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VIP Reseller Partner Terms and Conditions Agreement
1. VIP Reseller Partner Terms and Conditions Agreement and Operating Policy. Information Technology Solutions Group Inc. services are provided by "itsgroup.org" ("itsgroup.org" or "we") to you ("VIP" or "you"), subject to the terms of this Agreement and itsgroup.org operating policy, which is incorporated herein and referred to as the "VIP Operating Policy" or "VIPOP" and shall be collectively referred to as "VIPA." The VIPA may be accessed by http://www.itsgroup.org/vipagreement.htm. The VIPA comprises the entire agreement between itsgroup.org and you, and supersedes any prior agreements between you and itsgroup.org with respect to the subject matter of the VIPA. itsgroup.org may revise the VIPA at any time, and such revision shall be effective ten (10) days after notice of the proposed revision is posted on the VIP Bulletin Board. You agree to review the VIPA periodically to be aware of such revisions. If any such revision is unacceptable to you, you may terminate your VIP status with itsgroup.org as provided in Section 9 below. Your continued use of your itsgroup.org Web site following the Effective Date of any such revision to the Terms and Conditions Agreement shall be conclusively deemed as your acceptance of all such revisions.

2. Account Info. YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD. You are entirely liable for all activities conducted on or through your Web Site and e-mail alias. You agree to provide itsgroup.org with accurate, complete, and updated information, and to notify us promptly of any changes in such information. Please notify us at resellers@itsgroup.org It is your responsibility to keep your information current with us. All important notices are sent via e-mail and not receiving these documents due to an invalid e-mail address will not be deemed a valid excuse for any reason. Failure to provide itsgroup.org with accurate, complete, or updated information shall constitute a breach of this Agreement and unauthorized access to any of the itsgroup.org servers, and may result in immediate termination of your account and subject you to civil and/or criminal liability. You may not select or use a user name of another person (unless it is also your name), a name in violation of the intellectual property rights of a third party, or a domain name that itsgroup.org deems offensive or otherwise inappropriate. Additionally, you may not use your domain name in violation of VIPA or in ways deemed inappropriate by itsgroup.org (e.g. employing misleading advertising or unfair or deceptive acts or practises)All Customer Domains MUST be registered in the Customer's name, Company, and correct Company Address.

3. Charges. You are responsible for all charges associated your VIP account. Any charges made for supplies, domain names or other services/products are your sole responsibility.

4. Rights and Responsibilities. Rights. You acknowledge that (i) itsgroup.org permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Rights"), and (ii) that these Rights are valid and protected in all media existing now or later developed and (iii) except as is explicitly provided otherwise, your use of Content shall be governed by applicable copyright and other intellectual property laws. (See VIPOP for details.) Conduct and Communication. itsgroup.org may elect at its sole discretion to monitor some, all or none of the activities of VIP's for adherence to the VIPA. You agree to use itsgroup.org only for lawful purposes. Any conduct by an VIP's  that in itsgroup.org sole discretion restricts or inhibits any other VIP's , Subscriber, person or entity from using or enjoying itsgroup.org or another service will not be permitted and shall entitle itsgroup.org to immediately terminate VIP account status without notice. (See the VIPOP for examples of prohibited conduct). itsgroup.org reserves the right to protect its VIP's and the itsgroup.org service from offensive email communication including but not limited to the right to block mass email solicitations (i.e. junkmail.)

5. International C&S/Internet. (a) International Areas. Your access to and use of the International C&S will be governed (in addition to this Agreement) by separate terms and operating policies which conform to appropriate national laws and customs. (b) itsgroup.org retains the right but not the obligation, in its sole discretion and without prior notice or liability, to limit the distribution within the itsgroup.org Service of emailers' unauthorized mass email solicitations.

6. itsgroup.org Software/Screen Name Licenses. itsgroup.org grants you a non-exclusive, limited license to use the software through which you access itsgroup.org ("itsgroup.org Software") only for use in connecting to your itsgroup.org server from authorized locations in accordance with this Agreement.

7. NO WARRANTY. VIP EXPRESSLY AGREES THAT USE OF itsgroup.org, itsgroup.org SOFTWARE, itsgroup.org EMAIL SERVICES AND IS AT VIP's SOLE RISK. itsgroup.org, itsgroup.org EMAIL SERVICES AND itsgroup.org SOFTWARE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. ITS Group Information Technology'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF itsgroup.org . itsgroup.org LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE AMOUNT PAID BY YOU TO ACCESS AND USE itsgroup.org BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES itsgroup.org LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

8. Indemnification. Upon request of itsgroup.org, VIP agrees to defend, indemnify and hold harmless itsgroup.org, its affiliated companies, licensees, telecommunications providers, and ICPs from all liabilities, claims and expenses, including attorney's fees, arising from breach of the VIPA by use of, or in connection with, the transmission by or through VIP's Account of any Content on itsgroup.org itsgroup.org reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by VIP hereunder, and in such event, VIP shall have no further obligation to provide indemnification for such matter.

9. Termination. Either VIP or itsgroup.org may terminate VIP's account at any time. itsgroup.org can only terminate VIP's account for breach of any part of this agreement. Terminated VIP's are not entitled to any residual commissions after the effective date of termination. VIP's notice of termination will be effective upon receipt by itsgroup.org In the event that an VIP's account is terminated or canceled, no refund of any fees, including domain name or supplies costs, will be granted and any time credited to VIP's account(s) is not convertible to cash or other form of credit.

10. Commissions are paid on the second Friday of every month and sent our via regular mail. itsgroup.org will hold all funds until your check amount reaches a minimum of $50.00. You can set this amount higher if the cost of cashing U.S. checks is high, or for any other reason. Commission checks that are not received by the VIP can be re-sent only after the first day of the following month. Such requests should be directed to sales@ITsGroup.org. VIP's must maintain two or more accounts ordered under their VIPID to continue to get commissions and or discounts on servers. Commissions are not paid for suspended or cancelled accounts, even if a customer pays all past due charges. To ensure accounts are not suspended, VIP's can view the status of their accounts at any time, from the Account Executive Sales / Support Area. It is recommended, but not required, that the VIP follow up on these past due charges. itsgroup.org does not suspend/cancel accounts until payments are 30 days behind. For this month, VIP's are paid commissions whether the past due invoices are paid or the account is cancelled. VIP's that offer discounts to customers by waiving or refunding part of their commissions are subject to immediate termination, with the exception of the server setup fee for virtual servers.

11. Law. To the extent of any conflict between this agreement and the VIPOP, this agreement shall take precedence. Should any part of the VIPOP be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions remain in full force and effect. The VIPOP and your ViP status shall be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules. VIP expressly agrees that exclusive jurisdiction for any claim or dispute resides in the courts of the Commonwealth of Massachusetts. VIP further agrees and expressly consents to the exercise of personal jurisdiction in the Commonwealth of Massachusetts in connection with any dispute or claim involving ITS Group Information Technology.

12. VIP customer accounts. VIP's that are also customers must remain in good standing with all open accounts.  Past due invoices not paid can result in VIP status being revoked and/or deduction from future commissions.

VIP Reseller Operating Policy (VIPOP)

1. General

A. This Operating Policy ("Operating Policy" or "VIPOP") sets forth how itsgroup.org, Inc. will operate the itsgroup.org ( brand interactive service and how authorized VIP's may use itsgroup.org This VIPOP will also explain many practical aspects of using itsgroup.org Please read this document carefully and refer to it as often as necessary. You should also read and refer to the VIP Reseller Partner Agreement (the "VIPA"). This document, and the VIPA, are all of the applicable itsgroup.org Account Executive / Alliance Partner rules ("itsgroup.org VIP Rules"), and comprise the entire agreement between you and itsgroup.org with respect to itsgroup.org You can view the VIPA or this VIPOP on itsgroup.org at any time. Unless the context requires otherwise, terms used in the VIPOP have the meanings given in the VIPA.

B. We believe that our itsgroup.org VIP Rules will enhance itsgroup.org efforts to make itsgroup.org informative, entertaining and enjoyable for everyone.. We have tried to explain clearly our itsgroup.org VIP Rules, but if any aspect of the itsgroup.org VIP Rules are unclear, we welcome your comments. We hope that our itsgroup.org VIP Rules will foster an online community where there is both free exchange of ideas and information, and respect for individual and community rights.

2. Using itsgroup.org

A. Your itsgroup.org Account.

(i) YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO REGISTER FOR itsgroup.org AND OBTAIN AN VIP ACCOUNT. In cases where you have authorized another individual, including a minor, to use your account, you recognize that you are fully responsible for the online conduct of such user, and for controlling the user's access to and use of itsgroup.org, and for the consequences of any misuse, and that the holder of the VIP's Account(s) is entirely responsible for activities conducted through those accounts (see Section 2 of the VIPA).

(ii) You are responsible for maintaining the confidentiality of your password and are liable for any harm resulting from disclosing or allowing disclosure of any password or from use by any person of your password to gain access to the VIP Account(s). Therefore, for security purposes, we recommend that you change your password often. (You can do this by entering the "Change Your Information" section in the VIP's Only area.) At no time should a VIP ever respond to an online request for a password. Employees or representatives of itsgroup.org will never ask for a VIP's password online. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR VIP ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES TO THOSE ACCOUNTS.

(iii) VIP shall pay in addition to any charges, all sales, use, value-added, personal property or other governmental tax or levy imposed on the goods or services billed to his/her VIP Account(s), other than taxes based on net income or profits of itsgroup.org If the payment method for any service or product is by credit card and payment is not received by itsgroup.org from the card issuer or its agents, you agree to pay all amounts due upon demand by itsgroup.org Your card issuers agreement governs your use of your designated card in connection with itsgroup.org, and you must refer to such agreement and not this Agreement with respect to your rights and liabilities as a cardholder. You agree that itsgroup.org may, at its option, accumulate charges incurred during your billing cycle and submit them as one or more aggregate charges during or at the end of each cycle for EFT from your checking account or credit card as applicable, meaning that accumulated charges may appear on the statement you receive from your bank or card issuer. Further, you agree that itsgroup.org may delay obtaining authorization from your card issuer until submission of the accumulated charges. If itsgroup.org does not receive the full amount of your itsgroup.org account balance within thirty (30) days of the invoice date, an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge will be added to your bill and shall immediately become due and payable. VIP shall also be liable for all attorney and collection fees arising from itsgroup.org efforts to collect any unpaid balance of your Account(s). Unless you notify itsgroup.org of any discrepancies within 90 days after they first appear on your account statement, they will be deemed acceptable by you for all purposes, including resolution of inquiries made by your card issuer. You release itsgroup.org from all liabilities and claim of loss resulting from any discrepancy that is not reported to itsgroup.org within 90 days of its publication.

B. Online Conduct.

(a) Any conduct by you that in itsgroup.org discretion restricts or inhibits any other VIP or Subscriber from using or enjoying itsgroup.org will not be permitted and may result in termination of VIP status. You agree to use itsgroup.org only for lawful purposes. You may not use itsgroup.org to:

(1) harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another VIP or user of itsgroup.org or other person or entity, (2) post or transmit sexually explicit images or other content which is deemed by itsgroup.org to be offensive, (3) transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable Content, (4) impersonate any person, including but not limited to, an itsgroup.org official or an ICP, forum leader, guide or host, or communicate under a false name or a name that you are not entitled or authorized to use, (5) post or transmit chain letters or pyramid schemes, (6) post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other VIP's , individuals or entities, except in those areas (e.g., the classified areas) that are designated for such a purpose, (7) violate any operating rule, policy or guideline of any other interactive service, including but not limited to the operating policies of the International Areas, or (9) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law.

(i) Offensive Communication. itsgroup.org is a community-oriented service composed of many different communities of people. Our goal is to provide an interesting, stimulating and fun place for all VIP's. Using vulgar, abusive or hateful language undermines this goal and is not allowed. Please use your best judgment and be respectful of other VIP's. Remember, there may be children online. If you use vulgar, or abusive language online, even if masked by symbols or other characters, you may, in some cases be terminated immediately. A warning indicates that your language is not in compliance with the VIPA or VIPOP. Should you receive such a warning, take the time to read the itsgroup.org VIP Rules again, comprising the VIPA and this VIPOP which you will find posted in the VIP main area.

(ii) Harassment. When an VIP targets another individual or entity to cause distress, embarrassment, unwanted attention, or other discomfort, this is harassment. itsgroup.org does not condone harassment in any form and may suspend or terminate the accounts of any VIP who harasses others. You may have a disagreement with someone's point of view - we encourage lively discussion in our chat rooms and message boards but personal attacks, or attacks based on a person's race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation, are prohibited. If you have a disagreement with someone's point of view, address the subject, not the person.

(iii) Graphic Files. itsgroup.org prohibits the transfer or posting on itsgroup.org of sexually explicit images or other content deemed offensive by ITS Group Information Technology.  In addition, any VIP involved in the distribution of adult material (see http://www.itsgroup.org/adult.html for definition of "adult material") either via the Internet or any other means can and will be terminated.

(iv) Impersonation. This can involve the portrayal of another person or entity, such as the impersonation of itsgroup.org staff, authorized Guide or Host, or communication under a false name or a name that you are not authorized to use. VIP's must avoid the portrayal of itsgroup.org personnel or others persons in all forms of online communication, including, but not limited to, screen names, VIP profiles, chat dialogue and message postings.

(v) Room Disruption. This includes purposefully interfering with the normal flow of dialogue in a chat room. Room disruption may occur by repeatedly interrupting conversation between VIP's , or by acting in such a way as to antagonize, harass or create hostility in a chat room or bulletin board.

(vi) Chain Letters and Pyramid Schemes. Transmission of chain letters and pyramid schemes of any kind is not allowed on itsgroup.org This material places an unnecessary load on our electronic mail ("email") system and is considered a nuisance by many VIP's . Certain chain letters and pyramid schemes are illegal. Letters or messages that offer a product or service based on the structure of a chain letter are also of questionable legality. At minimum, they are a waste of resources and are not permitted on ITS Group Information Technology.

(vii) Advertising, Solicitation and Name Harvesting. We are proud to have a strict "anti-spamming" policy. Although the U.S. courts have yet to deem spamming as illegal, it is a definite violation of itsgroup.org policy and is cause for immediate termination. You may not use itsgroup.org to send unsolicited advertising, promotional material, or other forms of solicitation to any other itsgroup.org VIP except in those specified areas that are designated for such a purpose (e.g., the classified area) unless you receive the express permission of the VIP. You may not use itsgroup.org to collect or "harvest" screen names of other VIP's without the express prior permission of the VIP. itsgroup.org reserves the right to block or filter mass email solicitations on or through itsgroup.org In addition, you a) may not use your itsgroup.org alias to send such solicitations b) may not use your domain name or itsgroup.org URL, any sites (names, URL's or IP addresses) belonging to itsgroup.org, or the itsgroup.org name in any bulk e-mail solicitations you choose to participate in anywhere on the Internet.

C. Content.

You recognize that communication over itsgroup.org often occurs in real-time, or is posted on one of ITsgroup's many message boards or libraries, and itsgroup.org cannot, and does not intend to, screen communication in advance. Moreover, because itsgroup.org encourages open and candid communication, it cannot determine in advance the accuracy, or conformance to the itsgroup.org VIP Rules, of Content transmitted on itsgroup.org itsgroup.org is not responsible for screening, policing, editing, or monitoring such Content. If notified of Content which is alleged not to conform to the itsgroup.org VIP Rules, itsgroup.org may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Content from itsgroup.org itsgroup.org shall have no liability or responsibility to you in respect of its performance or non-performance by itsgroup.org of such activities, as long as it has acted in good faith.

All Content is protected by copyright pursuant to U.S., international conventions, and other copyright laws as a collective work and/or compilation, and itsgroup.org owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided below), create derivative works from, distribute, perform, display or in any way exploit, any of the Content, in whole or in part; provided that if no specific restrictions are applied directly or indirectly in relation to a particular item of Content, you may make a reasonable number of copies of such item, including copyright material, provided that the copies are made and used only for your personal use and that you ensure that any notices contained in the Content such as all copyright, trademark, and other proprietary rights notices are reproduced in an unmodified form in all such copies.

You may upload to message boards or otherwise transmit on or through itsgroup.org only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Domain Content"), or Content in respect of which the holder of any copyright, trademark or other proprietary rights ("Rights") has given express authorization for distribution on itsgroup.org without any restriction whatsoever, and in respect of which any moral rights of any person or entity have been completely and irrevocably waived. Any copyright Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of the owner]; Used by Permission." The unauthorized submission of copyright or Content which is otherwise subject of any third party Rights constitutes a breach of the itsgroup.org Rules and may also render you liable to the holder of such Rights. Remember you, not itsgroup.org or its affiliates or independent contractors (such as "ICPs"), are exclusively responsible for any liability resulting from infringement of Rights arising from such submission or transmission.

By submitting Content to any "Public Area" (Public Area(s) are those areas of itsgroup.org that are generally accessible to other VIP's , such as public chat rooms, message boards, and file uploads) you are deemed automatically to grant and/or warrant that the holder of any Rights or Moral Rights in such Content has completely and effectively waived all such "moral rights" and expressly, validly and irrevocably granted to you the right to grant itsgroup.org the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any Rights that may exist in such Content. You also permit any VIP to access, view, store and reproduce the Content for personal use. Subject to the foregoing, the owner of Content placed on itsgroup.org retains any and all rights which may exist in such Content.

The export control laws of the United States and other jurisdictions regulate the export and re-export of certain technology. This includes the electronic transmission of certain information and software to particular foreign countries and foreign nationals. You agree to abide by these laws including but not limited to the United States Export Administration Act, Arms Export Control Act and their implementing regulations and not to transfer, by electronic transmission or otherwise, any Content derived from itsgroup.org which is governed by or regulated under such laws to a national or a destination prohibited or restricted under such laws without first obtaining any required governmental authorization. You further agree not to upload to itsgroup.org any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of the Agreement. In addition, because U.S. export control laws currently prohibit nationals of Cuba, Iran, Libya, North Korea and Syria from gaining access to certain Content on itsgroup.org, nationals of these countries currently may not legally use itsgroup.org servers.

H. Legal Notices

Thank you for reading the itsgroup.org Terms and Conditions Agreement and for referring to it for any updates. We believe that your familiarity with these Rules will greatly enhance your experience on the itsgroup.org service and will make itsgroup.org an informative, entertaining, and fun place for all our VIP's. We have tried to explain clearly our terms, but if any aspect remains unclear, please do not hesitate to contact us. Our aim is for the VIPA to foster an online community where there is both free exchange of ideas and information, and respect for individual and community rights. We hope you will enjoy your time with itsgroup.org as much as we do!

* Have any questions please give our sales team a call today 1-780-701-7282 or e-mail Sales

 
 

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