All products and services provided by Barron Marketing Solutions may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State or local law is strictly prohibited. Client agrees to indemnify and hold harmless Barron Marketing Solutions from any claims resulting from Client’s use of the service which damages Client or any other parties, including attorney’s fees.
Barron Marketing Solutions will not be liable for any interruptions in service or other monetary loss related to a violation of this Acceptable Use Policy.
1. Services Provided – Barron Marketing Solutions provides Client with web-based, increased sales and marketing trust seals, and affiliate functionality. All services provided must be used by Client in compliance with this Acceptable Use Policy.
2. Client Obligations – Client agrees to use Barron Marketing Solutions’ services in a manner that is legal, ethical and in conformity with community standards and to respect the privacy of others. More specifically, Client agrees to abide by Barron Marketing Solutions’ requirements governing the use of the various components of Barron Marketing Solutions’ services, as described below:
- E-Mail: Barron Marketing Solutions strictly prohibits any involvement in Unsolicited Commercial E-mail campaigns (UCE, more commonly called “spam”). Barron Marketing Solutions maintains a Zero Tolerance policy against spam, be it direct, indirect, or through any affiliate or agent acting on the Client’s behalf. Clients are advised to consult their own attorney to ensure compliance with all Federal, State and local laws.
- E-commerce: Barron Marketing Solutions provides verification of SSL certificates. Client agrees to collect all payment information on a secure page – sale forms, shopping carts, order pages, etc. Internet protocol shall begin with “https.”
- Affiliates: Any and all of Barron Marketing Solutions’ affiliates are bound by the terms of this Acceptable Use Policy. Client is responsible for ensuring that his or her affiliates are refraining from any unsolicited communications involving the Barron Marketing Solutions services. Client’s failure to ensure his or her affiliates’ compliance with this Acceptable Use Policy will be found in violation of the Policy and will be subject to the penalties stated in this Policy.
- Security: Client agrees to use SSL Encryption (minimum = 128-Bit) on pages that capture sensitive information such as Credit Card Data, Social Security Numbers or Loan Information. Internet protocol shall begin with “https.”
- Contact Information: Client agrees to display current, valid contact information. This shall include email address, phone number and mailing address. Client agrees to contact the Barron Marketing Solutions if any changes are made to the contact information originally submitted during the certification process.
3. Violations and Penalties – Clients who fail to comply with the terms of this Acceptable Use Policy will be subject to the following penalties, including, but not limited to, termination of service:
- Complaints: A $25 administration fee will be charged to Client’s account for each substantiated complaint of spam, unauthorized communication or illegal action that Barron Marketing Solutions receives involving Client’s account. This non-refundable administration fee goes toward disputing the complaint with the complainant, gathering opt-in data and or proof of information request, and resolving the complaint. One “free” complaint per month will be allowed for each Client.
- Notice of Complaints: Upon receiving a complaint, Barron Marketing Solutions will notify Client of said complaint and investigate the validity of the complaint. If Client does not take immediate remedial action to rectify the situation, Barron Marketing Solutions may temporarily suspend Client’s service until Client has resolved the situation to Barron Marketing Solutions’ satisfaction.
- Disputing Complaints: After Barron Marketing Solutions notifies Client of a complaint involving his or her account, Client will have the burden of proof to demonstrate to Barron Marketing Solutions that the complaining individual did, in fact, agree to receive communications from Client. If Client cannot demonstrate to Barron Marketing Solutions that the complaining individual agreed to receive communications from Client, the complaint will be deemed a “Confirmed Violation” of this Acceptable Use Policy.
- Confirmed Violations: A $25 administration fee will apply, and termination of service may apply, in the event Barron Marketing Solutions conclusively determines that Client sent an unsolicited communication to multiple recipients who did not agree to receive communications from Client.
- Blatant, Widespread and/or Repeated Violations: In accordance with its Zero Tolerance Spam Policy, Barron Marketing Solutions will immediately terminate the account of any Client found to be involved in a spam campaign or other widespread or repeated violation of this Acceptable Use Policy.Furthermore, such Client will incur a $50 penalty and all information contained in Client’s account will be forfeit, with no consideration of retrieval. Client will be held accountable for any monetary damages suffered by Barron Marketing Solutions, sustained through contravention of this Policy. Such monetary damages may include, but are not limited to, loss of web seals and unique Client page, any costs incurred securing further Web/Domain hosting and punitive damages related to lost clients and revenues due to said violation.The determination of what constitutes a “blatant, widespread and/or repeated violation” of this policy will be determined by Barron Marketing Solutions in a reasonable manner.
4. Reservation of Rights – Barron Marketing Solutions reserves the right to terminate Client’s account for any violation of this Acceptable Use Policy. Furthermore, Barron Marketing Solutions reserves the following rights:
- Questionable Practices: Barron Marketing Solutions may terminate Client’s account if Client engages in any practice that is, in Barron Marketing Solutions’ sole discretion, unlawful, obscene, threatening, abusive, libelous or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
- Change of Terms and Conditions: Barron Marketing Solutions reserves the right to change the terms and conditions of this Policy, as needed. Use of Barron Marketing Solutions’ services by Client after said changes constitutes Client’s acceptance of the new Policy.
- Indemnification: Client agrees to indemnify, defend and hold harmless Barron Marketing Solutions and its affiliates, directors, officers, employees and agents, harmless of and from any and all liability, losses, damages, injuries or expenses (including attorney’s fees and expert witness charges) arising out of any claimed or alleged action or inaction toward any third party whether such claimed or alleged action or inaction arises out of a claim of misuse of copy written materials, License violation, domain misuse, trademark misuse or any active or passive negligence.