Payment

Archetype Marketing will commence set-up of the services or products when upon confirmation of your subscription payment approval. Most subscription packages are set up to automatically renewed and be billed on successive billing dates.

The Archetype Marketing services or products subscription can be canceled for any reason at the end of your current billing period. You will be responsible for cancelling any automatic billing through your original payment processor (Credit Card, PayPal, Google Checkout). No refunds of pre-paid subscription fees will be made. Customer will not have access to Archetype Marketing portal or websites following cancellation of service. Archetype Marketing may delete all images, content and information within 60 days of termination.

Payment for additional fees such as consulting packages and migration fees are due at the start of the engagement with no refunds.

Account Suspension and Deletion for Nonpayment Policy

Archetype Marketing has implemented the following account suspension and deletion for nonpayment policy.

Invoices by Email

By default invoices are emailed to the account you specified during signup 30 days prior to the expiration of your hosting services.

You will receive several reminder emails regarding a balance and due date on your account. Accounts are suspended 48 hours after due date if payment is not received.

PLEASE NOTE: If you are using a contact email associated with the domain in question your email may or may not be disabled with the account suspension and notifications may be undeliverable. It is strongly suggested that you use an “alternative email” for account notifications or better yet, pay all hosting bills by your due-date to avoid any disruption of services.

Account Suspension for Nonpayment

Accounts not paid within 2 days of the due date will be suspended.

Deletion Warnings and Restoral Fee

You will receive a deletion warning by email 5 and 10 days after the due date on your account. Accounts that go past 10 days suspended with require a $25 per domain restoral fee added to hosting balance paid in full in order to restore your website.

Account Deletion for Nonpayment

Accounts still not paid within 30 days of the due date will be permanently deleted. All web files and email will be permanently deleted, and not available for restoration.

Use and Limitations of Use

We authorized you to use the features of Archetype Marketing which correspond to the product for which you subscribe and pay the subscription fee for your personal use in accordance with these terms of use and our description of the product. As a condition of your use of Archetype Marketing, you warrant to us that you will not use Archetype Marketing for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Archetype Marketing in any manner which could damage, disable, overburden, or impair the Archetype Marketing website or interfere with any other party’s use and enjoyment of Archetype Marketing. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Archetype Marketing.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party Archetype Marketing or its content in any way; (ii) modify or make derivative works based upon Archetype Marketing or its content; (iii) “frame” or “mirror” any of its content in any other server or wireless or Internet-based device; or (iv) reverse engineer or access Archetype Marketing in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of Archetype Marketing, or (c) copy any ideas, features, functions or graphics of Archetype Marketing.

You agree not to access (or attempt to access) Archetype Marketing by any means other than through the Archetype Marketing website or other interface provided to you by us, unless you have been specifically allowed to do so in a separate agreement with us. You specifically agree not to access (or attempt to access) Archetype Marketing through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any files present on Archetype Marketing.

System Resource Usage

If Archetype Marketing determines that an account is utilizing an unacceptable amount of system resources, Archetype Marketing may temporarily deactivate the account in question. If Archetype Marketing’s staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases; Archetype Marketing will do all it can to assist customers prior to this scenario.

Archetype Marketing will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.

Backups

Archetype Marketing performs nightly backups of shared and reseller servers; however, these backups are for Archetype Marketing’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Archetype Marketing does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Archetype Marketing’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

Unsolicited Email (SPAM)

SPAMing, or the sending of unsolicited email, from a Archetype Marketing server or using a return email address that is maintained on a Archetype Marketing server is STRICTLY prohibited. Using SPAM to advertise a site hosted on Archetype Marketing’s network also constitutes as a violation of this provision. Archetype Marketing will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.

For anyone intentionally spamming on our systems, we reserve the right to bill them at rate of $90/hour for any cleanup, research, and related work from their illegal activities.

Help us STOP SPAM! Please email support (at) archetypemarketing (dot) com immediately to report a violation of our SPAM policies.

Support Abuse

At Archetype Marketing, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host. A pro-rated refund may be issued on a case-by-case basis.

Customer Data Confidentiality

Confidential customer data is the property of the customer. Archetype Marketing will not utilize specific confidential data without prior customer consent. Archetype Marketing may use aggregate de-identified customer data and statistics for internal analysis and external marketing purposes.

The privacy of your information is important to us. We only use information you provide as permitted by our Privacy Policy and applicable law. You may review our Privacy Policy at the following link: http://www.Archetype Marketing.com/privacy-policy.

Materials Provided To Us Or Posted At Any Archetype Marketing Website

Archetype Marketing does not claim ownership of the materials you provide to Archetype Marketing (other than suggestions, feedback and information relating to Archetype Marketing as provided above) or post, upload, input or submit to any Archetype Marketing website or its associated services (collectively “Submissions”) or works specifically created by Archetype Marketing for you. By posting, uploading, inputting, providing or submitting your Submission you are granting to us, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of our and their businesses. No compensation will be paid with respect to the use of your Submission. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

You agree to indemnify and hold us harmless against any claims or losses imposed on, incurred by, or asserted as a result of or relating to: (a) your use of Archetype Marketing; (b) your noncompliance with any of the terms and conditions hereof, or (c) the unauthorized use of Archetype Marketing by any other person using your user information.

Links To Third Party Sites

Archetype Marketing may contain links to third-party websites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. The Linked Sites are provided to you only as a convenience, and the inclusion of any Linked Site does not imply endorsement by us of the Linked Site or any association with its operators.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH ARCHETYPE MARKETING MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO ARCHETYPE MARKETING. WE AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN ARCHETYPE MARKETING AT ANY TIME. ADVICE RECEIVED VIA ARCHETYPE MARKETING SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

WE AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AVAILABLE THROUGH ARCHETYPE MARKETING FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF ARCHETYPE MARKETING, WITH THE DELAY OR INABILITY TO USE ARCHETYPE MARKETING OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH ARCHETYPE MARKETING, OR OTHERWISE ARISING OUT OF THE USE OF ARCHETYPE MARKETING, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF ARCHETYPE MARKETING, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING ARCHETYPE MARKETING.

Termination/Access Restriction

We reserve the right, in our sole discretion, to terminate your access to Archetype Marketing and the related services or any portion thereof at any time, immediately upon notice.

Notices

The parties agree that any notices of a dispute or other communications addressed to us will be sent by certified or registered mail, return receipt requested to the contact address below:

Archetype Marketing 1770 W State St #105 Boise ID 83702

and deemed delivered as of the date of signing of the return receipt or the first date of a refusal to sign.

Privacy

Archetype Marketing is committed to developing long lasting relationships based on trust. As such, Archetype Marketing will do everything in its power to ensure that your right to privacy is maintained and protected.

Social Media Marketing and SEO

Archetype Marketing uses a variety of utilities and programs “tools” to perform tasks related to Social Media Marketing and SEO “Search Engine Optimization” that will vary from client to client.  Many of these tools require an Agency status or “Pro” version of the software or subscription and may not be available for use directly by clients with all features.  Archetype Marketing in no way guarantees the continued use or use by client of any of these tools outside of an ongoing subscribed maintenance program.

Please review our complete Privacy Policy here.