1) Hosting Setup Fees including, but not limited to, additional programming are nonrefundable.
2) Failure to pay according to contract terms may result in termination or suspension of services without notice.
3) If you cancel your service you will be refunded the prepaid fees for any unused month, once those services are no longer being provided, not including setup fees, if you have a contract, the terms of the contract apply. If you cancel your service, but fail to transfer your site(s) to another provider and continue to utilize our hosting network you will be billed until such time that you are no longer utilizing our services. If you wish services to cease immediately, you must request that our services be discontinued immediately.
4) The use of any data or material, which Customer receives from the service provided by Mannix Marketing, Inc., is at Customer’s sole and absolute risk. Mannix Marketing, Inc. specifically disclaims and denies any responsibility for the completeness, or accuracy of quality of any and all information obtained through the services to be provided hereby.
5) Mannix Marketing, Inc. will utilize its best efforts to maintain acceptable performance of services, but Mannix Marketing, Inc. makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Mannix Marketing, Inc. cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its network or via the Internet. Mannix Marketing, Inc. will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. Mannix Marketing, Inc. shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non deliveries, or service interruptions whether or not caused by the fault or negligence of Mannix Marketing, Inc..
6) Clients will not attempt to hire Mannix Marketing, Inc. personnel. Any hiring, or offer of employment entitles, but does not require Mannix Marketing, Inc. to immediately cancel the performance period of this agreement. If, during the term of, or within (18) months after the termination of the performance period of this agreement, buyer hires directly, or indirectly contracts with any of seller’s personnel for the performance of systems engineering and/or related services hereunder, buyer agrees to pay to the seller 60% of either the new annual compensation payable to such personnel or the fees paid to, or in favor of such personnel for one (1) year after such personnel separates from service with seller, whichever is applicable, as liquidated damages.
7) Customer agrees that it shall defend, indemnify, save and hold harmless Mannix Marketing, Inc., its agents, its customers, servants, officers, employees from any and all demands, liabilities, losses, costs, claims, including reasonable attorney’s fees, arising out of any injury to person or property caused by any products sold or distributed in connection with Mannix Marketing, Inc.’s Server, that may arise or result from any services provided, performed or agreed to be performed, including, without limitation, claims alleging defective products were sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Mannix Marketing, Inc., against all claims that material supplied by Customer infringes, or allegedly infringes, on the rights of a third party; including, without limitation claims of copyright infringement and which Customer sold on Mannix Marketing, Inc.’s Server. Mannix Marketing, Inc., represents that any artwork and/or copy it supplies to Customer will not infringe any third party’s rights. Customer agrees that Mannix Marketing, Inc. shall not be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of Mannix Marketing, Inc. Customer’s exclusive remedies for damages, losses and all causes of actions shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement.
8) The Customer may only use Mannix Marketing, Inc.’s services for lawful purposes. In the event that at any given time, Mannix Marketing, Inc. believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, Mannix Marketing, Inc. has the right to immediately discontinue such service to Customer without liability other than to refund any unearned prepaid service fees. The following are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice to the Customer:
a. Unauthorized distribution or copying copyrighted software, violation of US export restrictions, embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities; Offering for sale or soliciting e-mail lists for the purposes of bulk e-mail.
b. Unsolicited advertising via email and/or ‘Spamming’ is a violation of this agreement. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice. Mannix Marketing, Inc. reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
c. Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person’s permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. Mannix Marketing, Inc. reserves the right to determine what is Net abuse;
d. Tortious conduct such as posting of defamatory, libelous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights;
e. The Customer expressly understands and agrees that illegal Adult oriented Websites are expressly prohibited. Mannix Marketing, Inc. reserves the right to immediately terminate and remove any such unauthorized Websites without notice and discontinue service to Customer without notice or liability for actual, compensatory or consequential damages to Customer for the interruption in service.
f. MUDDS, Listservers or any other Internet application that are not Website specific, are specifically prohibited.
Force Majeure: 1. Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. 2. Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused (I) by causes beyond that party’s reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
9) Project Management Fee
For websites, your project costs are based on a timeline (per site) with a monthly project management fee that is based on the size and
complexity of the site. The estimated timeline is initiated at the project launch meeting and extends to the website launch.
During the website build, you will work closely with our project manager to complete your website in this timeframe. This project cannot be completed without content and review milestones from you and as a result, you will be given deadlines for providing that content and feedback.
These deadlines are a crucial part of us staying on timeline. Should the project exceed the estimated timeline (per site) due to missed deadlines on the client’s part, the project management fee will be applied and will continue to be invoiced each month while the project remains in development.
Opt-in or Out of Reviews: You are automatically opted-into reviews. You can opt out anytime by calling or emailing us. We highly recommend that you stay in reviews and manage them as we’ve developed this system to counter the national review sites.
We will do everything we can to protect the businesses listed on this site from fraudulent submissions that affect ratings and rankings. In the rare case that we find a fake review, we will remove it.
- We limit reviews to one per six months per reviewer per business
- When proven false, we remove reviews quickly; this was done in many cases over the past year.
- We notify you, the business owner via email of anything less than satisfactory, so you can respond immediately, a quick “owners response” is critical to managing a good reputation.
- We have a 48-hour hold on negative reviews to allow your business time to read the review and report inaccurate or false reviews before they are automatically posted.
*See sample email notification of a negative review below:
We will remove reviews containing:
- Profanity or threats
- Personal insults
- Reports of violent criminal activity
- Commercial e-mail addresses or phone numbers
- Text entirely in ALL CAPS
- Content not relevant to the business
- Or any other review we feel is inappropriate
- One review per situation
Rules are subject to change.
*Sample Review Email for Reviews with 2 stars or less:
Thank you for advertising on LakeGeorge.com. Someone has posted the above review of your business.
As of this message, the above review has NOT yet been posted, but it is scheduled to be posted within 48 hours.There is a 48-hour hold on negative reviews (2 stars or less), and we send you a copy before it gets published. We do this to give your business the opportunity to read the review and prepare a response before it gets published or report the review if it violates our terms (details below).
If you decide to manage your LakeGeorge.com reputation, please do the following:
a. Post an immediate public response using the link above. Imagine the person is in a large room with thousands of people and stated that complaint. How would you respond? Courteously address the issue, explain why the situation happened and paint a rosy picture.
b. Solicit positive reviews from real customers and regular clients. Learn how you can overpower a negative review with positive ones.
We can remove reviews if they are fraudulent or fake, or if they contain any of the following: profanity or threats, personal insults, reports of violent criminal activity, commercial e-mail addresses or phone numbers, text entirely in ALL CAPS, hearsay or content not relevant to the business. If you believe the above review violates our terms of service, let us know within 24 hours, and if we can confirm that it is a violation of our terms, we will remove the review. If you wish to report the above review, please fill out the form here.
If the above review does NOT violate our terms of service, let us know within 24 hours and send information that proves it is a violation of our terms. You have a choice to make… whether you want to manage your reputation on LakeGeorge.com, which is optional, or risk managing your reputation on national reviews sites, which is notoptional. We strongly recommend you opt to manage your reputation on our local site, which allows you at least some level of control. Here is a link to an article that explains how to manage your online reputation. We also suggest that you take a look at reviews of your business on Yelp, Yahoo Travel, TripAdvisor, Google Local and Angie’s List.
Mannix Marketing, Inc. will not be responsible for any damages your business may suffer. Mannix Marketing, Inc. makes no warranties of any kind, expressed or implied for services we provide. Mannix Marketing, Inc. disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Mannix Marketing, Inc. and its employees. The services provided by Mannix Marketing, Inc. are provided AS-IS and without any warranty expressed or implied. Mannix Marketing, Inc. reserves the right to revise its policies at any time.