Please read this page carefully prior to ordering services from us and be sure you understand what it says as this is a binding contract between Marketing Heroes LLC and you. If you have any questions about what you see on this page, please feel free to contact us at firstname.lastname@example.org or 979-696-2500.
The Services We Provide
In exchange for the fees you pay in advance, we will provide marketing services as long as you abide by the terms and conditions that are set out on this page and in any other agreements that relate to the services we provide to you. We will provide the services according to the specifications listed for the marketing package you select during the signup process. For clarity, on this page, the term “services” refers to the marketing services that we will provide to you and, if you are an Affiliate, the services we provide to you in connection with that program. The term “Marketing Heroes LLC” or “us” or “we” refers to Marketing Heroes LLC.
Permission to Host Your Content
For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made and give us permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.
When the Hosting Services Will be Available
We will attempt to provide services 24 hours a day, 7 days a week for as long as your account is current. Sometimes for reasons that may be beyond our control, services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of services cannot be completely avoided. Included in this category would be: equipment malfunctions; periodic maintenance procedures or repairs and other causes that are beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.
Marketing Heroes LLC provides technical support related to your website’s physical functioning via a support ticket system. Marketing Heroes LLC does not offer free technical support for application-specific issues such as PHP or cgi programming, html, script installation or any other such issue that has been installed or edited by a third party or by the customer.
Each customer may have up to 5 support submissions within any 30 day period. You may purchase additional technical support for issues which are not covered by our normal support. Our standard technical support rate is U.S. $125 per hour, payable in advance. To get a cost estimate for additional support, please create a support ticket in the members area describing the support required. If you purchase additional technical support and the estimate is too low, we will advise you as soon as possible and provide you with a new estimate at which time work will continue. If our estimate is too high, we will refund any extra amount paid.
Billing and Cancellation Policy
Marketing Heroes LLC agrees to provide clients with online access to their invoice details. Clients with monthly or quarterly recurring billing agree to keep automated payment methods on file and updated through the client payment portal. https://mheroes.connectboosteronline.com/Login.aspx
All client agreement invoices are due in advance before service is rendered. Your invoice will be created at least ten days before it is due.
IF BALANCE DUE IS NOT PAID BY THE DUE DATE NOTED ON DOCUMENT YOU MAY BE SUBJECT TO A LATE PENALTY CHARGE AS ALLOWED UNDER THE TERMS OF SALE. LATE PAYMENTS ARE ASSESSED AT A RATE OF 1.5%.
If there is an error processing your credit card, we will make every effort to contact you using the email address or contact phone number on file; however, it is your responsibility to pay your bill and maintain an accurate email address and phone number. Client contact information can be updated in our online Client Support Portal by going to https://clientsupportportal.com > Account > Users. Please respond promptly to our communications to avoid any service interruptions.
Delayed, Late, or Problem Payments
If an invoice has not been paid by its due date, your services will automatically be placed into graced status for 29 days with restricted access. On the 30th day, your service will expire, and all related services are suspended. On the 60th day, if payment in full has not been received, we shall have the right to terminate your account and delete all data from our systems.
If your service is in a graced status, you just need to process a payment for the balance due. If your service is suspended for non-payment, you will need to process a payment for the balance due and contact our billing department to re-activate your service. If your service is terminated, please contact our billing department to re-activate your service, if possible.
Customers will have until the renewal invoice date to cancel service without penalty. All services cancelled after the invoice date will be assessed a $50 late cancellation processing fee at time of processing. No refunds will be issued on monthly accounts if cancelled after the 1st of the month invoiced. Only quarterly or annually billed agreements can be prorated. Unused months will be credited back to the original credit card used for the payment or to the account, after the late cancellation fee has been assessed. No physical refund checks will be issued.
You may cancel service at any time by submitting a Cancellation Form at http://www.mheroes.com/cancel/
Credit Cards on File
If you have a credit card on file and it is enabled for “Auto Pay” your card will be automatically charged on the invoice due date indicated.
If you have a credit card on file but it is not enabled for “Auto Pay “, your card will not be automatically charged. However, once an invoice/order becomes overdue, your credit card may be manually processed for payment.
Declined, Expired, or Chargeback Credit Card Policy
In the event that your credit card expires, or is declined, our team will attempt to contact you via email or phone letting you know of the expired, or declined credit card. It is then your responsibility to either log in to the Client Billing Portal and update your payment method or contact our billing department at 979-256-4738 for assistance.
In the event that we do not hear from you within your 29-day grace period, your account status will change to expired and your service will be suspended.
Our policy regarding chargebacks is zero tolerance. If we receive a charge back notice from you or your credit card company, your services with us will be suspended immediately. In order to reinstate your services, you will need to pay the balance due on your account, in addition to a $50 chargeback fee. Balance due includes the invoices charged back, as well as any current invoices.
Returned/Bounced Check $50 per check with loss of check privileges
Chargeback Fee $50
Reactivation of Suspended Account $50 prepaid, per reactivation
Reactivation of Terminated Account $50 if possible
Backup Recovery $100.00 minimum, if possible
Late Cancellation Processing Fee $50
Acceptable Use/Illegal Activity
Marketing Heroes LLC strives to maintain a high level of service and high standards of quality. As such, we will not provide services to those using our services for:
- Hacking, which includes penetrating or attempting to access without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card “phishing” techniques are also prohibited.
- Hosting of files or other data that infringes on copyright or other intellectual property rights.
- Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our service, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
- Uploading or linking to any content that violates another’s right of publicity or privacy.
- Distributing hate speech, or any other content that is obscene, abusive, which could be considered libelous or defamatory.
- Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
- Hosting large amounts of data not specifically tied (“linked”) to your hosting account. Marketing Heroes LLC. encourages users looking for file storage/backup solutions to seek other services that specialize in this.
Disproportionate loads placed on the server.
While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the resources of the server’s CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
Special Pricing Notice
Special monthly pricing displayed is only available after term pre-payment. We offer monthly, quarterly, and semi-annual payments, which carry additional fees which can not be waived.
These Terms of Service May Change
Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.
DMCA Copyright Infringement Information
In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our agent for notice of claims of copyright infringement can be reached as follows:
Marketing Heroes LLC
1511 Texas Avenue S 175
College Station, TX 77840
By phone: 979-696-2500
By email: email@example.com
If Marketing Heroes LLC. is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if Marketing Heroes LLC. is found liable or pays to settle the dispute. In legal terms, this is called “indemnification.” Not only do you agree to reimburse Marketing Heroes LLC. for what it pays to satisfy a judgment or settle a case, you also agree to pay Marketing Heroes LLC.’s reasonable attorney’s fees and all other costs Marketing Heroes LLC. incurs in defending itself.
Disclaimer of Warranties
You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. Marketing Heroes LLC. 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. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Marketing Heroes LLC MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Marketing Heroes LLC DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
Limitation of Liability
Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, Marketing Heroes LLC cannot be held liable for it. IN NO EVENT SHALL Marketing Heroes LLC. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Marketing Heroes LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of Marketing Heroes LLC. due to your enrollment in the affiliate program,
Copyright, Intellectual Property, and Trademark Notice
All content on websites developed by Marketing Heroes LLC is owned by the respective owners. Any logos, brands, images, or other media found on this site or any site developed by Marketing Heroes LLC is purely for demonstrative purposes and in no way elicits a relationship, warranty, or guarantee between Marketing Heroes LLC and the respective content owners.
Terms such as “Web Tug” and “SEOSuperGlue” are property of Marketing Heroes LLC and should not be used without express written permission. Uses included written copy, embedding/sharing, and all other forms of digital and physical distribution methods.
Governing Law and Choice of Form
The laws of United States, the State of Texas and the County of Brazos will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Brazos County, College Station TX.
By using Marketing Heroes LLC, you agree to the above terms of service.