The Toma Group Sponsorship Program

Sponsors and Co-sponsors Contract Terms and Conditions

Please read the complete Terms & Conditions of Use and Privacy Policy found on www.TheTomaGroup.com before using or obtaining any materials, information, products or services through MSOTW, LLC, dba The Toma Group.

The term "Sponsors" hereafter refers to the Sponsor(s) licensee(s) on the agreement(s).
The term "Co-sponsors" hereafter refers to the Co-sponsor(s) licensee(s) on the agreement(s).
The term "Members" hereafter refers to Registered Users of any of The Toma Group web sites.
The term "Users" hereafter refers to non-registered web site visitors.
The term The Toma Group hereafter is synonymous with Marketing Services On The Web, LLC.
The term MSOTW, LLC hereafter is synonymous with Marketing Services On The Web, LLC.

Payment: By placing an order with The Toma Group, Sponsors and Co-sponsors agree to be charged the Set-Up Fee as outlined on the pricing page applicable to the product being ordered as of this date. The set-up fee is on a per web site basis and is due upon receipt of this order.

Sponsors and Co-sponsors agree to be charged the Monthly Hosting & Maintenance Fee as outlined on the pricing page applicable to the product being ordered as of this date. By acceptance of this agreement, Sponsors and Co-sponsors hereby authorize MSOTW, LLC to charge their credit card(s) for all Services according to the terms of this agreement.

Sponsors and Co-sponsors will be active Sponsors or Co-sponsors as long as all of their fees are paid when due. These terms and conditions are subject to change at MSOTW, LLC's sole discretion and are effective upon notice sent to the e-mail address in MSOTW, LLC's records for any particular Sponsor or Co-sponsor.

Sponsors: The Set-Up Fee and all other charges can be paid only by credit card. The monthly hosting and maintenance fee, as outlined on the pricing sheet as of this date, will be billed to Sponsors’ credit card on an automatic month-to-month basis, starting when the site has been activated and goes live on the Internet. The first month shall be prorated to the date activated. All prices are subject to change with 30 days notice. However, monthly fees are guaranteed not to change during the first twelve months service.

Co-sponsors: The Set-Up Fee and all other charges can be paid only by credit card. The monthly hosting and maintenance fee, as outlined on the pricing sheet as of this date, will be billed to Co-sponsors’ credit card on a six month advance basis starting when the Co-sponsors’ information is live on the site. The first month shall be prorated to the date activated. All prices are subject to change with 30 days notice. However, monthly fees are guaranteed not to change during the first twelve months service.

Cancellations: Either party may terminate the contract upon providing thirty (30) days advance written notice of termination to the other party. Upon termination of the contract, Sponsors and Co-sponsors involved in said cancellation shall immediately cease and desist any and all access to, and attempts to, access the Software and Services. There are no refunds or prorations of payments received. Charges will continue for one month following the month that the cancellation notice was received. As an example, if cancellation notice was received on April 20th, charges would be carried through to the end of May. No charges would be made on June 1st.

Late Fees: If payment is 30 days overdue, this contract will become null and void, and The Toma Group has the right to re-Sponsor or Co-sponsor the site to another Sponsor or Co-sponsor. Alternatively, at The Toma Group’s option, a late charge of $25 for each month late will be charged to the offending Sponsors’ or Co-sponsors’ credit card(s).

Domain Names: Domain names purchased by Marketing Services On The Web, LLC remain the property of Marketing Services On The Web, LLC. All attempts will be made to purchase domain names as close and applicable as possible to the intended end use, but cannot guarantee exact matches to cities or other names incorporated within the domain name. If Sponsor requests a name change from the original order, a $50 charge will be billed to Sponsors’ credit card.

Multiple Sponsorships: The Toma Group will not sell the same Sponsorship or Co-sponsorship on any site to additional Sponsors or Co-sponsors in the same category unless the current Sponsor or Co-sponsor, as the case may be, is over 30 days in default on the monthly fees provided for herein.

Intellectual Property: Title to Proprietary Information, including (without limitation) all ownership rights to patents, copyrights and trademarks in connection therewith, shall be the exclusive property of Marketing Services On The Web, LLC. Sponsors and Co-sponsors shall not (directly or indirectly) promote, advertise, market or provide any product or service similar to, or competitive with, the web site or services.

Reverse Engineering : Sponsors and Co-sponsors shall not reverse engineer any of The Toma Group web sites and shall use reasonable efforts to prevent reverse engineering of any of The Toma Group web sites.

Modifications: Sponsors and Co-sponsors shall not copy or modify any of The Toma Group web sites or services. If web sites are modified, such modifications shall be the sole and exclusive property of MSOTW, LLC and MSOTW, LLC shall own any and all of the rights, title and interests to such modifications.

Templates : Sites are in template form and changes are limited. Sponsors and Co-sponsors may input, retrieve and modify content in connection with Site Administration features provided for their respective Sponsorships or Co-sponsorships. Sponsors and Co-sponsors shall not modify any data or information except in connection with site administration features.

Privacy Policy : By using any of The Toma Group web sites, Sponsors, Co-sponsors, Members and Users are accepting the policies and practices described in the Privacy Policy and Terms and Conditions of Use on the web sites. Sponsors and Co-sponsors will not share, transfer or sell Member information (when acting on behalf of The Toma Group in accordance with the Privacy Policy and Terms and Conditions of Use) for purposes other than Sponsors or Co-sponsors exclusive use. The Toma Group is not liable for any damages Sponsors or Co-sponsors may incur from misuse of information.

Termination of Service:
(a) The Toma Group may terminate any Sponsorship or Co-sponsorship, or archive and delete any and all information, communications, postings, and image files at any time, without notice, in MSOTW, LLC's sole and absolute discretion, for online conduct that MSOTW, LLC believes is harmful to other Members, Sponsors, Co-sponsors, Users, the business of MSOTW, LLC, or any other third party.
(b) MSOTW, LLC may terminate any Sponsorship or Co-sponsorship of, their registration with or ability to access their Site(s), and/or any Service provided to them by MSOTW, LLC, upon any breach by them of this Agreement or if MSOTW, LLC is unable to verify or authenticate any information they submit to their Site(s).
(c) MSOTW, LLC reserves the right at all times to disclose any information posted by Sponsors or Co-sponsors or any other Member or User as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in MSOTW, LLC's sole discretion are objectionable or in violation of these terms and conditions, the Terms and Conditions of Use and/or the Privacy Policy.

Disclaimer of Warranty and Limitations of Liability
(a) The Toma Group web sites and all products and services provided through them are provided "as is" with no warranties whatsoever. To the full extent permitted by law, MSOTW, LLC disclaims all express, implied, and statutory warranties, including the warranties of merchantability, fitness for a particular purpose, and non-infringement in regards to any of The Toma Group web sites. To the full extent permitted by law, MSOTW, LLC disclaims any warranties for the security, reliability, timeliness, and performance of any of The Toma Group web sites or services. MSOTW, LLC disclaims any warranties for other services or goods received through, or advertised on, any of The Toma Group web sites or received through any links provided on any of The Toma Group web sites, as well as for any information or advice received through The Toma Group web sites or through any links provided in The Toma Group web sites.
(b) Sponsors and Co-sponsors understand, and agree, that any material downloaded, or otherwise obtained through the use of any of The Toma Group web sites, is done at their own discretion and risk, and that they will be solely responsible for any damages to their computer system(s) or loss of data that may result in the download or upload of such material.
(c) Under no circumstances shall MSOTW, LLC be liable to any Sponsor, Co-sponsor, Member, or User on account of that User's use or misuse of or reliance on any of The Toma Group web sites, any content on any of The Toma Group web sites or products and services advertised on, or associated with, any of The Toma Group web sites. Under no circumstances shall MSOTW, LLC be liable to any Sponsor, Co-sponsor, Member, or User for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages (even if such User has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on any of The Toma Group web sites or services, from inability to use any of The Toma Group web sites, or from the interruption, suspension, or termination of any of The Toma Group web sites or damages incurred by reason of other services or goods received through or advertised on any of The Toma Group web sites or received through any links provided on any of The Toma Group web sites.
(d) Under no circumstances, the total liability of MSOTW, LLC under this agreement shall exceed $100.
(e) The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

Modifications to Service: MSOTW, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. Sponsors and Co-sponsors agree that MSOTW shall not be liable to Sponsors or Co-sponsors or to any third party for any modification, suspension or discontinuance of the service.

Maintenance: During the maintenance term, MSOTW, LLC shall correct any defects in Sponsors or Co-sponsors web pages within a reasonable time after such defect is reported to MSOTW, LLC. Within a reasonable time after receiving a service request, MSOTW, LLC shall provide limited telephone support in the form of consultations, assistance and advice concerning use and updates of Sponsors or Co-sponsors web pages and correction of the defect. Sponsors and Co-sponsors shall be responsible for maintaining and updating Sponsors' and Co-sponsors content and Member entries.

Public content: The general public can access designated areas of The Toma Group web sites, but are required to register in order to access 'private' and/or ‘Members only’ accessible areas. When Members elect to post content, they grant MSOTW, LLC non-exclusive, royalty-free license to reproduce modify, adapt and publish such content solely for the purpose of displaying, distributing and promoting MSOTW, LLC and its services.

Notification: Sponsors and Co-sponsors shall promptly inform MSOTW, LLC of all questions, comments, events, occurrences or circumstances which could lead to a claim, demand or liability against MSOTW, LLC or of any defects or problems in connection with the hosting services, the MSOTW, LLC service and Sponsors’ or Co-sponsors’ web site(s) of which Sponsors or Co-sponsors have knowledge or suspicion.

Content Responsibility : Sponsors shall be responsible for monitoring and managing the content they and the public Users and Members upload, post, email and transmit via the service and shall delete, modify, edit and update the content to ensure that it conforms with this agreement, does not violate any applicable laws or regulations, and is not used for, or in connection with, any unlawful purpose. MSOTW, LLC does not control the content posted via Sponsors, Co-sponsors, Users or Members and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will MSOTW, LLC be liable in any way for any content, including, but not limited to, any errors or omissions, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via any of The Toma Group web sites.

Covenants: MSOTW, LLC is not responsible for accuracy or reliability of covenants or any other documents provided by Sponsors, Co-sponsors or Members for posting on The Toma Group web sites nor will they be held liable for any information that causes damage to the User, Member, Sponsor, or Co-sponsor. MSOTW, LLC recommends consultation with an attorney for any such actions.

Confidentiality : Sponsors and Co-sponsors shall hold proprietary information in strict confidence and shall not duplicate, use or disclose proprietary information except as otherwise permitted under this agreement.

Misuse of information : Sponsors and Co-sponsors shall not share, transfer or sell Member information (when acting on behalf of MSOTW, LLC in accordance with the privacy policy) for purposes other than Sponsor’s or Co-sponsor’s exclusive use. MSOTW, LLC is not liable for any damages Sponsors or Co-sponsors may incur from misuse of information.

Advertising agreements: Participation in promotions and offerings of advertisers/affiliates including their delivery, payment, terms, conditions and warranties are the sole responsibility and liability of Sponsors and Co-sponsors.

Sponsors and Co-sponsors Login, Password and Account Information: Sponsors and Co-sponsors shall maintain confidentiality of the login and password. Sponsors and Co-sponsors shall assume all responsibility and liability for harm and damages (direct, indirect, incidental and consequential) caused in connection with use of the login and password. Sponsors and Co-sponsors shall indemnify, release and hold harmless MSOTW, LLC from all liability, harm or damages (direct, indirect, incidental and consequential) caused in connection with use of the login and password.

Restrictions: Sponsors and Co-sponsors who enter into an agreement with MSOTW, LLC and Members who register for services must be at least 18 years of age.

Lawful purpose: The Toma Group web sites shall be used for lawful purposes only and shall not be used to conduct, or solicit the performance of, any business or activity which is tortuous or prohibited by law.
Sponsors and Co-sponsors shall not use The Toma Group web sites to:
 a)  Make any false, fraudulent or speculative statements; to post, transmit or store any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these terms and conditions.
 b)  Upload, post, email or otherwise transmit any content that Sponsors does not have a right to transmit under any law or under contractual relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
 c)  Impersonate any person or entity or falsely state or otherwise misrepresent another person or entity.
 d)  Upload, post, email, transmit or store any content that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
 e)  Upload, post, email, transmit or store chain letters, pyramid schemes or gambling services.
 f)  Spam or send numerous or bulk email messages.
 g)  Harm minors in any way.
 h)  Upload, post, email, transmit or store any material containing software viruses or other computer codes or programs created to limit or destroy computer functionality.
 i)  Violate any applicable local, state, national or international law or regulations set by the U.S. Securities and exchange commission and any regulations having the force of law.

International use: Sponsors and Co-sponsors agree to abide by all local, applicable laws regarding online conduct and transmission of data exported from the United States or the country in which Sponsors resides.

Prohibited activity : MSOTW, LLC may, at any time, and without advance notice or liability, terminate or restrict Sponsors and Co-sponsors access to all or any component of any of The Toma Group web sites, which may be harmful, tortuous or unlawful, as determined by MSOTW, LLC. MSOTW, LLC shall have the right to monitor Sponsors’ and Co-sponsors’ web site(s) and may, in its sole discretion, remove or delete any content. MSOTW, LLC shall have the right to view and disclose any content as permitted by law.

Warranty: MSOTW, LLC hereby represents and warrants that the services shall be provided on a reasonable efforts basis and shall conform to the standards generally observed in the industry for similar services.

Inaccuracies : Sponsors and Co-sponsors hereby acknowledge that the data on any of The Toma Group web sites may contain errors, inaccuracies and omissions. Sponsors and Co-sponsors shall assume any and all risk of loss, harm or damage associated with Sponsor’s and Co-sponsor’s access to and use of the MSOTW, LLC technology.

Use and Storage: Sponsors and Co-sponsors agree that MSOTW has no responsibility or liability for the failure to store, or the deletion of, any messages and other communications or other content maintained or transmitted by any of The Toma Group web sites. MSOTW, LLC reserves the right to log off accounts that are inactive for an extended period of time.

Limitation of Liability : MSOTW, LLC shall not be liable to Sponsors or Co-sponsors for any lost profits or consequential, exemplary, incidental or punitive damages, in connection with (i) use, performance or operation of any of The Toma Group web sites, their content or services; (ii) use, performance or operation of the internet or use of the internet by Users or Members; and (iii) loss of data, regardless of the form of action, whether in contract or in tort, including negligence, regardless of whether MSOTW, LLC has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable.

Indemnity : Sponsors and Co-sponsors agree to indemnify and hold MSOTW, LLC and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of, use of any of The Toma Group web sites, Sponsors or Co-sponsors connections to any of The Toma Group web sites, content submitted, posted or transmitted through any of The Toma Group web sites.

Export assurance : Sponsors and Co-sponsors shall not disclose, export, distribute or transfer any data to any third party individual or entity or any division, affiliate or subsidiary of Sponsors or Co-sponsors located in any country other than the United States. Sponsors and Co-sponsors shall not perform any act in conflict with or in violation of the export laws and regulations of the United States.

Member content : Programming, design errors, maintenance of any of The Toma Group web sites or services, or unauthorized access to any of The Toma Group web sites or services may result in the loss of Sponsor, Co-sponsor or Member content. MSOTW, LLC shall not be responsible for any loss of content.

Links: MSOTW, LLC and/or third parties may provide links to other World Wide Web sites and resources. Sponsors and Co-sponsors agree and acknowledge that MSOTW, LLC shall not be held liable for damages or misuse of content, advertising, products or other services provided by any such web sites.

Special Warning for Financial, Medical and Other Services : MSOTW, LLC shall not be liable for any direct, indirect, incidental or coincidental damages including those from loss of profits, goodwill, use, data or other intangible losses, resulting from (i) the use of any service or agreement with other companies (ii) the cost of procurement of goods and services (iii) statements, professional advice or conduct of any third party on the service.

Privacy policy: By using MSOTW, LLC services, Sponsors, Co-sponsors, Members and Users are accepting the practices described in the Privacy Policy and the Terms and Conditions of Use Agreement. Please see full Privacy Policy and Terms and Conditions of Use for complete details.

Violations: Please report any violations of the terms & conditions to info@TheTomaGroup.com.

Copyright © 2008 Marketing Services On The Web, LLC dba The Toma Group. All rights reserved.

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