Terms of Service
The following are the terms
and conditions for use of the SEO Services ("Service")
provided to you ("Client") by Seobay.com (Seobay) through the website www.seobay.com and any other
websites we own.
You are requested to read
these terms and conditions ("Terms") carefully before you use the
services of this site. By using the Site, you agree to follow and be
bound by the following terms and conditions concerning your use of the
If you do not agree to these
Terms of Service do not subscribe to or use the Service.
To register for the Service,
you must complete the registration process by providing us with
current, complete and accurate information as prompted by the
Registration Form, including e-mail address (username) and password.
Furthermore, you are entirely responsible for any and all activities
that occur under your account. You must accept and agree to the
separate Terms of Service set forth elsewhere on the Site.
Seobay hereby grants
you a non-exclusive license to use this Service. You may not: (1)
modify, translate, or create derivative works based on the Service, or
permit other individuals to so; (2) rent, lease, transfer or otherwise
transfer rights to the Service; (3) use a single account for multiple
Seobay and its
affiliates will not be held responsible for changes in the search
engine which effect the Service performance or functionality; however,
every effort will be made to make updates available to all customers.
The customer agrees to verify
the changes made by the Service, and Service harmless from any
consequential or direct damages due to a malfunction of the software.
FEES AND SERVICES
(i) Unless otherwise stated,
all fees are quoted in U.S. Dollars. You are responsible for paying all
fees associated with using our Service and our Site.
(ii) If you are enrolled in a
trial period, the billing shall begin immediately once the trial period
has ended, unless you cancel the Service on or before the trial period
ends. We automatically charge your account in advance for use of the
Service, at the beginning of the initial term and subsequent renewal
(iii) The renewal charge will
be equal to the then-current service order, unless Seobay has given you
at least 30 days notice of the fee changes by posting the changes on
our web site. The fee change shall be effective upon renewal and
thereafter. Fees for other services will be charged on an as-quoted or
(iv) You authorize Seobay to
charge your credit card for any and all charges associated with your
account. We reserve the right to either suspend or terminate your
account with Seobay for failure to pay or refused credit cards. Any
outstanding balance becomes immediately due and payable upon
termination of this agreement for any reason and any collection
expenses (including attorneys' fees) incurred by Seobay will be
included in the amount owed.
(v) All Account Charges are
NON-REFUNDABLE. By accepting the Seobay services, the client gives up
any right for a refund, whatsoever.
The Service is available to a
Client through the Seobay website. Client understands and agrees that
Seobay may alter, suspend or discontinue all or any portion of the of
the Site and/or the Service(s) at any time for any reason, without
notice, cost or liability. Client also understands and agrees that from
time to time the Site and/or the Services may be inaccessible,
unavailable or inoperable for any reason.
Client, at its sole cost and
expense, shall be solely responsible for providing, maintaining and
ensuring that all hardware, software, electrical and other physical
requirements for Client’s use of the Site and the Services,
including, without limitation, telecommunications and internet access
connections and links, web browsers, bandwidth or other equipment,
programs and services required to access and use the Site and the
Services, are compatible with the Site and the Services.
The Client’s right
to privacy is extremely important to Seobay. Any information provided
by the Client will not be shared with any third party. Seobay reserves
the right to use the information to provide the Client a more
personalized online experience.
All content present on this
site is the exclusive property of Seobay.com
Title, ownership rights, and intellectual property rights in and to the
Service shall remain with Seobay. All copyrights, trademarks, service
marks and other intellectual property rights (collectively referred to
as the “Content”), is the property of Seobay and is
protected by intellectual property laws and international intellectual
This License gives you no rights to such content.
Seobay may terminate
your account at any time and for any reason. This agreement will
terminate automatically if you fail to comply with the limitations
described in these Terms. The term of this Agreement shall continue in
accordance with the period of time you selected during the order
process (1 month). This Agreement shall automatically renew (subject to
then current pricing and then current Seobay terms and conditions)
unless terminated by either party by giving written notice of
termination (email) at least 10 business days before the expiration of
the current term.
DISLAIMER OF WARRANTIES
THIS SITE AND THIS SERVICE(S)
ARE PROVIDED ON AN "AS IS" BASIS. USE OF THE SITE AND THE SERVICES IS
AT USER’S SOLE RISK. Seobay DISCLAIMS WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
ACCURACY, OR IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE OR
COURSE OF CONDUCT AND WE DISCLAIM ANY WARRANTY REGARDING THE
AVAILABILITY, ACCURACY OR CONTENT OF THE SITE, SERVICES, AND/ OR
INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE AND/OR
SERVICES, OR ANY ECONOMIC BENEFIT YOU MAY GAIN FROM USE OF THE SITE
AND/OR SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED
WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
DEVELOPER WILL NOT BE LIABLE
TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER BASED ON A
CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR
OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR
OTHERWISE, EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY
REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE
FOREGOING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT
APPLY TO YOU.
This Agreement shall be
governed by the laws of the state courts of Mumbai, India.
By purchasing our Service
and/or by signing up to use our services you have indicated your
acceptance of this agreement including its terms and conditions.