Terms, Conditions & Privacy Info

WARRANTY POLICY

We offer a 100% satisfaction guarantee on all our subscription services. You may cancel your monthly subscription at any time. If you feel you are not satisfied with our service, you may request a full refund of the monthly charges for the current month. One-time charges, yearly subscriptions, and upgrades are non-refundable after project work has been started. Please contact the helpdesk if you would like to cancel your account.

AVICY.COM - TERMS OF USE POLICY

1. DEFINITIONS

In this Terms of Use Policy, unless otherwise defined the following terms have the following meanings:

(a) "Customer" or “You” means the purchaser of Services from Avicy Marketing.

(b) "Services" means computing, telecommunications, software and information services provided by Avicy Marketing including, without limitation, web design, web hosting and e-mail services and the provision of access to computing, telecommunications, software, and information services provided by third parties over the Internet.

(c) "TUP" means this Terms of Use Policy.

2. AGREEMENT TO PROVIDE SERVICES

Upon receipt of payment therefore, Avicy Marketing will provide the Customer with the Services on its host computing systems for the non-exclusive use of the Customer. The Services are strictly provided "as is" and "as available" without representations, warranties or conditions of any kind whatsoever. The Customer agrees to comply with the terms and conditions of this TUP.

3. DOMAIN NAME REGISTRATION

Avicy Marketing's role in the registration of a Customer domain name is limited to the submission of the Customer's request for registration to the appropriate registrar (the "Registrar"). Upon registration the Customer will be subject to the terms and conditions of registration imposed by the Registrar. Avicy Marketing provides no assurance that a particular application for a domain name will be accepted or approved. Each individual domain name constitutes a single submission. All changes to the original application must be made by the Customer directly to the Registrar and not to Avicy Marketing.

4. TERM

The term of use of the Services is month to month, unless a longer period is subscribed for by the Customer in which event the term is for the duration of the subscription period. The term will be automatically renewed for a further term of equal duration unless terminated in accordance with Sections 6 or 9.

5. CHANGES

The fees for the Services and the terms of this TUP are subject to change at any time upon 30 days' notice at the sole discretion of Avicy Marketing.

6. TERMINATION

The provision of the Services will be terminated in the following events:

(a) Termination without Notice. Avicy Marketing may immediately terminate the Services in the event the Customer commits any act of default under any term of this TUP, including but not limited to the events set out in Section 7. All prepaid fees will be forfeited.

(b) Termination with Notice. Either the Customer or Avicy Marketing may terminate the Services at any time upon giving the other not less than one clear calendar month's notice in writing. All prepaid fees will be forfeited.

7. ABUSE OF SYSTEM

Any use by the Customer of the Services for purposes other than those for which they are intended or conduct by the Customer or unauthorized use of Avicy Marketing system resources that results in any disruption of the normal use of Avicy Marketing's system constitutes grounds for immediate termination of the Services. Examples of system abuse include but are not limited to:

(a) spawning dozens of processes;

(b) consuming excessive amounts of memory or CPU for long periods of time;

(c) spamming or mass e-mailing using any Avicy Marketing system or process;

(d) illegal, criminal or malicious activities;

(e) the transmission of any material in violation of any international, national, or municipal law or regulation, including, but not limited to, copyrighted material, threatening, offensive or obscene material and material protected by trade secret;

(f) the unauthorized use of photographs, images and corporate logos and designs;

(g) any activity Avicy Marketing in its sole discretion determines is offensive or unethical or otherwise damaging to other customers, users of the Internet, Avicy Marketing 's networks and systems or its reputation;

(h) the propagation, support for, creation of or deliberate attacks by any virus or worm;

(i) the giving false information to Avicy Marketing;

(j) the storage of illegal or pirated software, images, photographs and corporate logos and designs that the Customer does not have the right to use, the use of any type of IRC bot or proxy, the storage and use of any type of software intended for hacking or cracking purposes and the storage or sale of bulk e-mail lists intended for spamming or resale purposes;

(k) the modification of, or tampering with, files not owned by the user and any attempt to examine files not normally available to Customers;

(l) any attempt to use system resources not normally available to Customers;

(m) any attempt to alter the security of the system or to impede the normal functioning of thereof;

(n) any attempt to violate or affect the rights of others;

(o) any attempt to make or distribute materials or publications that are threatening or defamatory or otherwise injurious to the business or reputation of others; and

(p) any attempt to violate the law.

8. CHARGES

The Customer is responsible for all applicable charges for the Services as set forth in the pricing structure detailed at www.avicy.com plus all applicable taxes. Invoicing for the Services will be delivered after the charge has been applied to the Customer's credit card. If the Customer is paying by check or money order, the Customer will be invoiced in advance of the payment due. The Customer is required to pay a minimum of twelve-month increments when paying by check or money order. Invoices may be delivered by e-mail, fax or mail. Any interruption in the provision of the Services does not relieve the Customer from the obligation to pay all applicable charges. Additional fees may be levied for NSF payments, reactivations, terminations and changes of service. If the Customer commits any default under this TUP the Customer agrees to reimburse Avicy Marketing for all reasonable expenses (including collection fees and legal costs on a solicitor and own client basis) incurred by Avicy Marketing in enforcing its rights under this TUP. Accounts in default are subject to an interest charge of 2% per month (24% per annum). The Customer agree to keep his/her credit card information updated, and to provide Avicy Marketing with a new valid account number if his/her old card is deactivated or does not have sufficient credit available to pay your fees.

If the Customer wishes to dispute any fee Avicy Marketing charged to his/her credit card, he/she agree to discuss such dispute with Avicy Marketing and work towards a resolution.  The Customer expressly agree to not dispute fees with the issuing credit card company, which could result in a “charge back” to Avicy Marketing.  Declined, refused and/or returned payments may result in a $50.00 service charge payable immediately.

9. CHANGES IN PRICE STRUCTURE

Avicy Marketing may, from time to time, modify any prices or charges (including late payment charges) for or any other term or condition relating to the Services provided that Avicy Marketing gives the Customer at least 30 days advance written notice. The Customer shall have the option to continue the Services at the new price or charge or terminate the Services upon giving written notice to Avicy Marketing prior to the expiration of the 30 day period referred to above.

10. USE OF SERVICES

The Services are for the exclusive use of the Customer as contemplated by this TUP and use of the Services is restricted by the TUP. Avicy Marketing reserves the right to amend this TUP from time to time without prior notice. The Customer acknowledges that it has read the TUP in effect as at the date hereof.

11. IP ADDRESSES

Avicy Marketing shall maintain ownership of and full control over any and all IP numbers and IP addresses that may be assigned to the Customer and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

12. LICENSED REAL ESTATE AGENT

In subscribing for the Services the Customer represents and warrants to Avicy Marketing that he or she holds all required licenses and is otherwise duly authorized under all applicable laws to act on behalf of third parties in connection with real estate transactions including but not limited to the purchase, sale and financing of real property and the giving of advice in connection therewith. Avicy Marketing accepts no liability or responsibility in connection with the subscription of Services by persons who are not so licensed or authorized.

13. NO TITLE

The Customer acknowledges that no title to nor interest in any intellectual property related to the Services or otherwise is conveyed or granted to the Customer. All right, title, ownership and interest in and to all intellectual property remains vested in Avicy Marketing. All such property is protected by copyright in the United States and other countries.

14. LIMITATION OF LIABILITY

IN NO EVENT WILL Avicy Marketing BE LIABLE FOR, AND THE CUSTOMER HEREBY RELEASES Avicy Marketing AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND SUPPLIERS FROM, ANY LOSS, COST, DAMAGES OR LIABILITY WHATSOEVER (INCLUDING INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES) INCURRED BY THE CUSTOMER ARISING OUT OF ANY MATTER OR THING RELATING TO THE PROVISION BY Avicy Marketing OF THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY LOSS, COST OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES OR ANY INTERRUPTION OR SUSPENSION THEREOF FOR ANY REASON.

15. INDEMNITY

The Customer hereby agrees to indemnify, defend and save harmless Avicy Marketing and its directors, officers, employees and suppliers from any and all claims, actions, costs and losses incurred by Avicy Marketing (including legal fees on a solicitor and own client basis) resulting from any act or omission on the part of the Customer or any default or breach by the Customer of any provision of this TUP.

16. MLS SERVICE

Avicy Marketing provides certain services that are provided in-part by 3 rd party Multiple Listing Service (MLS) suppliers.  Your use of such services is subject to the terms and conditions set forth by each MLS supplier; in most cases, you must be an active member of the MLS in order to participate in MLS Data Services provided by the MLS and Avicy Marketing.  You are also solely responsible for any fees charged by the MLS data supplier.  Avicy Marketing and/or the MLS data supplier will provide you with all necessary documentation, contracts and fees required to participate in the MLS data services.  Avicy Marketing is not responsible for the accuracy, completeness, functionality, usability, availability or merchantability of the MLS data services provided by 3 rd party MLS data suppliers.  The use of MLS data services is strictly at your own risk.

17. PRIVACY POLICY
W3C P3P Compliant Privacy Policy

By using the services, you authorize Avicy Marketing to access data stored on or transmitted through the services to conduct research, improve the services and provide anonymous reporting for internal and external clients.

Your personal information will not be shared with third-parties and affiliates without your consent.

Certain advertising information may be displayed through the services at Avicy Marketing's sole discretion.  The display of advertising information shall not entitle you to any advertising fees or revenues from such advertising unless otherwise explicitly agreed to in writing by Avicy Marketing.  Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, 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 Avicy Marketing 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 the Service.

What This Privacy Policy Covers

Avicy takes your privacy seriously. Please read the following to learn more about our privacy policy.

NOTICE: Click here for important information about safe surfing from the Federal Trade Commission.

This policy covers how Avicy treats personal information that Avicy collects and receives, including information related to your past use of Avicy products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available.

This policy does not apply to the practices of companies that Avicy does not own or control, or to people that Avicy does not employ or manage.

Information Collection and Use

General

Avicy collects personal information when you register with Avicy, when you use Avicy products or services and when you visit Avicy pages.

When you register we ask for information such as your name, email address, birth date, gender, zip code, occupation, industry, and personal interests.
Once you register with Avicy and sign in to our services, you are not anonymous to us.
Avicy collects information about your transactions with us and with some of our business partners, including information about your use of financial products and services that we offer.

Usage

Avicy uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services and improve our services.

Information Sharing and Disclosure

We provide the information to trusted partners who work on behalf of or with Avicy under confidentiality agreements. These companies may use your personal information to help Avicycommunicate with you about offers from Avicy and our marketing partners. However, these companies do not have any independent right to share this information.

Avicy does not share personal information about you with other people except to provide products or services you've requested when we have your permission or under the following circumstances:
We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations Avicy terms of use, or as otherwise required by law

We transfer information about you if Avicy is acquired by or merged with another company
In this event, Avicy will notify you before information about you is transferred and becomes subject to a different privacy policy.

Cookies

Avicy may set and access Avicy cookies on your computer.

Avicy uses web beacons to access Avicy cookies inside and outside our network of web sites and in connection with Avicy products and services.

Your Ability to Edit and Delete Your Account Information and Preferences in built into your Avicy account page.

General

You can edit your Avicy Account Information, including your marketing preferences, at any time.
Users who visit this page can opt out of receiving future marketing communications or they can unsubscribe by following instructions contained in the messages they receive.
We reserve the right to send you certain communications relating to the Avicy service, such as service announcements, administrative messages and the Avicy Newsletter, that are considered part of your Avicy account, without offering you the opportunity to opt-out of receiving them.

You can delete your Avicy account by contacting support. Please note information might possibly remain in our archived records after your account has been deleted.

Confidentiality and Security

We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.

We have electronic safeguards to protect personal information about you.

Your Avicy Account Information is password-protected

In certain areas Avicy uses industry-standard SSL-encryption to protect data transmissions.

Changes to this Privacy Policy

Avicy may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Avicy account or by placing a prominent notice on our site.

Questions and Suggestions

Avicy Customer Care - Privacy Policy Issues
P.O. Box 51105
Seattle, WA 98115

1-888-GO-AVICY

18. REPRESENTATION

YOU HEREBY REPRESENT TO Avicy Marketing THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT. YOU ARE ALSO REPRESENTING THAT YOU ARE ENTERING INTO THIS AGREEMENT ON YOUR OWN BEHALF, HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF ENTERING INTO THIS AGREEMENT, ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT.  AT ANY TIME UPON REQUEST BY Avicy Marketing, YOU AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT, AND ANY OTHER AGREEMENTS OR STATEMENTS REASONABLY NECESSARY FOR Avicy Marketing TO PROVIDE AND ACCOUNT FOR THE SERVICES. 

19. CONTACT INFORMATION

All notices to Avicy Marketing under this agreement shall be in writing and delivered via e-mail through the contact page.

20. MISCELLANEOUS

This TUP shall be governed by and construed in accordance with the laws of the State of Washington and the federal laws of the United States applicable therein. All notices under this TUP or otherwise related to the Services may be given by Avicy Marketing to the Customer at the last e-mail address of the Customer provided to Avicy Marketing. Avicy Marketing may assign its rights and obligations under this TUP without the prior consent of the Customer. The Customer may not assign the Services without the prior written consent of Avicy Marketing, such consent not to be unreasonably withheld. This TUP remains binding upon the parties and their respective heirs, executors, trustees, successors and assigns.

21. Avicy Marketing Content

The text, images, photographs, graphics, logos, illustrations, descriptions, data, code, and other material provided on the Avicy Marketing website, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out- of- date. Avicy Marketing may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Avicy Marketing in any way, except to the extent that it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Avicy Marketing or by third parties that have licensed their use to Avicy Marketing. You may view and use the Content only for your personal information and for ordering on the Avicy Marketing website, and for no other purpose; and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Avicy Marketing does not grant to you or any person any right to use, reproduce, copy, modify, transmit, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Avicy Marketing Virtual Storefront, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms, or as otherwise expressly permitted in the Content or in writing signed by Avicy Marketing, is strictly prohibited.

22. Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Avicy Marketing or its Content suppliers and is protected by both United States and international copyright laws. The compilation of all content on this site is the exclusive property of Avicy Marketing and protected by U.S. and international copyright laws. All software used on this site is the property of Avicy Marketing or its software suppliers and protected by United States and international copyright laws.