1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The Your Paysite Service ("Service"), owned and operated by Entertek Online ("Entertek"), is provided to you ("Member") under the terms and conditions of this Your Paysite Terms of Service (YPTS) and any operating rules or policies that may be published by Entertek. The YPTS comprises the entire agreement between Member and Entertek and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CHOOSING "YES" IN THE "I AGREE TO THE TERMS AND CONDITIONS" FIELD, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE YPTS.
2. DESCRIPTION OF SERVICE
Entertek is providing Member with a capability to lease and operate his/her own adult internet site for profit with no initial cost to the member. After the credit card billing company transaction fee is deducted (14% of gross sales), all net income will be will be equally divided between the member and Entertek (split 7% and 7%). Entertek will provide and maintain all necessary content and services for the site's member's sections.
Member must: (1) be at least 18 years of age or older (2) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (3)provide for own access to the World Wide Web and pay any telephone service fees associated with such access. (4) promote his/her site through advertising, linking or other legal means of generating traffic to member's site. If member does not login to the Partners Administration Area for a term longer than 6 months after activation, the account will be reviewed and possibly removed from the system at Entertek's discretion. This is considered house-cleaning to free up outstanding unused resources. To insure all sales are legititmate, all earnings are held for a period of 30 days before payout. Members are paid once a month at 50-80%* of their earnings, after the 14% credit card processing/billing company's fee is accounted for, which is split evenly between YourPaysite.com and the member. This returns at a 43-73% payout to you. (*dependant on membership level)
In consideration for this Service, Member agrees to: (1) provide certain current, complete, and accurate information about Member as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data"). Furthermore, Member grants Entertek the right to disclose to third parties certain Registration Data about Member and Service membership in the aggregate; however, such disclosures will exclude Member's name, account and phone number, unless: (1) Member expressly directs Entertek, or any other person Member may specifically designate to disclose such information through the Service as provided by the Service or (2) Entertek is required to disclose such information by any applicable law or legal process served on Entertek.
If any information provided by Member is inaccurate, Entertek retains the right to terminate Member's membership and rights to use the Service.
3. MODIFICATIONS TO TERMS OF SERVICE
Entertek may change the terms and conditions of the YPTS from time to time. Upon any change in the terms and conditions of the YPTS, Entertek will notify you by posting the changes as a start-up screen prior to your subsequent use of the Service. If you agree to be bound by the changes, you must again click the "I Accept" button that will follow the posted changes. If you do not click the "I Accept" button, you may terminate your use of the Service at that time.
Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of the YPTS and its modifications; and (2) agreement by Member to abide and be bound by the YPTS and its modifications.
4. MODIFICATIONS TO SERVICE
Entertek reserves the right to modify or discontinue the Service with or without notice to Member. Entertek shall not be liable to Member or any third party should Entertek exercise its right to modify or discontinue the Service.
5. PRIVACY POLICY
Email is private correspondence between the sender and the recipient.
It is Entertek's policy to respect the privacy of its Members. Therefore, in addition to the privacy of registration data as discussed in Section 2 above, Entertek will not monitor, edit, or disclose the contents of a Member's private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Entertek; (2) protect and defend the rights or property of Entertek; or (3) act under exigent circumstances to protect the personal safety of its members or the public.
Member acknowledges and agrees that Entertek neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby obscene, harassing or offensive material.
Member acknowledges and agrees that certain technical processing of email messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements.
6. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time by following instructions.
Member agrees to immediately notify Entertek of any unauthorized use of Member's account or any other breach of security known to Member.
7. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Entertek EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ENTERTEK MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ENTERTEK MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
ENTERTEK MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM ENTERTEK OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
Entertek SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ENTERTEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. NO RESALE OR COMMERCIAL USE OF THE SERVICE
Member may not be a competing corporation or other competing business entity. Member agrees not to resell or make any commercial use of the Service or content provided, other than that of monthly access by individuals for private entertainment purposes without the express consent of Entertek.
10. EMAIL MESSAGE STORAGE AND OTHER LIMITATIONS
Entertek assumes no responsibility for the deletion or failure to store email messages.
Entertek has set no fixed upper limit on the number of messages a Member may send or receive through the Service; however, Entertek retains the right, at Entertek's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the YPTS and may terminate Service if a Member's conduct is found to be inconsistent with the YPTS.
Member can not use his/her account to send mass mailing or spam messages. Any complaints or notification to Enterek of such actions by member can result in immediate termination of member's account with no right to further income or proceeds generated by that account.
12. MEMBER CONDUCT
Member is solely responsible for maintaining the guest area that is publicly accessible from the World Wide Web. Enterek is not responsible for any copyright infringement or damages incurred by member due to text or images placed on the guest area.
Member's use of the Service is subject to all applicable local, state, national and international laws and regulations.
Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.
The Service makes use of the Internet to send and receive certain messages and data; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
Member shall not interfere with another Member's use of the Service.
Member shall continue to promote and maintain Service while this agreement is in effect. Any lifetime account that have not been logged into for a period of 1 year will be automatically reset to new account status. Long-term account inactivity shall be deemed as lack of participation and shall be cause for termination of this agreement and may result in the termination of your account.
Member shall not use the Service to transmit any material (by email, uploading, posting, or otherwise) that threatens through abusive language or encourages bodily harm or destruction of property. Member shall not use the Service to transmit any material (by email, uploading, posting, or otherwise) that harasses another. Member shall not use the Service to transmit any material (by email, uploading, posting, or otherwise) that slanders another.
Entertek may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these terms and conditions of the YPTS.
13. INDEMNIFICATION
Member agrees to indemnify and hold Entertek, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of this YPTS by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.
14. TERMINATION
Either Member or Entertek may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. Entertek shall not be liable to Member or any third party for termination of Service. Upon termination, member forfeits all rights and claims to any further income or profits generated by the member's site(s).
Should Member object to any terms and conditions of the YPTS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify Entertek of termination.
Upon termination of the Service, Member's right to use the Service and Software immediately ceases. Member shall have no right and Entertek will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.
15. NOTICE
All notices to a party shall be in writing and shall be made either via email or conventional mail. Entertek may broadcast notices or messages through the Service to inform Member of changes to the YPTS, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.
16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. Entertek assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
17. PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service ("Content") by Entertek or Entertek's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
18. LAWS
The YPTS shall be governed by and construed in accordance with the laws of the state of Florida, excluding its conflict of law provisions.
Member and Entertek agree to submit to the exclusive jurisdiction of the courts of the state of Florida.
If any provision(s) of the YPTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Entertek's failure to exercise or enforce any right or provision of the YPTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Entertek in writing.
Member and Entertek agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in the YPTS are solely used for the convenience of the parties and have no legal or contractual significance.
19. REFUND / CHARGEBACK POLICY
YourPaysite.com does not offer a money-back guarantee. If you visit our Screenshots Page and read our Features List you can see the complete program. Due to our valuable Marketing and Education centers, we can not offer a refund. If you need more questions answered you can always leave your contact info with one of our friendly customer support representatives using the Callback form or call our toll-free number 866-977-7483.
19. BILLING DESCRIPTOR
Your Credit Card will be billed as ENTERTEK , we recommend to print out all our transaction receipts for clear reference and back-up to your membership
ENTERTEK ONLINE, LTD
EM House, EM Road, London
E10 6ER
