Website Terms and Conditions of Use
DMCA Compliance Statement
End User License Agreement (EULA)
Affiliate Commissions Policy and Terms of Agreement
Web Site Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
a. Permission is granted to temporarily download one copy of the materials (information or software) on BlackWire Marketing LLC's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to de-compile or reverse engineer any software contained on BlackWire Marketing LLC's web site;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or "mirror" the materials on any other server.
B. This license shall automatically terminate if you violate any of these restrictions and may be terminated by BlackWire Marketing LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
a. The materials on BlackWire Marketing LLC's web site are provided "as is". BlackWire Marketing LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, BlackWire Marketing LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall BlackWire Marketing LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on BlackWire Marketing LLC's Internet site, even if BlackWire Marketing LLC or a BlackWire Marketing LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on BlackWire Marketing LLC's web site could include technical, typographical, or photographic errors. BlackWire Marketing LLC does not warrant that any of the materials on its web site are accurate, complete, or current. BlackWire Marketing LLC may make changes to the materials contained on its web site at any time without notice. BlackWire Marketing LLC does not, however, make any commitment to update the materials.
BlackWire Marketing LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by BlackWire Marketing LLC of the site. Use of any such linked web site is at the user's own risk.
8. Governing Law
Any claim relating to BlackWire Marketing LLC's web site shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
© Copyright 2012-2013, BlackWire Marketing, LLC for 90 Second Website Builder
© Copyright 2012-2013, BlackWire Marketing, LLC for BlackWire Hosting
© Copyright 2012-2013, BlackWire Marketing, LLC for Drag and Drop Site Builder
- All logos of BlackWire Marketing, 90 Second Website Builder and Drag and Drop Site Builder belong to BlackWire Marketing, LLC
- All content and images on the site, except where otherwise noted or implied, are owned and copyrighted by BlackWire Marketing, LLC and can only be used with permission.
- 90 Second Website Builder and Drag and Drop Site Builder software and systems may not be used without consent or licensing of BlackWire Marketing, LLC
- All other names and marks are trade names, trademarks or registered trademarks of their respective owners.
- Rights granted to use these materials do not indicate a transfer of title and BlackWire Marketing, LLC reserves the right to revoke those rights at any time.
BlackWire Marketing,LLC DMCA (Digital Millenium Copyright Act) Compliance Statement
BlackWire Marketing, LLC recognizes and makes every effort to comply with the Digital Millennium Copyright Act (DMCA). The DMCA, which was passed in 1998, protects Internet Service Providers from absolute liability in copyright infringement cases.
Historically, copyright laws designate "absolute liability" for violation copyright rights, including reproduction, distribution, modification, public performance and public display of copyrighted material.
The DMCA provides relief from monetary damages for certain practices. For example, an Internet web page could contain copyrighted images used without permission of the copyright holder. The DMCA keeps the Internet Service Provider (ISP) from being held liable in such a situation under the regulations outlined in the Online Copyright Infringement Liability Limitation Act, available at the U.S. Copyright Office Web site: http://www.loc.gov/copyright.
The DMCA limits ISPs from liability for copyright infringement for transmitting information across the Internet. However, ISPs are expected to remove material that appears to constitute copyright infringement.
It is BlackWire Marketing, LLC’s policy to respond to notices of alleged copyright infringement in compliance with the DMCA. This might include removing or disabling access to material, alleged to be related to copyright infringement.
In the event of a copyright infringement claim, BlackWire Marketing, LLC’s, in compliance with the DMCA, will make a good faith effort to contact the site owner of the website that contains the material so that they may have the opportunity to make a counter-notification as specified in the DMCA. If no counter-claim is received within 14 days of notification, or BlackWire Marketing, LLC’s believes the claim to be reasonable, BlackWire Marketing, LLC’s will remove the materials referenced in the claim.
To file a copyright infringement notification with BlackWire Marketing, LLC, a written communication by mail must be received which includes the following:
- A link to the page containing copyrighted work that has been infringed and a description of the nature of the infringement.
- Address and telephone number of the person making the copyright infringement claim.
- Inclusion of the following statement:
"I have a good faith belief that use of the copyright materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Signature of copyright owner or authorized agent.
The complaint should be sent via mail to BlackWire Marketing, LLC
BlackWire Marketing, LLC
1292 High St - Suite 219
Eugene, OR, 97401
The DMCA provides for counter notification if a site owner feels he or she is being wrongly accused of copyright infringement. A written counter-notification letter by regular mail must be sent, including the information below:
- Identification of URLs or material that has been removed or disabled by BlackWire Marketing, LLC’s.
- Name, address, telephone number, email address and a statement consenting to the jurisdiction of the Federal District Court for the judicial district in which your address is located.
- Include the following statement:
"I swear, under penalty of perjury, that I have a good faith belief that the item identified above was removed or disabled as a result of a mistake or mis-identification and is not infringing on copyright."
- The site owner's signature.
The counter-notification should be sent by mail to:
BlackWire Marketing, LLC
1292 High St - Suite 219
Eugene, OR, 97401
BlackWire Marketing, LLC’s will notify the individual or agent who filed the initial copyright claim about the counter-notification and will take action to restore any material that has been removed, if such action seems reasonable. In cases where the parties cannot come to agreement on the copyright infringement claim, BlackWire Marketing, LLC’s will remove or restore material as deemed appropriate by the courts.
90 SecondWebsite Builder / Drag and Drop Site Builder / BlackWire Marketing, LLC End-User License Agreement ("EULA" )
This 90 Second Website Builder / Drag and Drop Site Builder End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and BlackWire Marketing, LLC for the 90 Second Website Builder / Drag and Drop Site Builder software product which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (collectively, "Software Product"). By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this EULA.
Software Product License
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the software product. The software product is licensed, and therefore includes a NON-REFUNDABLE licensing fee. The software product is owned and copyrighted by Pablo Software Solutions (PSS) and its third party suppliers. Your license confers no title or ownership in the software and is not a sale of any rights in the software. BlackWire Marketing, LLC has been granted the right to resell the software through an arrangement with PSS. PSS is not required or responsible to provide support for this product. All BlackWire Marketing, LLC customers receive their support from BlackWire Marketing, LLC directly. PSS will not process refunds for the purchase of this software as it is a uniquely licensed product. BlackWire Marketing, LLC will replace any damaged physical versions of the product (CD, etc.) upon request of a licensed purchaser. The purchase of 90 Second Website Builder / Drag and Drop Site Builder may be refunded within 30 days of purchase less shipping and handling for physical product orders and less a licensing fee of $15.00 which is the non-refundable portion of the software purchase.
Limit of Liability
BlackWire Marketing, LLC is not, and will not, be held liable for any conduct associated with your use of this program, for your advertising activity, nor for any content posted using the 90 Second Website Builder / Drag and Drop Site Builder software.
The user must assume the entire risk of using the software. BlackWire Marketing, LLC is not to be held, and will not accept, any liability for any damages, direct or consequential, resulting from the installation or use of this software. This includes, but is not limited to, loss of stored data or loss of operational capability of the associated hardware and software systems.
BlackWire Marketing, LLC grants purchasers a license to use the Software. Users or license owners may not give non-license holders access to or permission to modify the software.
The Software is owned and copyrighted by Pablo Software Solutions (PSS) and/or its third party suppliers. Your license confers no title or ownership in the Software and is not a sale of any rights of the Software.
You may NOT transfer your usage rights under this EULA, (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), to any recipient.
These software/hardware systems are not to be used for presenting irrelevant, misleading or Illegal Activities. BlackWire Marketing, LLC reserves the right to cancel all product support and future updates without any monetary refund if you violate any of license agreements or terms and conditions.
BlackWire Marketing, LLC may terminate your license upon notice for failure to comply with any of these License Terms and Conditions. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions in any form.
It is your responsibility to check the computer system requirements and specifications prior to placing your order. 90 Second Website Builder is NOT compatible with Apple® Mac® OS. Drag and Drop Site Builder is NOT compatible with Microsoft® Windows® based PC’s
Affiliates and Commissions
A qualified affiliate is an affiliate that has been accepted into the 90 Second website Builder affiliate program and who has agreed to these terms. Qualified affiliates for 90 Second Website Builder earn a commission of 25% of the selling price of the software only - not including shipping fees, hosting fees, upgrades or discount sale/coupon offers. Affiliate payments are made to qualifying affiliates on or around the last calendar day of the month for sales up through the previous calendar month. If an affiliate's commission balance is under $100.00, the commission balances are rolled over into the next monthly cycle. Affiliates with commission balances of less than $100.00 may request a commission payment if their balance of less than $100.00 has been carried for 90 days or more. That request can be made via email by contacting: email@example.com or firstname.lastname@example.org Affiliate commissions that are generated falsely or by fraudulent means; and/or commissions that are generated by sales that are refunded are void and are not payable to the affiliate and are deducted from the account balance. Affiliate accounts that generate one or more fraudulent commissions by use of stolen credit card, or by falsely triggering commission reporting data, are subject to affiliate account closure and forfeiture of commission balances. BlackWire Marketing LLC reserves the right to terminate any affiliate account based on suspicious activity; whether it be inappropriate marketing (spam, etc.) or dishonest, illegal or fraudulent commission data reporting. Affiliates engaged in inappropriate, fraudulent, dishonest or illegal activity and/or marketing practices are subject to commission forfeiture and account closure.
Our licensing policy is extremely generous. While most licensed software is NON-refundable, we allow you to evaluate our software for a full month without any payment of any kind and we provide full access to all instructions and necessary video tutorials as well as use of the software for designing and publishing an unlimited number of website. However .... our refund policy is strictly enforced to minimize software theft and piracy and we enforce it according to the terms of agreement here:
All purchases and transactions include a NON-REFUNDABLE Software License Activation Fee of Fifteen Dollars ($15.00). Also, refunds are not given for shipping and handling costs. Damaged CD-ROMS can be replaced at no additional charge upon request.
Refund requests must be physically mailed in writing and postmarked within 30 days of the purchase date and sent to:
Black Wire Marketing LLC
1292 High St. - Suite 219
Eugene, OR 97401
Refund requests must include FULL NAME, Address, Activation Code and Registration Email and Method of Payment to ensure proper refund credit.
Refund requests MUST be postmarked no later than 30 days from the purchase date. All refund requests that are postmarked beyond 30 days of the purchase date are NOT valid and will not be refunded.
Refunds are not given for inability to meet hardware or software requirements for which the requirements are clearly listed on the website and instructions are provided. We provide thorough installation instructions in writing as well as visually (via video tutorial), and the buyer is responsible to follow these steps; buyer is responsible for the installation and activation of the software per said instructions.
NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BlackWire Marketing, LLC AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BlackWire Marketing, LLC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF AD SERVER SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.