Terms and Conditions

To use any of our websites, services, products, you must agree to the following terms and conditions. If you don’t agree then you must not use our websites, services, or products! 

 

Disclosures

Online Visually, it’s staff, nor it’s affiliates are NOT able to give legal, tax, financial, investing, or medical advice. We do not have licenses in these areas and Do Not practice in the area of law, taxes, financial, investing, or in the area of medicine.

Online Visually is defined as the company that owns and operates this website.

Marketing partners is defined as anyone who would use our services, products, websites, or any other creation of Online Visually.

Always find and consult your own professionals in any of the areas above or other areas of expertise. Do not take advise from ANYONE except the licensed professionals that you qualify and choose yourself from outside Online Visually, it’s staff, and affiliates. If you don’t agree with our terms and conditions for use then you must NOT use our websites, services, or products offered.

The following information below is our policy at the time this website was built. To see the current policy visit Online Visually Legal at https://OnlineVisually.com/legal/ . There may be slight differences in policy. Using this website you agree to any changes in the policy at the previous mentioned link and those policies will override policies on any of our websites. Policies can change without notice at anytime. All people using this website agree not to be abusive, post offensive or illegal material.

 

Acceptable Use Policy & Sharing Accounts

This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into Online Visually Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. Online Visually may modify this AUP at any time without notice.

The Services provided by Online Visually may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. Online Visually reserves the right to refuse service to anyone.

You as a marketing partner are 100% responsible for the content that you post, allow to be posted, and are responsible for maintaining all lawful disclosures that are required by law for your area. These lawful disclosures must also be displayed appropriately. 

All material that is entered into any website, sent by Google Form, or given to us to place on a website is at our discretion to leave on the website or post. Any questionable material that in our judgment or violates this AUP in any manner will not be put on a website and may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within the specified time period in our email to you may result in the suspension or termination of the Services. All users agree not to use other people’s materials and shall indemnify Online Visually in all copyright violations.

Marketing partners will NOT share their login username or password with any 3rd party. This type of website is very complicated and requires a special server to operate correctly. If a marketing partner shares their access credentials to any of our websites and there is damage that occurs, meaning that the website fails to function as we determined, then marketing partner will pay for us to research what was messed up and to repair it.

 

Affiliate Participation Disclosure

This site is owned and operated by Online Visually. Online Visually is a participant in many affiliate advertising programs designed to provide a means for websites to earn advertising fees by advertising. Online Visually is compensated for referring traffic and business to these companies.

Online Visually is a separate company from any affiliates.

Online Visually is not, has not implied that it is associated with any company other than itself. It is not endorsed to do business for any other company other than itself. Google, Facebook, and other companies are separate companies that do business separately.

This is not the only disclosure for the purposes of affiliate participation. If affiliate links are on a webpage then the full disclosure will be on that webpage too.

 

IPs, Domain Names, & Data Centers

If you own your own domain name, this is important!

We do not have our own data center. This costs millions to build one and house websites with the best cloud coverage. So we have several accounts with several data center providers. Occasionally they may move locations or move our websites to new locations. If this occurs then we will do everything to make it a seamless process.

However if you own your domain name you will be responsible for changing the IP to the new location. This is done by calling the registrar or company that you pay each year for your domain name. Call them and ask them to point your domain to a new IP (we provide that). 

Failure to point your domain to a new IP will result in the website and email not to work.

 

Providing Content Timely

Marketing partner will provide any support content such as videos, pictures, menu items, prices, or anything else needed by website builder upon asking. Delay in the providing of support content will result in the project being completed as much as possible and after 30 days will be dropped from our list of active projects.

There are no refunds for inactive projects. We will complete as much of all projects as we can. It’s the marketing partner’s responsibility to provide supportive content as in most cases the marketing partner’s are the only one that can do so.

 

Licensing, Leasing, Email, and Refunds

Unless a website is specifically for sale, then it remains the property of Online Visually. If you are purchasing a domain then please make sure it’s the domain name that you want. There are no refunds as you have total control over the domain you’ve purchased

When Online Visually creates a website or a marketing website they do with proprietary software. This software is licensed to Online Visually which means that we can use it to create websites but may NOT resell the software. For this reason, when a website is created, it must remain on an Online Visually server.

Licensed software venders: We do NOT sell nor transfer ownership rights of websites nor domain names to avoid any licensing agreement violations. Design fees are only for the cost of customizing a website. Design fees are NOT for the purchase of the website. Marketing partners are not allowed direct access to the server, software on the server, super admin access, or admin access to any website. Author access may be granted, at the discretion of Online Visually, in cases where the marketing partner would like to post directly to a website.

Any data entered, or lack of data, structure, or lack of structure, that is entered, or failed to be entered, into any of marketing partner’s websites is the exclusive responsibility and property of marketing partner (the company the website directly benefits). Marketing partners are solely responsible for all website and marketing content that’s used in their benefit. Online Visually just makes design changes, hosts, and provides website maintenance for a monthly fee. Design changes will require design fees to be paid by marketing partner. Inappropriate content may be removed by Online Visually without notice.

Online Visually keeps its overhead low to be able to offer services at lower prices than other competitive marketing companies. Monthly payments are debited the same time each month. If monthly payments are not able to debit because of lack of funds or bank declined then a $50 late fee is incurred. After 24 hours of any non-payment then all services are halted until the full amount due is paid in full. After an additional 10 days of delinquent payment then Online Visually has the right to delete, repurpose, or reclaim the project that is delinquent. If you feel that you can’t make your monetary obligations, please do not use our services.

We do not offer refunds on any of our products/services as the cost of these items are consumed almost immediately upon starting a project. We do however allow you to cancel anytime and you will not be billed anymore in the future for the products/services that you cancel for.

Lead Generation is specifically for the purpose of getting a new customer, client, or sales. Not all leads turn into sales, customers, or clients. Some marketing campaigns happen over time and lead a prospect to become a client. Online Visually uses a variety of different approaches to generate leads which in most cases is costly in our time and our money. When a lead is generated, it is the marketing partner that is responsible to call back the lead immediately (for the best result). This computer generated lead with a human contact is the most effective way we’ve found for the marketing process.

The lead generation lists we generate are owned by Online Visually and are not shared with marketing partners except when a potential customer is first opted in or re-opted in at the sole discretion of Online Visually. The marketing partner or chooses staff will receive a direct phone call, an email, or message with at least the potential client’s first name and phone number. Each campaign for getting leads is slightly different so ask your Support for specifics in your situation. We are there to help you. 

Most of the time leads that are given to a marketing partner during a subscription period are the accurate amount. An example would be 30 leads over 30 days should have 30 leads given to the marketing partner during that time. Sometimes they come in clumps and sometimes it’s very calculated. This depends so much on the type of marketing being done. Occasionally if we haven’t given you the amount we should, then we place that onto your next cycle. This is rare but it does happen.

Marketing partners or their staff are responsible to set up their phones with the email they’re using for leads. Call your phone carrier for help setting up your email. We don’t set up or manage email addresses however we will forward email for a website or lead generation project that we manage for you.

Marketing partners shall have permissions for authors and be able to post their appropriate content but shall not share their login credentials with any 3rd party.

We collect information for marketing purposes. We can use that information to help determine what we feel people might be interested in and do use that information collected for marketing purposes. If you want to be removed from our system you just ask and it will be removed.

 

Prohibited Uses

Infringement of Intellectual Property Rights.

Use of the Services to infringe upon another party’s intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.

If you believe that your intellectual property rights are being infringed upon, please email Owner@OnlineVisually.com. For copyright infringement claims, Online Visually follows the Digital Millennium Copyright Act (“DMCA”) notice and takedown procedures. A list of the information required to submit a sufficient copyright infringement claim can be found here.

Using a shared account as a backup/storage device.

You may not use a hosting account as a backup/storage device with the exception of one cPanel backup of the same account. Please do not take backups of your backups as this will bog down the server and will cause hardware to degrade because of extreme unnecessary use.

Unacceptable material on our servers include without limitation:

  • Topsites
  • IRC Scripts/Bots
  • IRCD (irc servers)
  • Proxy Scripts/Anonymizers
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale or distribution of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Push button mail scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Tell A Friend Scripts
  • Anonymous or Bulk SMS Gateways
  • Bitcoin Miners
  • PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)
  • Any pornographic or material that Online Visually would find unacceptable.

 

Child Pornography Prohibited.

Content that is potentially harmful to minors, as determined in Online Visually’s sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice.

Other Prohibited Content. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service or this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.

 

Unacceptable Resource Usage

You may not:
Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.

Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

Run any software that interfaces with an IRC (Internet Relay Chat) network.

Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.

Participate in any file-sharing/peer-to-peer activities

Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.

Run cron entries with intervals of less than fifteen (15) minutes.

Run any MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.

Include the URL when using PHP include functions for including a local file. Instead of including ‘http://yourdomain.com/include.php’, use ‘include.php’ or ‘/home/username/public_html/include.php’.

Force html to handle server-side code (like php and shtml) to help reduce usage.

Use https protocol unless it is necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
INODES.The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: “:fail: No such user here”.

 

Zero Tolerance Spam Policy

We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists,” purchased lists, and selling of lists will be treated as spam. We may terminate the account of any User who sends out spam with or without notice. Websites advertised via spam (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Online Visually reserves the right to require changes or disable as necessary, any website, account, database, or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion.

Online Visually reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal at our sole discretion.

Defamation PolicyWebsites hosted on Online Visually’s servers in the U.S. are regulated by U.S. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, Online Visually’s policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a webhost, Online Visually is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.

AUP Violations

Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency. A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours.

If you feel you have discovered a violation of our AUP please report it to: Owner@OnlineVisually.com.

 

Disclosure About Services

We want everyone to have a great experience including us, so we disclose a few things up front. Our goal is to stay ahead of others in the industry as well as to beyond compliant with Federal and State Laws. 

We create incredible websites by use of proprietary software. This software gives us the rights to create incredible websites and marketing systems, but not the right sell the software.

Our websites are created on a special server and because of the licensing must remain on an Online Visually server in order for us to remain compliant to our license agreements.

 

Marketing Partner’s Should Expect:

    1. Forget paperwork and long term commitments
    2. Month to month services only
    3. Cancel anytime

Keeping you satisfied, our expectation is we’ll have a lifelong relationship 

 

Personal Data

Who are we?

We are a marketing company who above all else expects to benefit local businesses. We do this in a variety of different ways. If you have questions it is best to visit our website at https://OnlineVisually.com

What kind of personal data do we collect it and why?

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Most of the data collected is for the business listing or marketing of your business.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Contact Forms

If you fill in contact forms then you will be contacted. Your information will be used to contact you. You may be contacted by our staff, our sponsors, or marketing partners. If you no longer want us to contact you simply send an email to us directly at Owner@OnlineVisually.com and ask us to stop sending you information.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies can last for a year or more.

Analytics

We use analytics for marketing purposes.

Who we share your data with

Anyone for the purpose of marketing.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

Your rights over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data?

Visitor comments may be checked through an automated spam detection service to help minimize spam.

Your contact information

This is used to contact you in case our sponsors or our staff need to contact you. If you do not want contact simply send us an email requesting no further contact and deletion of your account. Anytime we should contact you it’s for your benefit.

How we protect your data?

We encrypt it with a secure socket layer. See https://www.websecurity.symantec.com/security-topics/what-is-ssl-tls-https

What data breach procedures do we have in place currently?

No data breach procedures are necessary as the information we keep is NOT financial. The data we have is for marketing only. By using direct Paypal buttons all financial information is only kept on Paypal servers. The same goes for Stripe or any other payment processing companies.

Industrial, Regulatory, and Disclosure Requirements

We disclose as much as possible, up front. We can use any information for marketing purposes and if you don’t want to be marketed to then simply provide us your email so we can remove you from any future contact.

 

Marketing Partner’s Should Expect:

  1. Forget paperwork and long term commitments
  2. Month to month services only
  3. Cancel anytime

 Keeping you satisfied, our expectation is we’ll have a lifelong relationship.