MarketingPilot Aero Terms of Service (As of June 1, 2009)

By using MarketingPilot LLC's (“MarketingPilot”) Aero service (“Aero”), you ("Customer") are agreeing to be bound by these terms and conditions (“Terms of Service”). Violation of any of the terms below will result in the termination of your Account.

Term
You are agreeing to a one year term from the date you sign up for Aero. You can cancel at any time during this term. Your term will automatically renew for another year when the then current term ends.

Payment, Refunds, Upgrading and Downgrading Terms
A valid credit card is required for paying Accounts.  Aero is billed in advance on a monthly basis and is non-refundable. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account.  If your payment cannot be processed access to your Account will be immediately suspended. We will attempt to contact you via email to obtain payment. Content will be archived for 30 days and then is permanently deleted.  All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading Aero may cause the loss of Content, features, or capacity of your Account. MarketingPilot does not accept any liability for such loss.

Cancellation and Termination
You are solely responsible for properly canceling your Account. You can cancel your Account at any time by submitting a support request. You will receive an acknowledgement to indicate that we have received your request and processed your cancellation. If you do not receive an email, your Account has not been cancelled. If you cannot fill out a Support Request, call +1.608.223.9105 between 9 am and 4 pm US CST (GMT-5) and speak to a Support representative. You can also fax cancellation requests t +1.847.589.2924.  Access to all of your Content will be immediately stopped upon the end of your current term. Content will be archived for 30 days and then is permanently deleted. You can request a copy of your Content in Microsoft SQL Server format for a USD $200 fee at any time.here are no refunds or credits for partial months of service. MarketingPilot, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of Aero, or any other MarketingPilot service, for any reason at any time. Such termination of Aero will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. MarketingPilot reserves the right to refuse service to anyone for any reason at any time.

Modifications to Aero and Price Prices
MarketingPilot reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Aero (or any part thereof) with or without notice. Prices of Aero, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the MarketingPilot Site (www.MarketingPilot.com) or Aero itself. MarketingPilot shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of Aero.

Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to Aero. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content. MarketingPilot does not pre-screen Content, but MarketingPilot and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via Aero. The look and feel of Aero is Copyright ©1999-2009 by MarketingPilot, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from MarketingPilot.

General Conditions
You are responsible for maintaining the security of your Account and password. MarketingPilot cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all Content posted and activity that occurs under your Account (even when Content is posted by others who have User IDs under your Account). You may not use Aero for any illegal or unauthorized purpose. You must not, in the use of Aero, violate any laws in your jurisdiction (including but not limited to copyright laws). Your use of Aero is at your sole risk. Aero is provided on an “as is” and “as available” basis. Technical support is only provided to paying Account holders and is only available via email unless your plan provides for phone support. You understand that MarketingPilot uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run Aero. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of Aero, use of Aero, or access to Aero without the express written permission by MarketingPilot. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any MarketingPilot customer, employee, member, or officer will result in immediate Account termination. You must not upload, post, host, or transmit unsolicited email, text messages, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature. If your bandwidth usage exceeds 1 GB/month, or significantly exceeds the average bandwidth usage (as determined solely by MarketingPilot) of other MarketingPilot customers, we reserve the right to immediately disable your Account or throttle your file hosting until you can reduce your bandwidth consumption. MarketingPilot does not warrant that (i) Aero will meet your specific requirements, (ii) Aero will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Aero will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Aero will meet your expectations, and (v) any errors in Aero will be corrected.

You expressly understand and agree that MarketingPilot shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MarketingPilot has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use Aero; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Aero; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on Aero; (v) or any other matter relating to Aero.

The failure of MarketingPilot to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and MarketingPilot and govern your use of Aero, superseding any prior agreements between you and MarketingPilot (including, but not limited to, any prior versions of the Terms of Service).

MarketingPilot reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance Aero shall be subject to the Terms of Service. Continued use of Aero after any such changes shall constitute your consent to such changes.