GENERAL/OVERVIEW
Portal-mart.com registration is a paid membership service and limited to paid
members only. All information submitted to Portal-mart.com is not sold to third
parties advertisers. You must confirm your email addresses to be allowed to
proceed. Your postal address should also be deliverable and same as one where
you receive your paychecks and important letters. Any undeliverable email or
address will be deleted after 20 days of inactivity. Emails must be verified
as soon as possible to avoid loosing or forgetting important information. The
price for pro portal website should not be lower than $97.00.
Acceptable Use Policy (UAP)
SPAM, Unsolicited Bulk Email (UBE) and Unsolicited Commercial Email (UCE):
Portal-mart.com takes a zero tolerance approach to the sending of UCE, UBE or SPAM over our network or advertising portals using Spam. Portal-mart.com defines SPAM, UBE, or UCE as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender. Very simply this means that customers of Portal-mart.com may not use or permit others to use UCE, UBE or SPAM either using our network or other networks to advertise portals hosted by Portal shops or hosted elsewhere. Customers of Portal-mart.com may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties by federal and local government, including termination of service without notice.
Examples of activities that include SPAM include but not limited to: Any email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender. Forging any TCP/IP packet header or any part of the header information in any message. "Mail bombing" or sending numerous copies of the same or substantially similar message with whichever intentions you may have. Spamming Newsgroups: Any advertisements in newsgroups that bring about complaints. E.g. Yahoo! Groups, web logs, discussion boards, forums, etc. Any mail that is used to harass or intimidate others whether through language, frequency of messages, or size of messages. You must stop sending email to a person when they request removal.
Upon notification of an alleged violation of our SPAM policy, Portal shops L.L.C will initiate an immediate investigation. During the investigation, Portal shops may restrict customer access to the network to prevent further violations by suspending the offending account. If a customer is found to be in violation of our SPAM policy, Portal shops may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Portal-mart.com reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Portal shops will notify law enforcement officials if the violation is believed to be a criminal offense.
Other Activities
Engaging in any activity that, in Portal-mart.com sole and absolute discretion,
disrupts, interferes with or is harmful to (or threatens to disrupt, interfere
with or be harmful to) the Services, Portal-mart.com business, operations, reputation,
goodwill, customers and/or customer relations, or the ability of Portal-mart.com
customers to effectively use the Services is prohibited. In addition, the failure
to cooperate with Portal-mart.com in correcting or preventing violations of
this AUP is a violation.
In general, Portal-mart.com does monitor its customers' web sites or activities to determine whether they are in compliance with this AUP. If Portal-mart.com becomes aware of any violation of this AUP, Portal shops L.L.C may take any action to stop or correct such violation, including, but not limited to, shutting down a web site, denying access to subscribed Services, and/or removing information. In addition, Portal shops L.L.C may take action against a customer or a customer of such customer because of the activities of such customer. Portal-mart.com reserves the right to take any such action even though such action may affect other customers of the customer.
If an account has been suspended due to any abuse issue, Portal shops reserves the rights to activate it or deny access depending on our judgment.
Disclosure to Law Enforcement
Portal-mart.com may disclose any and all customer information including account
history, account use, assigned IP addresses, etc. to any law enforcement agent
who makes a written request or order to comply with a court order to assist
in any investigations, in order to protect Portal-mart.com or others from harm,
and/or to ensure the proper operation of our services without any consent or
notification to the customer. In addition Portal-mart.com shall have the right
to terminate all service set forth in this Agreement.
Service Rates
Customer acknowledges that the nature of the service furnished and the initial
rates and charges have been communicated to customer. Customer is aware that
Portal-mart.com may prospectively change the specified rates and charges from
time to time. The promotional offer is contingent upon Company achieving and
maintaining its cost of service goals including but not limited to rates charged
to company by its suppliers.
Payment:
All accounts are set up on a pre-pay basis. Any new accounts will be activated
after payment has been cleared. Setup fees charged on new accounts, fees assessed
due to account changes (e.g. account upgrades, addition of extra services, etc)
fees, are non-refundable. If Portal-mart.com fail to provide you with pledged
services within 30 days, we shall give a full refund of your money. Subscription
payments are applicable for the defined time and shall not be refundable after
such a period of time has started. Users who wish to cancel automated subscription
payment should do so SEVEN days before the beginning of the next billing cycle.
Once billing is cancelled, you MUST stop selling portal-mart.com products immediately.
All pricing is guaranteed for the term of pre-payment. Subsequent payments are
due on the same date each month for that month's service. Your account will
automatically renew after each payment. All payments are in U.S. dollars.
Payments and Fees
Service will be interrupted on accounts that reach 5 days past due. Accounts
not paid by due date are subject to suspension after 14 days. We reserve the
right to interrupt service, terminate unpaid accounts after 14 days.
Refund and Disputes
Portal-mart.com offers a 30-day money-back guarantee as mentioned under -payments-.
This does not include the non-refundable services mentioned above, and will
be null and void after the 30th day. Any overcharges or billing disputes must
be reported within 60 days of the time the dispute occurred.
Failure to Pay
Services may be temporarily denied, or this Agreement terminated, upon the failure
of customer to pay charges when due. The customer will still be held responsible
for the payment of all accrued charges, plus any collection fees if applicable.
Accounts with payments 14 days and above past due may be deleted without notice
to the customer.
How To Cancel An Account.
All requests to cancel any account must be done by contacting us. You must include
all relevant details including paypal e-mail address if payments were made through
paypal. If you delete your portal and fail to communicate to us to stop automated
billing, no refunds shall be made if billing has occurred. To cancel your account
you must notify us at least 7 days before the next billing period. No refunds
can be issued unless you are canceling your account within our 30-day day money-back
guarantee period. If this cancellation is within this time, allow 1-2 weeks
for your refund to be processed. Setup fees, account add-on services, domain
registration and any cancellation charges are always non-refundable. A refund
for recurring payments can only be issued if the cancellation is within 7 days
before the next billing period.
Any fees that are due before the cancellation will be assessed.
Liability For Damages
Customer acknowledges that the service provided is of such a nature that it
can be interrupted for many reasons other than the negligence of Portal-mart.com,
and that damages resulting from any interruption are difficult to ascertain.
Therefore, customer agrees that Portal shops L.L.C shall not be held liable
for any damages arising from such causes beyond the direct and exclusive control
of Portal-mart.com. Customer further acknowledges that in any event, Portal
shops L.L.C liability may not exceed an amount equivalent to charges payable
by customer for services during the period damages occurred. In no event shall
Portal shops L.L.C be liable for any special or consequential damages, loss
or injury.
INDEMNIFICATION
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS,
EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS
AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS
AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT
ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT
BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD
PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT
TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through Portal-mart.com including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that Portal shops L.L.C shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers on Portal-mart.com.
LINKS
Portal-mart.com may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Portal-mart.com has no control over such
sites and resources, you acknowledge and agree that Portal shops L.L.C is not
responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any content, advertising, products,
or other materials on or available from such sites or resources. You further
acknowledge and agree that Portal shops L.L.C shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content, goods or services
available on or through any such site or resource. Any copying, redistribution,
retransmission, display or publication of any content on Portal-mart.com is
strictly prohibited without the express written consent of Portal shops L.L.C
or its mode of operation. This material may be used only for internal, informational,
non-commercial purposes.
You agree that you will not use Portal-mart.com to compile any marketing lists of any kind without the express written consent of Portal shops L.L.C. The use of Portal-mart.com for any criminal purpose, or any other purpose that would violate any local, state, federal or international law, whether criminal or civil, is strictly prohibited. You may establish a hypertext link to Portal-mart.com from your World Wide Web site so long as the page containing the link properly attributes the linked site to Portal-mart.com and does not in any way imply Portal shops L.L.C sponsorship or endorsement of your site unless permitted by Portal shops LLC
Disclaimer of Endorsement
Reference herein to any products, services, processes, hypertext links to third
parties or other information by trade name, trademark, manufacturer, supplier
or otherwise does not necessarily constitute or imply its endorsement, sponsorship
or recommendation by Portal shops LLC. Portal shops LLC makes no representation
and is not responsible for the quality of the products and services provided
by Portal shops LLC featured in Portal-mart.com. The consumer should not construe
the inclusion in Portal-mart.com as an endorsement by Portal shops L.L.C of
any of the featured businesses, their products or services. Product and service
information are the sole responsibility of each individual vendor. The Portal
shops name and logo and other trademarks and trade names owned by Portal shops
may not be used in any commercial manner without prior written consent of Portal
shops L.L.C.
Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you.
E-mail, and telephone contacts are used, in that order of preference. A waiver
by Portal shops of any breach of any provision of this Agreement by customer
shall not operate as or be construed as a continuing or subsequent waiver thereof
or as a waiver of any breach of any other provision thereof.
Customer shall not transfer or assign this Agreement without the prior written consent of Portal shops L.L.C. Portal shops may assign Agreement at anytime without consent from or notice to customer. Portal shops reserves right to cancel customers rights under this contract at anytime without further obligation.
Portal shops takes no responsibility for any material input by others and not posted to the Portal shops' network by Portal shops. Portal shops is not responsible for the content of any other web sites linked to the Portal-mart.com ' Network; links are provided as Internet navigation tools only. Portal shops L.L.C disclaim any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
Portal shops L.L.C is not responsible for any damages your business may suffer. Portal shops does not make implied or written warranties for any of our services. Portal shops denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Portal shops.
EARNINGS AND INCOME DISCLAIMER
We make every effort to ensure that we accurately represent these products and
services and their potential for income. Earning and Income statements made
by our company and its customers are estimates of what we think you can possibly
earn. There is no guarantee that you will make these levels of income and you
accept the risk that the earnings and income statements differ by individual.
As with any business, your results may vary, and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. The testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual's success depends on his or her background, dedication, desire and motivation.
There is no assurance that examples of past earnings can be duplicated in the future. We cannot guarantee your future results and/or success. There are some unknown risks in business and on the Internet that we cannot foresee which can reduce results. We are not responsible for your actions.
The use of our information, products and services should be based on your own due diligence and you agree that our company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products and services.
Faithfully
Gregory Mburu