SUBSCRIPTION AGREEMENT

Subscription Agreement for ACCESSCOUNTS

PLEASE SCROLL DOWN AND READ THE FULL SUBSCRIBER AGREEMENT.

Thank you for your interest in ACCESSCOUNTS! ACCESSCOUNTS offers subscriptions for website design, website maintenance, and website update services. This Subscriber Agreement (this “Agreement”) governs your use of the active subscription content from accesscounts.com (including without limitation, the ACCESSCOUNTS support portal, submitting support tickets, and subscription management). The following agreement should be considered a month-to-month contract which can be cancelled anytime as per the full details of our Cancellation Policy. Services include and are not limited to services located at www.accesscounts.com > Menu > Elite Services (collectively, the “Services”). All ACCESSCOUNTS services can also be changed at any time as described in accesscounts.com Terms of UsePrivacy Policies, and general policies. 

ACCESSCOUNTS services can be provided either directly by Access Data Management Services LLC and its subsidiaries (“we” , “us” , “our”) or through various third party platforms and devices (e.g., mobile and tablet apps) with respect to the subscription membership (“Membership”). You may contact ACCESSCOUNTS at 10773 NW 58th St #265 Doral FL, 33178 or by calling 800-928-5087. Please read the entirety of this Agreement for subject descriptions and disclaimers related to third party tools, data, privacy among other important information. If you have access to, or are using, a service without having completed our registration process, you are hereby notified that your continued use of that service is also subject to the Terms and Conditions of this Agreement. This contract explains what you can expect from us, and what we expect from you. If you agree to what you read below, you should sign below at the end of this contract to acknowledge that you have agreed. If you do not agree to be bound by the terms of this Agreement, you should not sign below but you will not be able to proceed with the registration process for the respective Service and become a subscriber. You agree that this is legal and binding. Only by signing below will you be able to gain access to our services.

1. Changes to Subscription Agreement

We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically (including without limitation, by email, text/ SMS message, or by posting a notice on the Service that the terms have been “updated” or similar words). By using a Service after changes are made to this Agreement you signify that you agree to be bound by such changes.

2. Access and Services

Your access to the various services available on this system depends on the level of access you select by subscribing to an available subscription plan. You may change or discontinue your subscription at any time. We reserve the right to modify, suspend or terminate access to the service on our system at any time in connection for directly or indirectly not following the terms of this Agreement or for any reason without notice, including the right to require you to change your login identification code or password. We also reserve the right to disable or delete all program and data files associated with your account and/or other information you have on our system. By use of your ACCESSCOUNTS subscription, you give ACCESSCOUNTS complete access to build and maintain your website(s) with full undivided access to manage your website(s) accounts. This means that you are responsible for presenting the content you want displayed on your site to ACCESSCOUNTS but ACCESSCOUNTS will always be the one to make all changes on your website(s). We store your websites files to keep your website running but there is no guarantee that we will keep that data stored. In the event that a subscription is cancelled, the data given to ACCESSCOUNTS to be used to create and/or manage your website(s) will not be transferrable to you or to any third-party provider(s). We may internally store only enough files to keep the website(s) running in the event you decide to reactivate your website(s). There is no guarantee that we will keep data stored that was provided to us by the subscriber for a current or past version of a service which includes services that were deactivated or services, in the process of being deactivated, or in which the data was changed in general. If you want to manage your own website, you will have to create your website(s) independently as we do not transfer website data. ACCESSCOUNTS will not be held liable or put our systems at risk. If as a subscriber you decided to come back in the future, we may reactivate any data previously stored in our services if applicable and available. If the website(s) data was lost due to an inactive subscription or lost for any reason, the data that was lost would have to be created again based on your instructions. Restructuring a website and its services due to lost data will be held to the same level of time expectancy as a new subscription account as ACCESSCOUNTS processes the subscribers instructions. ACCESSCOUNTS will create, maintain, and update your website(s) to the fullest capabilities of our systems.

All services offered can be located at accesscounts.com and each service is managed only by ACCESSCOUNTS for active subscribers. Active subscribers are subscribers who are up to date with their monthly subscription payments.

ACCESSCOUNTS reserves the right to refuse membership to any applicant and membership is revocable without cause. Membership is subject to all rules adopted by ACCESSCOUNTS including our Privacy Policy and practices, and they may be amended from time to time without notice. ACCESSCOUNTS users will be offered a paid subscription service to the website (“Paid Services”). With respect to Paid Services, you must be 18 years of age or older to purchase a subscription to the Services or any other content, product, or service offered by us through the Services. If you are less than 18 years of age and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf and to be the subscriber of this Service. You agree to pay the subscription fees and any other charges incurred in connection with your account for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges automatically to your credit or debit card saved to your ACCESSCOUNTS account.

Report any concerns for any ACCESSCOUNTS subscription immediately to [email protected]

3. Subscription Term, Cancellation and Renewals

To terminate month-to-month membership agreement, you are required to cancel directly within your ACCESSCOUNTS support portal. Cancellations made through the support portal will be noted immediately and your website deactivation tasks will be processed in the order received. You may cancel your subscription prior to any renewal term by following the procedures described in the cancellation and refund policy in our Cancellation Policy.

Please note: Once a subscription is cancelled, there is no guarantee that the website will remain actively online (live) until the end of the subscription cycle. There is no guarantee that you will have access to the same tools you had when the subscription was active. For more elaborate information on this, please check our Cancellation Policy.

Subscriptions may be terminated at ACCESSCOUNTS’ discretion. This Agreement shall remain in full force and effect while you use the Services. With respect to Paid Services, your subscription will renew monthly until it is cancelled in accordance with this Section. You must cancel your subscription before it renews to avoid billing of subscription fees for the renewal term to your registered payment method such as a credit card, debit card, or ACH transfer allowed by ACCESSCOUNTS systems at any given time. Using the subscription system to purchase or cancel subscriptions or website boosters for any malicious purpose(s) could result in damages to the fullest extent of the law.

4. ACCESSCOUNTS Fees and Payments

As a convenience to me, I authorize my bank, credit card/ debit card to make monthly payments to ACCESSCOUNTS, including monthly dues, late fees, and any past due amounts. I agree that the treatment of such payment shall be the same as if it were signed personally by me.

Once monthly subscriptions are activated, they are charged every 30 days to the debit card or credit card, or ACH payment information saved on your account starting from the date of activation. Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and the monthly subscription plan selected and made a part of this agreement hereof. Notwithstanding any prices listed in ACCESSCOUNTS literature or on Web pages managed by ACCESSCOUNTS. The subscriber and Access Data Management Services LLC agree that the monthly services agreement will be charged as agreed from the initial contract date until updated by ACCESSCOUNTS. The subscriber agrees to pay to Access Data Management Services LLC any pending balance(s) owed. All amounts must be in U.S. Dollars. Website boosters added to a subscription will be charged together with the monthly subscription plan. Website boosters that are added after signing up to a subscription will be charged at a pro-rated rate at the time of purchase and the total website booster charged will then be charged along with the monthly subscription fee each month. In the event a website booster is cancelled, the charge for the website booster will be discontinued starting on the next billing cycle. Please visit our Cancellation Policy for more information. Payments are as stated on this contract and supporting reference links at www.accesscounts.com regardless of third-party marketing promotions, features, etc. We do provide ways for our subscribers to accept payments from their customers, but not by managing their online stores or directing their bank account information to third party providers. As a subscriber, you can create your online store on a third-party recommended service such as Amazon, Ebay, or Shopify and follow the instructions in your ACCESSCOUNTS account to send us the information we need to link your third-party online store to your ACCESSCOUNTS website(s). You can also set up a payment gateway account with a payment processor such as Stripe or Paypal and follow the instructions in your ACCESSCOUNTS accounts to send us the information we need to link your third-party payment processor to your applicable website booster such as Customized Forms.

ACCESSCOUNTS holds the full rights to freeze or cancel your website account content after just one overdue payment. Depending on the subscription packages we have available at any given time, we may charge you a standard monthly subscription fee for using our system as well as additional website booster fees depending on the type of service options you have selected. You should review the complete and current price list before signing up for any services. You will be given the opportunity to set your initial payment method when you sign up and can pay by credit or with debit card or any payment method available by ACCESSCOUNTS. You can cancel your account at any time, but you will remain liable for all charges accrued up to the date of cancellation, including full monthly charges for the month for which you discontinued service. We reserve the right to change our fees at any time for any reason, but, whenever possible, we will give you at least one month's advance notice of such change.

Subscriptions cancelled within the 30-day satisfaction guarantee period (cooling off period) are subject to a $99 cancellation fee. Website boosters cancelled within the satisfaction guarantee period are subject to a $4.99 cancellation fee per website booster. Please visit our Cancellation Policy for more details about our refund policies. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. Refunds are only applicable for initial purchases and not renewal subscriptions that were re-activated for the same website. In other words, the cancellation period does not apply to renewal subscriptions or renewal website boosters. Using the subscription system to purchase subscriptions or website boosters for any purpose(s) other than for the activation of the product/service could result in damages to the subscriber at the fullest extent of the law. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance and an opportunity to cancel. If you need to update your payment information details or want to use a different credit or debit card, please visit your ACCESSCOUNTS support portal to make changes. Only valid alternate payment methods are acceptable to change primary payment method in the ACCESSCOUNTS support portal. If you believe someone has accessed your service account using your username and password without your authorization, please immediately notify us by contacting customer support at [email protected]. You are responsible for any fees or charges incurred to access the service through an Internet access provider or other Third-Party service.

5. Domain Names/ URL’s

As a subscriber, your initial website comes with a website address (URL) included with the activation of your subscription. In the event the URL you choose during registration is not available or over a $19.99 online price, ACCESSCOUNTS will reach out to you for you to choose a different URL. If the URL you desire is available but is over the $19.99 online price, you will have to pay the difference in cost before the website URL can be used to host your website. If ACCESSCOUNTS has not been able to make contact with the new subscriber on the account within (72) hours after the initial purchase of the monthly subscription plan, ACCESSCOUNTS has the right to populate a URL chosen by ACCESSCOUNTS. If a URL is chosen by ACCESSCOUNTS and the subscriber would like to change the URL to an available URL, a URL Change website booster can be purchased in the subscriber’s ACCESSCOUNTS portal to be updated on the subscriptions website.

Premium URL’s (URLs with much higher-than-normal online prices due to common words in the URL) must be purchased independently by you and then transferred over to ACCESSCOUNTS. Note that during your ACCESSCOUNTS registration and/or after the subscription is active, you should verify the desired URL cost for the URL you intend to use on your website. URL costs can be verified on a reputable online host provider such as GoDaddy.com or NetworkSolutions.com. For guidance or questions on this please reach out to customer service at [email protected]. If ACCESSCOUNTS service is cancelled, the premium domain will be transferred to the subscriber’s private host free of charge (limit of one premium domain per account).

You can purchase an URL Change website booster to change your websites address/ URL (this also applies if a subscription account was inactive for more than one year after initial activation). URL Change website boosters or website boosters in general can be purchased within your ACCESSCOUNTS support portal or at the time of registration. URLs are managed by ACCESSCOUNTS and purchased from reputable third-party service providers.

URL’s that are purchased independently and transferred to ACCESSCOUNTS will not increase or decrease total subscription monthly charge amount. All websites managed by ACCESSCOUNTS may only be hosted by an ACCESSCOUNTS account without exceptions. We do not export website content; however, we do transfer already purchased domains/URLs by purchase of a URL Transfer website booster. Sub-domains (i.e. Richard.storycount.com) or URL Forwarding (forwarding your domain to another domain) can be done by submitting a support ticket in your ACCESSCOUNTS support portal as long as the domain being forwarded to is being managed by ACCESSCOUNTS and is in compliance with this Agreement. SSL certificates will be personal SSL certificates.

6. Third Party Websites, Services and Software

Your use of any third-party websites, content, data, information, applications, goods, services, or materials (collectively, “Third Party Services”) does not constitute an endorsement by, nor does it incur any obligation, responsibility, or liability on our part or of our affiliates. We do not verify, endorse, or have any responsibility for Third Party Services and any third-party business practices (including, without limitation, their privacy policies), whether the Services' or our logo and/or sponsorship identification is on the Third-Party Services as part of a co-branding or promotional arrangement or otherwise. Accordingly, we encourage you to be aware if leaving the Services to read the terms and conditions and privacy policy of each Third-Party Service you use. Simply because a third-party functionality is available for integration with ACCESSCOUNTS services today does not ensure that it is guaranteed as part of your monthly subscription. ACCESSCOUNTS makes its best efforts to provide consistent subscription package elements, but the adding or subtracting of subscription benefit elements will not affect the subscriptions’ total monthly charges unless determined by ACCESSCOUNTS (this includes but is not limited to third party website builders, third party support applications, or third-party applications in general). ACCESSCOUNTS can use various third-party services to help ensure a complete subscription service to its subscribers.

7. Subscriptions / Website Boosters Policies

By subscribing to a Service, you are subject to our Subscription policies which can be found on this contract, at accesscounts.com by clicking Terms of UsePrivacy Policy, and Cancellation Policy. Please read these carefully as they set forth our refund, cancellation and pricing policies and other important information. We reserve the right to change these policies at any time and you should refer to them frequently to ensure you are aware of current policies.

Some subscription features may vary due to third-party policies/updated third-party disclaimers. Subscription benefits/elements or website booster accuracy or consistency is not guaranteed. Website consistencies and/or customizations are based on the full capabilities of ACCESSCOUNTS systems in correlation to the subscriber providing instructions to ACCESSCOUNTS to achieve the subscriber’s desired result at any given time. There is no guarantee to the amount of support tickets or requests it will take to achieve a subscriber’s desired result for their website. Subscribers can provide information such as a new physical address, specification if their website is an online only business or web page, or any website instructions. Some requests may take anywhere from 2 to 4 weeks to complete or finalize a support ticket while others may take more or less time depending on availability and type of request. Other requests may not be able to be completed or achieve the desired result of the subscriber. ACCESSCOUNTS makes an ongoing effort to accommodate all requests and to respond to support tickets as soon as possible Monday through Friday from 9AM to 5PM EST. ACCESSCOUNTS is to be held harmless from any damages to a subscriber as a result from any downtime of a website during an active subscription, turnaround-time for support ticket requests, website subscription details, website booster details, website maintenance, website security, subscription plan benefits compared to other ACCESSCOUNTS subscriptions, website functionalities, subscription and/or website booster functionalities, etc.

If subscriber upgrades or downgrades a subscription, the new subscription plan type will be applied to the subscriber’s subscription. The data from previous subscription plan types will be removed and there is no guarantee that the data will be stored for future use in the event the subscription is changed to that subscription type again. If the subscription is upgraded or downgraded back to a subscription package that was used previously and the data was not stored, the subscriber will have to provide the data and instructions again to ACCESSCOUNTS via support tickets until the support ticket is complete. Subscription package types and instructions given to make changes on web pages can have an impact on search engine optimizations such as Google and Bing.

8. Website Management

Subscription plans will be developed and maintained through the simultaneous use of either private technologies, software applications or public third-party applications. Designing a web site to work in multiple browsers (and browser versions), mobile versions, and tablet versions can require considerable extra effort from ACCESSCOUNTS to maintain. It could also involve creating multiple versions of code/pages for a subscription. This is why it is solely the subscriber’s responsibility to review any of their subscriptions website versions for any changes to be made and inform ACCESSCOUNTS through an ACCESSCOUNTS support ticket. ACCESSCOUNTS does not guarantee a specific website, mobile, tablet or desktop result/visual as is not responsible for subscriber website content including but not limited to: Privacy Policies, Terms and Conditions, physical addresses, typos, quality preferences, etc. There is no guarantee that a subscription website, website booster, or work provided by ACCESSCOUNTS will look a specific way, achieve a specific result, have desired functionality, always be online, market your products and services “correctly,” complete a desired task in a specific time frame, contain a desired template, or be held to the standards of “common sense.” There is also no guarantee that the service provided by ACCESSCOUNTS for any monthly subscription package will replicate any other service provided to other subscription accounts. Changes to all websites will only be instructed by the main subscription account holder by submitting a support ticket via the subscribers ACCESSCOUNTS account support portal. It is each subscriber’s responsibility to communicate to ACCESSCOUNTS any website issues or lack of functionality so that ACCESSCOUNTS can address the issue. End results are again not guaranteed but ACCESSCOUNTS will make an effort for the end result to align as much as possible with the instructions of the support ticket taking into consideration all available website account data information such as but not limited to bandwidth/memory of the current subscriber’s subscription plan, website speed, feedback recommended to subscribers, etc. Access Data Management Services LLC represents and warrants that the web site we design for you is intended for use in updated browser versions of:

• Internet Explorer

• Google Chrome

• Safari

• Mozilla Firefox

• Microsoft Edge

While Access Data Management Services LLC will make reasonable efforts to design a fully functional web site, Access Data Management Services LLC’s subscription plans do not cover AOL, text-based browsers or requested special effects that we have advised you against. We can use free third-party pictures when creating your initial website or anytime after your initial website goes online (live) until the subscriber instructs and changes.

Support tickets must always be submitted to record website progress. It is the responsibility of the subscriber to communicate any subscription elements such as favicons or pages that are missing. Subscription charges will not be lowered for any uncommunicated or communicated missing elements that could be delayed when making the content live. Support tickets may experience delays due to high workloads, down-time, holidays, etc. ACCESSCOUNTS may close a support ticket at any time if the support ticket is believed to be satisfied and/or if no further subscriber responses are received. ACCESSCOUNTS may also close a support ticket to await subscriber responses. By use of our services, you give us permission to text and/or e-mail you with important updates and/or support ticket updates to your website(s). All subscription benefits are not guaranteed to be up at any given time. It is the responsibility of the subscriber to keep an eye on website content (i.e., pictures or descriptions).

Copyright to the finished web design site produced by Access Data Management Services LLC will be owned by Access Data Management Services LLC. The subscriber will be assigned rights to update the subscription website using identified service support tickets once the sign-up process and payment under this Agreement and any website booster charges have been paid. Rights to photos, graphics, source code, work-up files, and computer programs specifically are not transferred to the subscriber and remain the property of their respective owners. Access Data Management Services LLC retain the right to display graphics, URLs and other Web Design elements of your active or deactivated subscription as examples of our work in our respective portfolios or websites. Some subscription plans may contain a copyright/legal statement with a link to Access Data Management Services LLC's design services website. The subscriber unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Access Data Management Services LLC for inclusion in the subscription website are owned by the subscriber, or that the subscriber has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Access Data Management Services LLC and its possible affiliate/sub-contractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the subscriber.

The initial web site will be published to ACCESSCOUNTS’ chosen hosting service after the successful sign-up payment and within the time frame to process the sent over materials. The subscriber understands that Access Data Management Services LLC does not provide any hosting services, web-design tools, and/or web maintenance tools directly in connection with any subscription plan. Access Data Management Services LLC reserves the right, and you hereby agree, to possibly assign sub-contractors to your subscription plan to ensure that the terms of this agreement are met as well as better completion times.

For People with Disabilities – Access Data Management Services LLC's standard is to meet the recommended guidelines for all website(s) in active subscription plans with ACCESSCOUNTS. Without sacrificing quality and design, we try to ensure that the formats and functions we build into our websites are available to all visitors. If you have any recommendations on how to improve this part of our service(s) please send us an e-mail to [email protected].

Access Data Management Services LLC and the subscriber must work together to complete support tickets in a timely manner. We agree to work expeditiously to complete the support ticket request after subscriber has submitted all necessary materials (timelines vary depending on high work-load times or large requests). If the subscriber does not supply Access Data Management Services LLC with complete text and graphics content of the request, or respond to questions/clarifications from ACCESSCOUNTS, the support ticket will be closed until reopened by the subscriber’s response. All support ticket results can be seen in the subscribers ACCESSCOUNTS account support portal. 

9. System Rules

You agree to be bound by certain rules that are important for the proper use of this service. Your failure to follow these rules, whether listed below in the contract, sent in text/SMS messages (data rates may apply), sent via ACCESSCOUNTS email, or in bulletins posted at various points in the system, may result in termination of your service.

- At no point should subscriber share ACCESSCOUNTS subscription login information or let account be used by anyone except the subscriber.

- Using ACCESSCOUNTS services for any unlawful purpose.

10. User Generated Content

We require you to register to access and use certain of our community tools/areas. We require that you use your own first and last name and your username for these community areas. With certain exceptions, when you register for these community areas, we will prefill your username with the username you selected for your account. It is your responsibility to choose your username and password wisely. If you have concerns or believe that someone is using your username or password without your authority, please immediately contact customer service at [email protected]. We reserve the right to disclose any information about you, including registration data, in order to, among other things, comply with any applicable laws and/or requests under legal process, protect our property or rights, and safeguard the interests of others, as disclosed in more detail in our Privacy Policy.

We offer you the opportunity to comment on and engage in discussions regarding our content. Any content, information, graphics, audio, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities are referred to as "User Content" in this Agreement and are subject to various terms and conditions as set forth below.

You understand and agree that User Content includes information, views, opinions, and recommendations of many individuals and organizations and is designed to help you gather the information you need to help you make your own decisions. Importantly, you are responsible for your own investment decisions and for properly analyzing and verifying any information you intend to rely upon. We do not endorse any recommendation or opinion made by any user. We do not routinely screen, edit, or review User Content. However, we reserve the right to monitor or remove any User Content from the Services at any time without notice. You should also be aware that other users may use our Services for personal gain. As a result, please approach messages with appropriate skepticism. User Content may be misleading, deceptive, or in error.

If you upload, post, or submit any User Content on an ACCESSCOUNTS Service, you represent to us that you have all the necessary legal rights to upload, post or submit such User Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting or submitting information on the Services, you grant ACCESSCOUNTS, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable right and license to use, distribute, publicly perform, display, share, translate, adapt, reproduce, and create derivative works from your User Content in any and all media or technology, now known or later developed, in any manner, in whole or part, with or without attribution, without any duty to compensate you.

You waive all moral rights you may have in any User Content. You agree that we may modify or alter your User Content without seeking further permission from you. You also grant us the right to authorize the use of User Content, or any portion thereof, by Subscribers and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your User Content specifically on the Services and to allow other Subscribers or users to request access to your User Content, such as for example through an RSS Feed. You agree that you are financially responsible for any claim against us arising from any User Content you create.

We may also remove any User Content for any reason and without notice to you. This includes all materials related to your use of the Services or subscription, membership, including email accounts, postings, profiles, or other personalized information you have created while on the Services. All users must comply with all our community rules showcased on www.accescounts.com as well as in subscriber notifications such as our Notification Policy. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.

11. Privacy Considerations

Your communications on this system are, in most cases, viewed only by you and anyone to whom you address your message. However, as system operators, we may need to review or monitor your electronic mail and other communications from time to time. In addition, we reserve the right to copy and distribute to third parties any information associated with your activities on the system. Therefore, you should not expect to have a right to privacy in any of your communications. We respect your right to privacy. Our Privacy Policy outlines our policies and practices in detail. Please view/read the privacy statement.

Registration data and other information about you are subject to our Privacy Policy. Your information may be stored and processed in the United States or any other country where ACCESSCOUNTS has facilities, and by using a Service online, you consent to the transfer of information outside of your country. If you access a Service using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to a Service, they will have the ability to view information about your account and make changes through the website for the Service which you will be responsible for. Similarly, if you tell someone the answer to your security question for a Service, they will be able to request information about your account and make changes through a customer service support ticket by gaining access to the main e-mail of your account or your phone number. You agree to notify us promptly if you change your billing and email address so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address shall be deemed sufficient notice.

12. Availability of Service through other Platforms; Third Party Payment Services

If you access a Service through a mobile application or other type of third-party platform, the applicable End User License Agreement for the mobile service through which you downloaded the mobile application may apply in addition to the terms of this Agreement and you agree that you are subject to such application or platforms terms in addition to this Agreement.

With respect to Paid Services, we may use a third-party not affiliated with us to process payments for a Service (a “Third Party Processor”). You agree that this Third-Party Processor is solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems. When using such Third-Party Processor, you may be subject to additional terms of use/service and privacy policy(ies) of the Third-Party Processor. You agree to hold ACCESSCOUNTS harmless from third-party malfunctions such as payment processing errors including third-party processors you integrate to ACCESSCOUNTS by providing ACCESSCOUNTS a suitable integration code.

13. Proprietary Rights

By posting messages, uploading files, inputting data, or engaging in any form of communication on our system, you are hereby granting to the public an unrestricted license to use, copy, modify, adapt, or document in any form any communications, information, or any underlying work in which you may possess proprietary rights, including but not limited to copyright rights. All users of the system are therefore deemed to have disclaimed or waived all copyright ownership rights in their messages or files, even if they contain copyright notices. You shall have absolutely no recourse against us as the system provider for any alleged or actual infringement of any proprietary rights to which you may claim ownership.

Your use of our system affords you access to many of the features of our system, but some aspects of our system remain within our exclusive proprietary control. We or our suppliers own the intellectual property rights to all protectable components of our system, including but not limited to the computer software, the related documentation, the end-user interfaces, the name of our system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. In addition, you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system that we or our suppliers own.

14. Contest and Promotions

From time to time, we, our advertisers, suppliers, or other parties may conduct promotions and other activities on, through or in connection with one or more of the Services, including, without limitation, contests and sweepstakes (collectively, “Promotions”). In some case, you may be able to win a prize (“Prize”) as part of a Promotion. Each Promotion may have Additional Terms and/or Rules or eligibility requirements which shall be posted or otherwise made available to you in connection therewith in accordance with applicable law.

15. Limitation of Liability and Disclaimers of Warranties

You must bear the risk of any liability relating to your use of our system. ACCORDINGLY, YOUR USE OF THE ONLINE SYSTEM IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

Only one individual may access a Service at the same time using the same username or password unless we agree otherwise. The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the “Content”) available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not use, sell, publish, distribute, retransmit, or otherwise provide access to the Content received through the Services to anyone, including, if applicable, your fellow students or employees, with the following exceptions:

• You may occasionally distribute a copy of an article, or a portion of an article, from a Service in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Service, original source attribution, and the phrase "Used with permission from ACCESSCOUNTS". Please consult [email protected] if you need to distribute an article from a Service to other individuals, on a regular basis or in any other manner not expressly permitted by this Agreement.

• You may occasionally e-mail an article from a Service to a few individuals, without charge. You are not permitted to use this Service for the purpose of regularly providing other users with access to content from a Service.

• While you may occasionally download and store articles from the Service for your personal use, you may not otherwise provide others with access to such articles. The foregoing does not apply to any sharing functionality we provide through the Service that expressly allows you to share articles or links to articles with others. In addition, you may not use articles you have downloaded for personal use to develop or operate an automated trading system or for data or text mining.

You agree not to rearrange or modify the Content available through a Service. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product, or service, except as otherwise expressly permitted by this Agreement. You agree not to create any derivative work based on or containing the Content. The framing or scraping of or in-line linking to the Services, or any Content contained thereon and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited. You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services. You may not access parts of the Services to which you are not authorized or attempt to circumvent any restrictions imposed on your use or access of the Services.

As a general rule, you may not use the Content, including without limitation, any Content made available through one of our RSS Feeds, in any commercial product or service, without our express written consent. You may not create apps, extensions, or other products and services that use our Content without our permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for a subscription to a Service. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations, and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce the same. You may not access or view the Services with the use of any scripts, extensions, or programs that alter the way the Services are displayed, rendered, or transmitted to you without our written consent. You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights, or violate the terms of this Agreement.

YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT, TOOLS, PRIZES AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GIVE TAX OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OF SALE OF ANY SECURITY OR INVESTMENT. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL FOR TAX AND INVESTMENT ADVICE. ACCESSCOUNTS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS/LICENSORS, AND INDEPENDENT SALES AFFILIATES ("THE ACCESSCOUNTS PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES OR SUCH CONTENT, TOOLS, OR PRIZES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE ACCESSCOUNTS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE ACCESSCOUNTS PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

16. Severability

Subject to change at any time, severability, gives ACCESSCOUNTS the right to change at any time. If some of the terms of this Agreement are held to be incomplete, unorganized, or otherwise unenforceable, the remainder should still apply at full force of the law.

17. Indemnity

You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action. This hold harmless also applies for unused third-party subscription benefits for each subscription account even if benefits from one subscription account are shared with other subscription accounts (third party website builders, third party applications, domain hosts, etc.) in addition to glitches, technical issues, down-time, software differences or platform stability. ACCESSCOUNTS is not responsible for third party limitations of software or limitations in service.

18. Arbitration

The parties acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, the parties agree that except for statutory or common law claims related to intellectual property and disputes that qualify for small claims court, any controversy or claim arising out of or relating to this Agreement or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the County of Miami-Dade in the State of Florida. For more information about arbitration, the AAA and the arbitration process, please consult the American Arbitration Association web site at adr.org. You agree that by entering into this Agreement, you and we are each waiving the right to trial by jury, except as otherwise stated above. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and, by entering into this Agreement, you are giving up the ability to participate in a class action. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision are for the court to decide. As stated in this Agreement, Florida law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate shall survive termination of this Agreement. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.

Unless you and we agree otherwise, the arbitration will take place in the County of Miami-Dade in the State of Florida. For claims of $1,000 or less, you can choose whether you would like arbitration carried out based only on documents submitted to the arbitrator, or by a hearing in person, or by phone.

The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

This Agreement contains the updated agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services except for the information found via access of www.accesscounts.com. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to any conflict or choice of law principles. For all litigation which may be brought, subject to the requirements for arbitration hereunder, with respect to any controversy or claim, arising out of or relating to this Agreement or any relationship between us, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in the County of Miami-Dade in the State of Florida. Our failure to enforce any provision of this Agreement or to respond to a breach by you or other parties of this Agreement shall not in any way waive our rights to subsequently enforce any term or condition of this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

19. Electronic Commerce Laws

The subscriber agrees that the subscriber is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the subscription plan or any other services contemplated herein, and will hold harmless, protect, and defend Access Data Management Services LLC and its subcontractors from any claim, suit, penalty, tax, fine, or tariff arising from the subscribers exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

20. Disclaimers of Warranty / Legal Notice

THE SYSTEM IS PROVIDED "AS IS" AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.

Notwithstanding anything to the contrary contained in this contract, neither Access Data Management Services LLC nor any of its employees, agents, or affiliates warrants that the functions contained in the subscription plan will be uninterrupted or error-free. The entire risk as to the quality and performance of the subscription plan is with the subscriber. In no event will Access Data Management Services LLC be liable to the subscriber or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, Hosting Services, website builders or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this subscription plan, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor's computer or Internet software, even if Access Data Management Services LLC has been advised of the possibility of such damages.

21. Choice of Law

You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of the state of Florida, USA, and that any action arising out of this Agreement shall be litigated and enforced under the laws of Florida, USA. In addition, you agree to submit to the jurisdiction of the courts of Florida, USA, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Florida, USA.

22. Miscellaneous Information

Subscribers should always protect their ACCESSCOUNTS login credentials by not sharing the credentials with anyone. ACCESSCOUNTS does not transfer website information in whole or in part to any active or deactivated subscribers at any time.

By use of this service, you agree that you are not a big business or handle big business operations through your ACCESSCOUNTS subscription. ACCESSCOUNTS programs manages personal or small business websites which are designed for individuals or small businesses comprised of up to (10) ten employees. ACCESSCOUNTS currently does not service what it considers to be big business accounts for proper servicing of accounts unless a pre-evaluated exception has been made by ACCESSCOUNTS pending ongoing support requirements. ACCESSCOUNTS plans to enable an enterprise program in the future and appreciates your understanding.  If ACCESSCOUNTS deems your subscription ineligible for service for reasons including but not limited to big business, suspected identity theft, fraud, or any reason ACCESSCOUNTS deems worthy of ineligibility, the subscription will be terminated as per the details of this Agreement. If you have any questions regarding eligibility pre-registration, please contact [email protected].

23. Acknowledgement

This Agreement represents the entire understanding between you and us regarding your relationship to your subscription plan aside from the content found on www.accesscounts.com and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS SUBSCRIPTION AGREEMENT, please sign below. If you do not agree to the terms of the Subscription Agreement, please do not sign, and log off the system.

This Agreement is an enforceable Agreement between Access Data Management Services LLC and the subscriber regarding this subscription plan. If a subscribers account is disabled, cancelled, or otherwise and re-activates the subscription then this Agreement will again be in full effect. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request signed by both subscriber and Access Data Management Services LLC. All prices specified in this contract will be honored for the month after both parties sign this month-to-month contract. Continued services after that time will automatically renewed until cancelled by the subscriber.

The undersigned hereby agree to the Terms and Conditions and stipulations of this Agreement on behalf of himself or herself or his or her organization or business.

This Agreement constitutes the understanding of the parties. Any changes or modifications thereto must be in writing provided by ACCESSCOUNTS to subscribers.