AGREEMENTS OF SERVICE
This is an agreement between Marmasco Technologies Private Limited (Marmasco) existing in Zimbabwe as a registered company (REG 86/2019) in accordance with the constitution of the Republic of Zimbabwe, and the Client, the later being the user of this website and or its services. This agreement is effective from the day the Client visits this website and proceed with further actions. By continuing to use this website or its services, the Client agrees to these terms and any future updates.
(a)1. The Internet is an amazing tool. It has the power to change the way we live, and we're starting to see that potential today. With only a few mouse-clicks, you can follow the news, look up facts, buy goods and services, and communicate with others from around the world. It's important to Marmasco to help our customers retain their privacy when they take advantage of all the Internet has to offer.
2. We believe your business is no one else's. Your privacy is important to you and to us. So we'll protect the information you share with us. To protect your privacy, Marmasco follows different principles in accordance with world-wide practices for customer privacy and data protection.
(3)i We won't sell or give away your name, mail address, phone number, email address, credit card number or any other information to anyone.
(3)ii We'll use state-of-the-art security measures to protect your information from unauthorized users.
1. We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. Generally this information is requested when you create a username on the site or when you download free software, enter a contest, order e-mail newsletters or join a limited-access premium site. We use your Personal Information for four primary purposes:
(2)i. To make the site easier for you to use by not having to enter information more than once.
(2)ii.To help you quickly find software, services or information.
(2)iii. To help us create content most relevant to you.
(2)iv. To alert you to product upgrades, special offers, updated information and other new services from Marmasco.
1.If you choose not to register or provide personal information, you can still use most of marmasco.com. But you will not be able to access areas that require registration.
2. If you decide to register, you will be able to select the kinds of information you want to receive from us by subscribing to various services, like our electronic newsletters. If you do not want us to communicate with you about other offers regarding Marmasco services, programs, events, or updates by e-mail, postal mail, or telephone, you may select the option stating that you do not wish to receive marketing messages from Marmasco.
1. We will provide you with the means to ensure that your personal information is correct and current. You may review and update this information at any time at the Visitor Center. There, you can:
(1)i. View and edit personal information you have already given us.
(1)ii. Tell us whether you want us to send you marketing information, or whether you want third parties to send you their offers by postal mail.
(1)iii. Sign up for electronic newsletters about our services and products.
(1)iv. Register. Once you register, you won't need to do it again. Wherever you go on marmasco.com, your information stays with you.
1. has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honored. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
2. We guarantee your e-commerce transactions to be 100% safe and secure. When you place orders or access your personal account information, you're utilizing a secure server software SSL, which encrypts your personal information before it's sent over the Internet. SSL is one of the safest encryption technologies available.
3. In addition, your transactions are guaranteed under our Fake Order and Deposit Policy. This policy states that your bank cannot hold you liable for more than $50.00 in fraudulent credit card charges. If your bank does hold you liable for $50.00 or less, we'll cover your liability provided the unauthorized, fraudulent use of your credit card resulted through no fault of your own and from purchases made from us over our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
4. Marmasco strictly protects the security of your personal information and honors your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
5. Your personal information is never shared outside the company without your permission, except under conditions explained above. Inside the company, data is stored in password-controlled servers with limited access. Your information may be stored and processed in Zimbabwe or any other country where Marmasco, its subsidiaries, affiliates or partners are located.
6. You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your user name and password, so do not share these with others.
e. NOTICE TO PARENTS
1. Parents or guardians: we want to help you guard your children's privacy. We encourage you to talk to your children about safe and responsible use of their Personal Information while using the Internet.
2. The Marmasco site does not publish content that is targeted to children. However, if you are concerned about your children providing Marmasco any personal information without your consent, you must contact us
g. CUSTOMER PROFILES
1. As mentioned above, every registered customer has a unique personal profile. Each profile is assigned a unique personal identification number, which helps us ensure that only you can access your profile.
2. When you register, we create your profile, assign a personal identification number, then send this personal identification number back to your hard drive in the form of a cookie, which is a very small bit of code. This code is uniquely yours. It is your passport to seamless travel across marmasco.com, allowing you to read information, order services, and request support service without having to fill out registration forms with information you've already provided. Even if you switch computers, you won't have to re-register - just use your username to identify yourself.
h. WHAT WE DO WITH THE INFORMATION YOU SHARE
1. When you join us, you provide us with your contact information, including your name and email address. We use this information to send you updates about your order, questionnaires to measure your satisfaction with our service and announcements about new and exciting services that we offer. When you order from us, we do not ask for your credit card number, but we need your billing address. We use this information only to bill you for the product(s) you order at that time. For your convenience, we do save billing information in case you want to order from us again, but we don't use this information again without your permission.
2. We occasionally hire other companies to provide limited services on our behalf, including accounting. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.
3. Marmasco will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Marmasco Technologies Private Limited or the site; (b) protect and defend the rights or property of Marmasco and its family of Web sites, and, (c) act in urgent circumstances to protect the personal safety of users of Marmasco, its Web sites, or the public.
4. When you visit marmasco.com, we will collect information from your device, this include only your internet IP address, your referer URL and your browser information. Marmasco stores information in your device using cookies. These help our system to interpret your intentions correctly.
a. SERVICES TO BE PERFORMED
1. Marmasco hereby agrees to perform domain name search and registration, or transfer, or modification services for the Client as provided in and subject to the terms and conditions of this Agreement.
2. the Client shall be responsible for, within 7 business days from the date of this Agreement, providing Marmasco with a list of 1 and no more than 3 desired domain names, listed in order of preference.
3. Upon receipt of the above referenced list of desired domain names, Marmasco shall search such names for availability in order of preference stated by the Client. Marmasco shall search such desired names until the first such name is shown to be available. Upon determining that such name is available, Marmasco is hereby given the authority as the Client's agent and attorney in fact, to take all steps necessary to register, transfer or modify such domain name. While the Client can use the provided online search facility, Marmasco assumes the finally submitted domain has been explicitly requested for facilitation according to this agreement.
1. In consideration of the services to be performed by Marmasco hereunder, the Client agrees to pay upon execution of this Agreement and prior to Marmasco performing any services hereunder, an amount equal to that appears on marmasco.com as a service fee for performing the domain name search and registration or transfer or modification on behalf of the Client.
2. Additionally, upon execution hereof, the Client shall pay Marmasco an amount equal to that appears on marmasco.com to cover the fee for initial registration or transfer or modification of such domain name.
1. Marmasco acknowledges and agrees that the Marmasco Technologies Private Limited shall not own any right, title or interest in and to any registered domain name pursuant to this Agreement and that the domain name registered for the Client shall be owned by the Client and not by Marmasco.
2. the Client acknowledges that this agreement can only be made as between the potential rights of the Client and Marmasco and that Marmasco cannot represent that a third party will not have or claim right in and to any domain name that is registered under the terms of this Agreement.
d. AVAILABILITY OF THE DOMAIN NAMES
1. In the event that none of the domain names on the Client's list are available for registration, Marmasco shall inform the Client of this fact. Thereafter, the Client shall be responsible for providing another listing of 1 to 3 desired names.
2. Upon receiving the second list of desired names, Registrant shall search such names and register the first available name based upon the Client's ordered preference. If no name is available following the search of the second list of names, Marmasco shall so inform the Client and the Marmasco shall have no further obligations to the Client with respect to the domain name.
3. Upon receipt of such notification, the Client shall elect whether to continue with the search process, in which event another service fee shall be payable to Marmasco, less any amount paid to the registrant for the price of the domain name.
4. Upon election to continue with the process, the Client shall submit another list of desired names listed in order of preference along with payment of the second service fee. Upon receipt of the new preference list and the second services fee, the registration process described above shall be reinitiated.
5. If the Client does not wish to go forward upon receipt of the notice that the desired names are not available after providing two desired lists, the service fee shall be retained by Marmasco for services rendered and the Client shall be entitled to a refund of any amount paid to Marmasco for the actual cost of paying for the registration or registration to a third party.
6. Following registration of a desired domain name, Marmasco shall inform the Client and provide the Client with all relevant registration information, numbers and passwords.
7.the Client represents, warrants, acknowledges and agrees that Marmasco cannot guarantee that any desired name will be available for registration. Marmasco is not responsible for any third party who may have registered or in the future may register any of the names desired by the Client or the assertion of any rights in and to such names by any third party.
1. the Client represents and warrants to Marmasco that the names provided on any preference list shall not infringe upon the trademarks or other proprietary rights of any other party and that the Client is the bona fide owner of all proprietary rights associated with each such name.
2. the Client acknowledges that Marmasco has informed the Client that a comprehensive common law trademark search should be performed prior to selecting any domain name for registration to determine whether such name could infringe upon the proprietary or trademark rights of any third party.
3. the Client hereby represents, warrants and agrees that it has had a trademark search performed with respect to such name and that the Client assumes any and all responsibility or liability that may arise from the registration and/or use of any domain name registered.
4. the Client shall indemnify and hold Marmasco harmless from and against any assertion of potential proprietary rights by any third party, including but not limited to attorney fees in addressing any such situation.
5. Notwithstanding the above, Marmasco does not assume any responsibility for addressing any claimed infringement that may arise from the registration or use of any domain name that is registered.
1. the Client shall be responsible for renewing any domain name registered hereunder and Marmasco shall provide information about dates, fees and conditions for renewal of domain name registered under this agreement.
1. the Client acknowledges and agrees that Marmasco's services provided hereunder are provided on an as is basis, without warranty of any kind, including, but not limited to, any express or implied warranties of merchantability or fitness for a particular purpose.
2. the Client further agrees that Marmasco shall not be liable for any loss of profits, loss of use, business interruption or any direct, indirect, incidental or consequential damages of any kind to any party, including but not limited to the Client.
a. PROPRIETARY INFORMATION
1.Proprietary information exchanged here under shall be treated as such by the Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing.
2. the Client further agrees to not decompose, disassemble, decode or reverse engineer any Marmasco program, code or technology delivered to the Client or any portion thereof.
1. Marmasco will exercise no control whatsoever over the content of the information passing through the network, email or web site;
2. but limits this freedom from letting the Client transmit spamvertised content or phishing material.
1. Marmasco makes no warranties or representations of any kind, whether expressed or implied for the service it is providing.
2. Marmasco also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client.
3. Use of any information obtained by way of Marmasco is at the Client's own risk, and Marmasco specifically denies any responsibility for the accuracy or quality of information obtained through its services.
4. Connection speed represents the speed of an end-to-end connection. Marmasco does not represent guarantees of speed or availability of end-to-end connections.
5. Marmasco expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Marmasco specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
d. TRADEMARKS AND COPYRIGHTED MATERIAL
1. the Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
e. TERMINATION AND SUSPENSION
1. Marmasco may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events:
1.i) failure to comply with any provisions of the Agreement upon receipt of written notice from Marmasco of said failure,
1.ii) appointment of Receiver or upon the filing of any application by the Client seeking relief from creditors,
1.iii) upon mutual agreement in writing of Marmasco and the Client.
2. Marmasco will suspend or terminate the Client account or service if the following is detected or reported:
2.i) adult content of any kind,
2.ii) warez or hacking or phishing sites,
2.iii) mass mail or spam sending scripts,
2.iv) proxy scripts, shell scripts, online gaming scripts, file/image sharing scripts, paid-to-surf, auto-surf, buxto, torrent scripts,
2.v) sites designed to file sharing or archive or backup or mirroring purposes,
2.vi) malicious websites, and site without an index file in public_html,
2.vii) the Client upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable,
2.viii) harm minors in any way,
2.ix) impersonate any person or entity,
2.x) the Client forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service,
2.xi) the Client upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment,
2.xii) the Client upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose ,
2.xiii) the Client upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party,
2.xiv) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
1. If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
1. the Client shall indemnify and hold Marmasco harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Marmasco directly or indirectly arising from or in connection with the Client's marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by the Client.
1. Billing cycle is chosen by the Client during signup.
2. Marmasco will suspend service after 7 days of non-payment, and terminate after 14 days from day of suspension.
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This Agreement states the entire agreement and understanding between the parties with respect to each subject matter hereof and supercedes all other agreements, whether oral or in writing, between the parties relative to each subject matter hereof. Marmasco Technologies Private Limited reserves the right to amend this agreement, and notify only through the contact specified by the Client in our system during or after registration. This Agreement shall be interpreted under the laws of the Republic of Zimbabwe and any legal action instituted hereunder shall be brought in the courts of the Republic of Zimbabwe.