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Terms Of Usage / Privacy Policy

The following is the Terms of Service Agreement that you must adhere to in order for us to provide you with service. By using our services, you agree that you have read the terms of service and agree to it's terms.

The terms of this agreement are entered into by and between Sqarelicious Inc. Internet Services, Inc. (herein referred to as "Sqarelicious Inc.") and you ("Customer") Sqarelicious Inc. and the Customer are "Parties" hereto.


CONFIDENTIALITY
During the Term and thereafter, neither Party shall disclose any proprietary information of or regarding the other Party. Such proprietary information shall remain the property of the disclosing Party. A Party receiving proprietary information shall (1) clearly mark it as such when disclosing to the other Party; (2) use or reproduce such information only when necessary to perform this Agreement; (3) provide at least the same care to avoid unauthorized use or disclosure to third parties as it provides to protect its own proprietary information; (4) limit access to such information to its employees, contractors, or agents who need such information to perform this Agreement; and (5) return or destroy all such proprietary information, including copies, after the need for such information has expired, upon request of the disclosing Party (see NOTIFICATION), or upon termination of this Agreement (see TERMINATION).


SECURITY
Access to the Sqarelicious Inc. network (Herein known as the "System"), the Internet, and to certain online transactions involves the use of identification numbers, passwords, charge or debit accounts or other individualized nonpublic information. The Customer shall use its best efforts to prevent unauthorized use of the system or any private materials, and shall promptly report to Sqarelicious Inc. any unauthorized use or other breach of security. Customer shall be responsible for any unauthorized use of its identification numbers or passwords until Sqarelicious Inc. receives written notice of a breach of security and a request to block further access for such numbers and passwords. Sqarelicious Inc. shall not be liable for any unauthorized use of charge, debit, or other credit accounts.


CONTENT
The Customer shall not use the System to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal, or international law or regulation. Customers shall not upload, post, publish, transmit, or distribute in any fashion, information, software, or other material, which is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder and shall not upload, post, transmit, or distribute in any way any component of the system itself or derivative works with respect thereto.

SPAM (Unsolicted Mass E-mail)
The use of spam (see http://spam.abuse.net) is strictly prohibited by Sqarelicious Inc.. Sqarelicious Inc. reserves the right to its sole discretion to determine if content is considered spam. If Sqarelicious Inc. has determined such content is spam, Sqarelicious Inc. reserves the right to cancel services without a refund. and may charge a disconnect fee of up to $500. Our spam policies include sending of, advertising within, and support of spam. If you're looking to spam, please look elsewhere. It's not worth your time or money.


DISCLOSURE OF CONTENT
Sqarelicious Inc. reserves the right to the monitor the system electronically and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the System properly, or to protect itself and/or its users. If required by court order or requested by a government agency, parties may disclose, without penalty, such information even if was disclosed as proprietary or confidential (see CONFIDENTIALITY).


INDEMNITY
In accordance with this agreement, the Customer agrees to defend, indemnify and hold Sqarelicious Inc., its affiliates, contractors, agents, vendors, and their respective employees harmless from any and all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (A) Any violation of this agreement by the Customer, (B) The use of the system or the Internet or the placement or transmission of any message, information, software or other materials on the system or the Internet by the Customer (C) Acts or omissions of the Customer in connection with the construction, installation, maintenance, presence, use or removal of systems, channels, or terminal equipment or software not provided by Sqarelicious Inc. which are connected or are to be connected to the system; and (D) claims for infringement of patents arising from the use of equipment and software, apparatus and systems not provided by Sqarelicious Inc. in connection with the services and the system.


WARRANTY OF SERVICES
Sqarelicious Inc. operates an online, computerized interactive system. Sqarelicious Inc. does  insure the 100% uptime of any such services on the System. However, Sqarelicious Inc. reserves the right to forfeit services due to acts of god, or of any uncontrollable nature. If at any time the Customer feels unsatisfied with services it may notify (see NOTIFICATION) Sqarelicious Inc. of its wish to discontinue services, as provided under the termination section, below.  For more details, please visit www.squarelicious.com/sla.html for a detail of our Service Level Agreement ('SLA').

TERMINATION.
If Customer perceives an outage or interruption in services supplied to Customer by Sqarelicious Inc., it may, within ten (10) business days, notify (see NOTIFICATION) Sqarelicious Inc. of Customer's request for a credit for the perceived interruption. Sqarelicious Inc. will review Customer's request and any accompanying log files, end-user complaints, or other evidence supporting the perception of a service interruption. Sqarelicious Inc. will, within ten (10) business days and at its sole discretion, decide if a credit is to be issued. Sqarelicious Inc. will decide the amount of such a credit if one is to be granted, and notify (see NOTIFICATION) Customer of its decisions. Customer then has ten (10) business days to notify (see NOTIFICATION) Sqarelicious Inc. that the credit is unsatisfactory to Customer. If Sqarelicious Inc. does not receive such notice, it will assume that the credit is satisfactory, and that it has fully compensated Customer for any loss or damages resulting from the outage or interruption in service. No further credit or monetary damages will be issued due to the incident, either pursuant to the terms of this Agreement or arising from any Civil claim. By accepting the credit, Customer forfeits all rights to future litigation of damage claims resulting from the outage or interruption.


TERM
The Term of this Agreement will commence when Provider begins providing service to Customer. The Term will continue after commencement until service has been terminated as specified under TERMINATION.


TERMINATION
Customer may terminate the Agreement upon 10 days notice (see NOTIFICATION) provided Customer has paid all balances due to Sqarelicious Inc..
Sqarelicious Inc. may terminate the Agreement upon 30 days notice. If Customer fails to comply with the provisions of for payment set forth in this agreement, Sqarelicious Inc. reserves the right to suspend services without notice and/or terminate the Agreement upon 10 days notice.
Additionally, if Customer fails to comply with the legal provisions set forth in this Agreement, Sqarelicious Inc. reserves the right to suspend services provided to Customer under this Agreement immediately upon discovery of non-compliance.


ACCESS
Sqarelicious Inc. reserves the right to deny the Customer access to all or part of the system without notice if the Customer engages in any conduct or activities that Sqarelicious Inc. in its sole discretion believes violates any of the terms and conditions in this agreement. If Sqarelicious Inc. denies the customer access to the system because of such a violation, the customer shall have no right (1) to access through Sqarelicious Inc. any materials stored on the System, or the Internet, (2) to obtain any credit(s) otherwise due to the customer and such credit(s) will be forfeited, (3) to access third party services, merchandise or information on the system, or the Internet, and Sqarelicious Inc. shall have no obligation to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification or restriction of the Customer's access.


PAYMENT FOR SERVICE
In accordance with this agreement, the Customer agrees that payment for all services rendered shall be remitted on or before the due date set forth in the invoice regardless of payment method.
In the event that the method of payment used by the Customer fails and Sqarelicious Inc. Financial Institution holds Sqarelicious Inc. solely responsible, the customer will remit the loss incurred by Sqarelicious Inc. and a Five Dollar ($5) processing fee.


PAYMENT BY CREDIT CARD
Customer may supply Sqarelicious Inc. with a credit card or debit card account number (herein referred to as "card") in order to make payment for services. In this event, at the time Customer is issued an invoice by Sqarelicious Inc., Sqarelicious Inc. shall notify Customer by email of the amount their Card is to be charged, as well as the last four digits of the Card account number. Sqarelicious Inc. shall then wait five (5) business days, allowing Customer the opportunity to contest such charges or request an alternate payment method. In the event Customer wishes to contest charges and notifies Sqarelicious Inc. as such during the five (5) day period, Sqarelicious Inc. will not apply any charges to Customer's Card until Customer and Sqarelicious Inc. have reached an agreement on the amount to be charged to Customer's Card. In the event Customer wishes to contest charges after they have been applied to Customer's Card, Sqarelicious Inc. will work with Customer to determine the correct balance due. If an error was made and Sqarelicious Inc. charged an excessive amount, Customer may elect to (1) have their account adjusted to show a positive balance reflecting the overpayment, (2) receive credit for the excessive charge by the Customer's financial institution associated with the Card, credit to be given within one (1) business day of discovery of excess charges. If Customer's Card is declined, Sqarelicious Inc. shall immediately notify Customer of the payment problem. If Customer does not notify Sqarelicious Inc. of an alternate payment method or request that Sqarelicious Inc. make a second attempt at charging Customer's Card by the due date on the invoice, the Customer's account will be considered past-due, and past-due fees will be applied (see PAYMENT FOR SERVICES, subsection PAST DUE BALANCES)


CURRENCY CONVERSION
All monetary amounts specified are in United States Dollars. Customer shall be responsible for any fees incurred due to currency conversion. Currency fluctuations may affect the amount of United States Dollars received by Sqarelicious Inc. following any currency conversion. Customer shall be responsible for any shortfall due to currency fluctuations.


PAST DUE BALANCES
If Sqarelicious Inc. does not receive payment services rendered by the due date indicated on an invoice issued to Customer, a $5.00 (Five Dollar) past-due balance charge will be incurred by the Customer in addition to a 1.5% interest charge applied to the overdue balance for each month overdue. In the event that payment has not been received within forty-five (45) days of the due date indicated on an invoice issued to Customer, or by such a time which may be determined between both parties due to special circumstances that may apply, Sqarelicious Inc. reserves the right to suspend services, or access to the following but not limited to, the System, data maintained on the System, E-mail, or Web Sites. In the case that such restricted access applies to the equipment of the Customer, all equipment will be removed from the Sqarelicious Inc. network. Minimum monthly charges still apply regardless of service. If payment has not been remitted within ninety (90) days, access to the System may, at Sqarelicious Inc. sole discretion, be permanently denied. Sqarelicious Inc. may also, at its sole discretion, archive or destroy any data stored by Customer on Sqarelicious Inc.' System. In the event Sqarelicious Inc. chooses to archive data, such data becomes the sole property of Sqarelicious Inc.. Archived data will not be disclosed to any third party. In addition, archived data will not be disclosed to Customer until all due balances have been paid in full, including a fee of no less than fifteen dollars ($15.00) for retrieving archived data. Any equipment owned by Customer located on the Sqarelicious Inc. System or network will be removed and placed into storage. Sqarelicious Inc. may, at its sole discretion, seize sole ownership of such equipment and credit Customer's account an amount less than or equal to Customer's current balance. Sqarelicious Inc. reserves the right to employ a collection agency to assume all uncollected balances, and to deny future requests from Customer for services. If the Customers method of payment is declined it will be immediately notified in regards to the problem. If no notice is received before the current due date the account will be considered delinquent and late charges will apply (see PAYMENT FOR SERVICES). All other payment matters between Sqarelicious Inc. and the Customer, if discussed and confirmed in written agreement, may supercede hereto any such terms set forth in this agreement.


NOTIFICATION
All notices permitted or required under this Agreement, excluding invoices, will be sent in writing by (1) electronic mail; (2) certified mail; or (3) overnight mail, addressed to the
Parties as follows:


Sqarelicious Inc.
3300 South Decatur
#10325 Las Vegas, NV 89102
legal@squarelicious.com


GOVERNING LAW
Jurisdiction and venue. This agreement shall be governed by, and construed in accordance with, the laws of the state of Illinois, exclusive of choice of law rules. Venue for any action arising out of or in connection with this agreement shall be in Illinois. The parties each hereby consent to the jurisdiction and venue in Illinois and waive any objections to such jurisdiction and venue.

ASSIGNMENT
Neither Provider, nor Customer, may assign or delegate its responsibilities, rights, or obligations under this Agreement to any other entity without the written consent of the other Party.

MODIFICATION
This Agreement may only be modified by written amendment executed by persons authorized to bind Customer and Provider. Oral or "on-line" agreements contrary to the terms set forth in this Agreement will not be admissible in the event of a dispute.

NO WAIVER
Sqarelicious Inc. failure to insist upon or enforce any provision of this agreement shall not be construed as a waiver of any provision or right.

THE AGREEMENT
This agreement (and any amendments hereto) represents a binding written contract, whether executed by each party on paper on paper or accepted by electronic communication.


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