ZipBoss.com Terms and Conditions of Use

By signing up for the ZipBoss service ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at: http://www.zipboss.com/legal/terms.

Metasoft reserves the right to update and change the Terms of Service by posting updates and changes to the ZipBoss website. Regardless of whether Metasoft has provided you individual notice, your continued use of the Service following Metasoft's notice or posting of changed Terms of Service will constitute your acceptance of such changes. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

Account Terms

You must be 18 years or older to use this Service.

You must provide your full legal name, a valid email address, a valid credit card, credit card billing information and any other information needed in order to complete the signup process.

You are responsible for keeping your password secure. Metasoft cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.

If you are registering a new domain name or using a previously registered domain name in conjunction with the Service, your use of the domain name is subject to the terms and conditions of the agreement between you and your domain name service provider, and not with Metasoft.

You may not use the ZipBoss service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States and the state of California.

You are responsible for all activity on and content (data, graphics, photos, links) that is uploaded to your ZipBoss account.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Account Terms as determined in the sole discretion of Metasoft will result in an immediate termination of your services.

General Conditions, Rights and Responsibilities

You must read, agree with and accept all of the terms and conditions contained herein and in the Privacy Policy before you may become a member of ZipBoss.

We reserve the right to modify or terminate the Service for any reason, without notice at any time.

We reserve the right to refuse service to anyone for any reason at any time.

Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.

Metasoft does not warrant that the service will be uninterrupted, timely, secure, or error-free.

Metasoft does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Metasoft does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

You expressly understand and agree that Metasoft shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

In no event shall Metasoft or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Metasoft.

All rights, title, and interest in and to Metasoft and ZipBoss developed, licensed, or owned technology will remain solely with Metasoft. You agree not to directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from Metasoft or ZipBoss.

Verbal or written abuse of any kind (including threats of abuse or retribution) of any ZipBoss member or customer, or Metasoft employee, member, or officer will result in immediate account termination.

We do not claim any intellectual property rights over the material you provide to the ZipBoss service. All material you upload remains yours. By uploading images and textual content to ZipBoss.com, you agree to allow other internet users to view them and you agree to allow ZipBoss to display and store them and you agree that Metasoft can, at any time, review all the content submitted by you to its Service.You can hide your ZipBoss services including the images and textual content associated with the service at any time from your website administration screen.This will not remove the content you have stored on the Service and you can make the service visible again from the same administration screen.

The failure of Metasoft to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Metasoft and govern your use of the Service, superseding any prior agreements between you and Metasoft (including, but not limited to, any prior versions of the Terms of Service).

Questions about the Terms of Service should be sent to info@zipboss.com.

Payment of Fees

You will pay all fees due according to the prices applicable to your Services. Any installation or setup fees and non-recurring charges, along with the first month's recurring charges, shall be due and payable immediately upon initiation of Service. Thereafter, recurring fees will be charged in advance to your credit card.

If your credit card is invalid or you are otherwise past due in your payments for any reason, the Service may be terminated and removed from Metasoft's servers by Metasoft with or without notice, and all the information contained within deleted permanently. Metasoft accepts no liability for information or content that is deleted due to an invalid credit card or where your payments are past due. Reactivation of the Service after termination or cancellation for any reason shall require the payment of any past due payments, applied interest or fees if any, any applicable setup fees and the first month's recurring charges at the then current Service rates.

You can upgrade or downgrade between available plans at any time. An upgrade or downgrade will take effect on the first day of the next billing cycle. You will be automatically charged, via your credit card, any and all recurring charges based upon your upgrade or downgrade.

Metasoft may modify its billing practices or late payment charges at any time by providing you with prior written notice of the modification.

Metasoft in its discretion may offer discounts or special offers from time to time.

All charges to your account and all payments received will be available to view from your ZipBoss administration console.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Metasoft does not provide refunds.

Term and Termination

The term of this agreement will commence on the date you click the acknowledgement box to acknowledge that you have read, understood, and agree to these Terms of Service and will remain in effect for a period of time not less than one billing cycle.You may cancel your account at any time by contacting Metasoft at info@zipboss.com.

Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.

We reserve the right to modify or terminate the ZipBoss service for any reason, without notice at any time.

Without limiting any other remedies, Metasoft may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Modifications to the Service and Prices

Prices for using ZipBoss are subject to change upon 14 days notice from Metasoft. Such notice may be provided at any time by posting the changes to the ZipBoss Site (ZipBoss.com), via email to you or through the administration page of your ZipBoss account.

Metasoft reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.

Metasoft shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

ZipBoss Privacy Policy

Metasoft collects e-mail addresses of people who send us e-mail. We also collect information on what pages users access and information provided to us by users via surveys and site registrations. Such information may contain personal data about you including your address, phone numbers, credit card numbers, etc. We are not allowed to disclose such personal information without your written permission. However, certain information collected from you and about you is used within the context of providing the Service. The information we collect is not shared with or sold to others except under the certain circumstances and which your use of the Service is deemed to provide to us a valid consent to disclose the following:

In order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of ZipBoss's terms of use, or as otherwise required by law.

Metasoft does not rent, sell, or share personal information about you with other companies except to provide products or services you've requested or when we have your permission.

We will transfer information about you if Metasoft or ZipBoss is acquired by or merged with another company. In this event, Metasoft will notify you by email or by putting a prominent notice on the ZipBoss web site before information about you is transferred and becomes subject to a different privacy policy.

What we do with your information

When you register for ZipBoss we ask for your name, email address, billing address, and credit card information. Metasoft uses the information we collect for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research.

As part of the buying and selling process on ZipBoss, you may obtain the email address and/or shipping address of your customers. By agreeing to our Terms and Conditions (Terms of Service), you agree that, with respect to other users' personal information that you obtain through ZipBoss or through a ZipBoss-related communication or ZipBoss-facilitated transaction, Metasoft hereby grants to you a license to use such information only for ZipBoss-related communications that are not unsolicited commercial messages. Metasoft does not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add the name of someone who has purchased an item from you, to your mail list (email or physical mail) without their express consent.

Security

The security of your personal information is important to us. When you enter sensitive information, such as credit card number on our registration form, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can send email us at info@zipboss.com.

Disclosure

Metasoft may disclose personally identifiable information under special circumstances, such as to comply with court orders requiring us to do so or when your actions violate the Terms of Service.

Client Data Storage

Metasoft owns the data storage, databases and all rights to the ZipBoss application however we make no claim to the rights of your data. You retain all rights to your data and we will never contact your clients directly, or use your data for our own business advantage or to compete with you or market to your clients.

Cookies

A cookie is a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site's computers and stored on your computer's hard drive.

Metasoft uses cookies to record current session information, our cookies generally last two weeks. You are required to log-in to your ZipBoss site after a certain period of time has elapsed to protect you against others accidentally accessing the content of your account.

Changes to this Privacy Policy

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here or by means of a notice on the ZipBoss homepage or your ZipBoss account page so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

Questions

Any questions about this Privacy Policy should be addressed to info@zipboss.com.