This My Social Marketing Network, LLC (“My SMN”) User License Agreement (“Licensing Agreement”) is by and between My SMN, LLC (or any affiliate companies and/or acronyms) a/an Wyoming Corporation, and you, your heirs, assigns, agents and contractors (“You”) and is made effective as of the date of electronic, written, verbal, or any other means of communicable execution. This Agreement sets forth the terms and conditions of Your use of My SMN website and Social Marketing Network or Products and packages offered to You and represents the entire Licensing Agreement between You and My SMN. By using My SMN servers, network, and platform of products, You acknowledge You have read, understand and agree to be bound by all the terms and conditions of this Licensing Agreement, and the Universal Terms of Service, along with any new, different or additional terms, conditions or policies which My SMN may establish from time to time.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You’ve established with My SMN, whether or not the transactions were in Your behalf. You access password and pin number can be used by Your Agent(s) and you are bound to those transactions entered into on Your behalf by anyone acting as Your Agent.

My SMN grants You a non-exclusive license to use www.mysocialmarketingnetwork.com or simwebsitelaunch.com/mysmn or any domain/URL affiliated with My SMN (the “Application”) for the purpose of designing and publishing social media and social networking sites for use on the Internet, and other such site design purposes as are ordinary and customary. You are free to use My SMN on any computer, but the same project may not be modified on more than one (1) computer at one time. You may customize or modify the appearance of your Social Media/Networking sites as provided and allowed by the instructions. You shall not port, reverse engineer, reverse assemble, reverse compile the Application, or otherwise attempt to derive source code from the Application. You shall not alter, modify or change the Application or the source code underlying the Application in any respect. This Agreement, and the license granted to You under it, will terminate immediately if You are in breach of any of the terms of this Agreement. In the event of termination, You must immediately stop using the Application. You may not copy, sell, sublicense, assign or redistribute the Application. My SMN’s attorneys and licensors shall have the right to enforce the terms of this Agreement against You.

My SMN is an online social media/networking customized or turn-key preparation company which is designed to assist You in creating, building, managing, and promoting your social media sites for use on the Internet. Using My SMN will give You the ability to personalize, customize and design Your social media and networking sites to suit Your individual needs.

You agree that Your use of such images on your social media sites are 100% yours to use and re-publish. All content published on any social media site must adhere to each Social Media company’s individual site policies regarding images and content. If you violate their terms, your content will be immediately removed and/or replaced with suitable content to stay compliant with policy and procedure.

You are responsible for ensuring Your social networking sites conforms to all local, state, federal, and international laws. Further, You are responsible for securing permission to use any copyrighted, trademarked or otherwise legally protected images, text, or other web site elements that are not provided by My SMN. You affirmatively acknowledge My SMN is relying on Your representation concerning Your proper use of all content on any web site You create or control. Moving Your social media site from one hosting server or provider to another is Your responsibility. My SMN will not transfer or FTP Your web site to another hosting provider.

You acknowledge You are bound by the My SMN and Dedicated Server Service Agreement (“Hosting Service Agreement”) for the hosting and complete control over all Social Media and Networking sites that My SMN has created, and/or built, and/or managed, and/or promoted, which is hereby incorporated by reference. You agree to be bound by the terms and conditions, and all policies and procedures referenced in the creation & management of the Service Agreement. The text and image content that is provided to My SMN from YOU on the social media and networking sites that My SMN creates, manages, promote, etc. is always Yours, but the social network created, managed, build, and promoted by My SMN is solely 100% owned by My SMN unless purchased by YOU at the termination of Your month-to-month contract of My SMN’s diligent marketing and management service.

My SMN is not intended to assist You in engaging in unlawful or morally objectionable activities. Therefore, My SMN explicitly reserves the right to terminate Your license if it comes to My SMN’s attention that You are using any Social Networking sites to participate in objectionable activities, which include, but are not limited to, the following:

  • sending unsolicited email or spam;
  • activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties;
  • activities prohibited by the laws of the United States and/or foreign territories in which You live or access the Internet;
  • activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography;
  • activities that are vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable;
  • activities designed to impersonate the identity of a third party; or
  • activities designed to harm minors in any way

All rights to the Application, social media and networking site templates, website templates, forms, documentation and final design are retained by the copyright owner. You are entitled to use this Application, the social media web templates, forms and documentation to build social media sites and post them to the Internet. My SMN and any copies You are authorized to make are the intellectual property of the copyright owner. The source code and its organization and My SMN is protected by copyright, including United States Copyright Law. Except as expressly stated above, this Agreement does not grant You any rights in My SMN and all rights are reserved by the copyright owner.

My SMN expressly reserves the right to:

  1. Censor any social media/networking site hosted on its servers or not hosted that My SMN manages or is anyway affiliated with, in the Company’s sole opinion, is deemed inappropriate.
  2. Review every Social Media and Networking account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those accounts that exceed allowable levels.
  3. Modify pricing through email notification.
  4. Terminate Your license for unsolicited, commercial email or SPAM; illegal access to other computer networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that My SMN determines to be harmful to subscribers, operations, its reputation, or otherwise.
  5. Terminate Your license if Your use of My SMN results in, or is the subject of, legal action or threatened legal action against My SMN or any of its affiliates or partners, regardless of whether or not such legal action or threatened legal action is eventually determined to be with or without merit.

The decision to terminate Your license shall be made solely by My SMN, and in so doing, My SMN shall not be required to consider the merits of legal action or whether threatened legal action will actually come to pass.

User Agreement, Privacy Policy, & Refund Policy Continued:

My Social Marketing Network, LLC (My SMN) knows that your personal information is extremely important, and we take your privacy very serious. Please read the following Privacy Policy and User Agreement below. By visiting this website or domain name, www.my-smn.com or accessing any other linked pages, features, content, or services offered in relation to My SMN, you acknowledge that you accept the practices and policies outlined in this User Agreement & Privacy Policy.

We may receive and store any information you enter on our website or provide to us in any other way – via telephone call, email, fax, website, text message, etc. For example, when you register for My SMN we ask for information such as your name and email address. My SMN uses collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research. In addition, we collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers’ access or visit, and information volunteered by the consumer (such as survey information and/or site registrations).

To fully utilize My SMN, you must import email contact lists (e.g. for your potential customers). Your contact lists are stored on a secure My SMN server. We do not keep your list, contact your list, market to your list, sell your list, or share it with any other party, unless required to by law or regulation or on your behave for the purpose of building your social media network. Your contact list is kept confidential. Only authorized personnel have access (for customer service and abuse-monitoring purposes) to view system accounts and campaigns.

We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run My SMN. Although we own the code, databases, and all rights to My SMN, you retain your text and images uploaded, emailed, mailed, or verbally communicated to My SMN.

Personal Information about our customers is an integral part of our business. We neither rent nor sell your Personal Information to anyone. We share your Personal Information only as described below.

We anticipate that we may become affiliated with a variety of businesses and work closely with them. In certain situations, these businesses may sell items to you through their sites: i.e. Facebook, Linked-IN, Twitter, etc. In other situations, My SMN may provide services jointly with affiliated businesses.

We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, My SMN’s agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information for the above purposes.

In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if My SMN, or substantially all of its assets were acquired, or in the unlikely event that My SMN goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of My SMN may continue to use your Personal Information as set forth in this policy.

We may release Personal Information when we believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of My SMN, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

If you decide to visit the My SMN websites, your visit and any possible dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, arbitration of disputes, and application of Wyoming state law.

My SMN services may permit you to link to other websites on the Internet, and other websites may contain links to the Websites. These other websites are not under My SMN control, and such links do not constitute an endorsement by My SMN of those other websites or the services offered through them. The privacy and security practices of websites linked to or from the My SMN websites are not covered by this Privacy Policy, and My SMN is not responsible for the privacy or security practices or the content of such websites.

Your My SMN account Personal Information is protected by a password for your privacy and security. You need to ensure that there is no unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.

My SMN endeavors to protect user information to ensure that user account information is kept private; however, My SMN cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

You may request deletion of your My SMN account by sending an e-mail to info@mysmn.com. Please note that some information may remain in our records after deletion of your account.

Refund Policy for My SMN: Refunds are only given if a written cancellation of service requests is received within 3 business days after your monthly invoice/bill of service has been paid. To cancel service with My SMN in writing via email or fax – your cancellation request must be in writing to receive a refund for that specific month of paid service. You can request a refund in writing to info@mysmn.com or fax request to (877) 576-9766. You can call (877) 576-9766 and one of our customer service representatives can walk you through the simple cancellation and refund process. If your request comes in after 3 business days then no refund will be provided. You must understand that My SMN provides a very specific and labor intensive “Service” which requires hours or labor and staffing time to do social media and social networking specific to your business. We do not pro-rate any refund if you choose to cancel service in the middle of the month and we do not offer any credits for mid-month cancellations, nor is our services transferable. By using My SMN website, hosting, products and services, You and Your business agree to the terms of My SMN Refund and Cancellation policy.

My SMN may amend this User Agreement, Privacy Policy, & Refund Policy from time to time. Use of information we collect now is subject to the User Agreement, Privacy Policy, & Refund Policy in effect at the time such information is used. If we make changes in the way we use Personal Information, we will notify you by posting an announcement on our Website or sending you an email. Users are bound by any changes to the User Agreement, Privacy Policy, & Refund Policy when he or she uses the Website after such changes have been first posted.

If you have any questions or concerns regarding User Agreement, Privacy Policy, & Refund Policy on our Website, please send us a detailed message at info@mysmn.com. We will make every effort to resolve your concerns.

Effective Date: January 1, 2010

Mailing Address:

My Social Marketing Network, LLC.
5663 Balboa Ave Ste 420

San Diego, CA 92111

website: simwebsitelaunch.com/mysmn.com

office: (877) 576-9766

fax: (877) 576-9766

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