This is a legal document. All MarketActionResearch.com customers are bound by it! (Please Read It!)
You must read and agree to all terms in this document before using our services. By using or continuing to use MarketActionResearch.com services, you are automatically agreeing to the terms of this document! Our Data Processing Agreement under the European General Data Protection Regulation (GDPR) forms part of these Terms of Service.
The agreement below is a legal agreement between MarketActionResearch.com and all of our customers. If you use any service provided by or affiliated with MarketActionResearch.com, you are legally bound by this agreement. Read it carefully before signing up and ensure that you understand and agree to all parts. Use of our services implies agreement with this contract!
Any questions regarding this agreement should be sent to MarketActionResearch.com’s sales department prior to signing up for service.
Service Agreement
Last Updated: 14-JUL-2026
THIS AGREEMENT (“Agreement”) is made and effective as of the date of acceptance, by and between you (“Client”) and Market Action Research, Inc (“MarketActionResearch.com”).
WHEREAS, MarketActionResearch.com owns, distributes and provides various services for conducting business on the Internet including: Web Development, Google AdWords Management, Web Graphics & Designs, Mobile Application Development, Online Marketing Services, Online Research, PayPerTask, BundledTasks, Cloud Hosting Management, cPanel, and the MarketActionResearch.com family of services (hereinafter collectively referred to as the “Services”).
WHEREAS, Client desires to utilize some or all of the Services to develop, enhance or maintain Client’s business and/or presence on the Internet.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:
1. MarketActionResearch.com SERVICES
MarketActionResearch.com agrees to provide to Client the Services agreed upon between MarketActionResearch.com and Client as selected by Client in MarketActionResearch.com’s current list of services.
2. PAYMENT AND INVOICING
2.1 In consideration of the performance of the Services, Client shall pay all invoices upon receipt, unless otherwise specifed. For nonrecurring services, MarketActionResearch.com monthly in advance the amount set forth in MarketActionResearch.com’s customer database as such records are amended from time to time for the Services during the term of this Agreement.
2.2 Client shall receive a confirmation letter via e-mail at the time Client contracts for the Services, which shall confirm the fees payable to MarketActionResearch.com. Thereafter, Client shall receive a monthly billing statement for the upcoming month. The monthly billing statement shall indicate any changes in fees, which fees shall become effective upon thirty (30) days’ notice as set forth in Section 2.4 herein.
2.3 Client is responsible for all activities and charges resulting from Client’s use of the Services. Client agrees to pay all fees, marketing fees, bandwidth charges, connect time charges, surcharges, and other charges incurred by Client and set forth in the monthly billing statement. In the event of a breach of security, Client will remain liable for any unauthorized use of the Services until Client notifies MarketActionResearch.com by sending an e-mail with account information to [email protected].
2.4 Current rates for using the Services may be obtained on our web site at www.MarketActionResearch.com. MarketActionResearch.com reserves the right to change fees, surcharges, monthly membership fees or to institute new fees at any time. In addition, MarketActionResearch.com may institute special trial offers, from time to time, that shall be reflected in the confirmation letter sent to Client upon sign up. If MarketActionResearch.com does not receive the full amount of Client’s Service account balance within three (3) days of invoice date, a late charge equal to 1.5% per month or highest amount allowed by law per month will be added to Client’s bill and shall be due and payable. Client shall also be responsible for all attorney and collection fees arising from MarketActionResearch.com’s efforts to collect any unpaid balance of Client’s account(s), and MarketActionResearch.com may terminate Client’s account immediately without further notice to Client.
2.5 All hosting services renew automatically. Client may opt out of automatic renewals by contacting [email protected].
3. RESPONSIBILITIES AND RIGHTS OF MarketActionResearch.com
3.1 Means of Performance. MarketActionResearch.com shall provide Client with the MarketActionResearch.com services, as described at www.MarketActionResearch.com hereto or within the description of items listed on the invoice. MarketActionResearch.com has the right to control and direct the means, manner, and method by which the web, marketing, and host services are performed. Currently, the standard location for shared, reseller, and VPS hosting is San Francisco, CA & New York, NY. MarketActionResearch.com retains the right to alter the default location for accounts at its discretion as needed.
3.2 Support. MarketActionResearch.com shall provide a reasonable level of technical support to Client via email or Web page for the term of this Agreement. Any additional support is subject to change order.
3.3 Other Work. MarketActionResearch.com has the right to perform and license products to others during the term of this Agreement. MarketActionResearch.com may elect to electronically monitor the host services and may disclose any content or records to satisfy any law, regulation, or other governmental request or to properly operate host services and protect its Clients. MarketActionResearch.com reserves the right to block any site hosted by MarketActionResearch.com that contains any content that MarketActionResearch.com deems in its sole discretion to be unacceptable or undesirable.
4. RESPONSIBILITIES AND RIGHTS OF CLIENT
4.1 Client. Client represents and warrants that (i) Client is at least eighteen (18) years of age, (ii) Client possesses the legal right and ability to enter into this Agreement, and (iii) the performance of Client’s obligations and use of the Services by Client, its customers and users, will not violate any applicable laws, regulations or the rules and regulations or cause a breach of any agreement with any third parties or unreasonably interfere with other MarketActionResearch.com Clients’ use of Services. Client assumes all risks related to processing of transactions related to electronic commerce. Client agrees to provide MarketActionResearch.com with accurate, complete and updated information required by the registration of the MarketActionResearch.com host service (Client Registration Data), including Client’s legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). Client agrees to notify MarketActionResearch.com within thirty (30) days of any changes in Client’s Registration Data.
4.2 Breach of Warranties. In the event of the breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, MarketActionResearch.com will have the right, in its sole discretion, to suspend or terminate immediately any Services.
4.3 Fees and Expenses. Client shall be responsible for payment of all costs, fees and expenses assessed by third parties in the course of being provided Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which is governed by a separate agreement between Client and a third-party domain name registrar.
4.4 Third-Party Software. Third-party software available through the Services may be governed by separate end user licenses. By using the Services and the third-party software, Client agrees to be bound by the terms of such end user licenses regarding the applicable third-party software. Client consents and authorizes MarketActionResearch.com to delegate the authorizations Client provides to MarketActionResearch.com to its third party service provider(s) as MarketActionResearch.com deems necessary or desirable to provide the applicable Services. Client agrees that the terms and conditions of this Agreement, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement, inure to the benefit of such third party service providers and such third party service providers are deemed to be third party beneficiaries of the Agreement, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement. Client also agrees that all reference to “MarketActionResearch.com” within this Agreement and any incorporated terms are also deemed to include, where applicable, MarketActionResearch.com’s agents, such as the third party service providers.
4.5 Advertising, Solicitation, and Client Name Harvesting. Client may not use the Services to send unsolicited advertising, promotional materials, or other forms of solicitation to the MarketActionResearch.com clients or other Internet users unless Client receives the express permission of such individuals. Client may not use the means of unsolicited advertising to advertise a site hosted on the MarketActionResearch.com network. Client may not use the Services to collect or “harvest” user-names of MarketActionResearch.com clients or other Internet users without the expressed prior permission of the member. MarketActionResearch.com reserves the right to block or filter mass email solicitations sent from sites hosted on the MarketActionResearch.com network.
4.6 Management of Site. Client shall be solely responsible for all content available on or through its site, and shall at all times be subject to the terms of this Agreement, MarketActionResearch.com’s then-standard Terms of Service (“TOS”), MarketActionResearch.com Resource Usage Policy (“RUP”), MarketActionResearch.com TaskCredit Policy (“TCP”) and any generally applicable guidelines and service standards published by MarketActionResearch.com. Client warrants that its site hosted on the MarketActionResearch.com network (i) will conform to the MarketActionResearch.com TOS, RUP, & TCP attached hereto as Exhibit A, Exhibit B, Exhibit C; (ii) will not infringe and will not contain any content that infringes on or violates any copyright, U.S. patent or any other third-party right; and (iii) will not contain any content which violates any applicable law, rule or regulation. MarketActionResearch.com shall have no obligations with respect to the content available on or through any site hosted on the MarketActionResearch.com network, including, but not limited to, any duty to review or monitor any such content. MarketActionResearch.com reserves the right to block any site that violates any of the above-stated terms, or which in MarketActionResearch.com’s sole discretion, MarketActionResearch.com deems objectionable or offensive, or otherwise violates a law or MarketActionResearch.com policy, or, in the alternative, to terminate this Agreement in accordance with Section 7.3 herein.
4.7 Compliance Laws. Client agrees that it will use the Services only for lawful purposes and in accordance with this Agreement. Client will comply at all times with all applicable laws and regulations and the TOS, RUP, & TCP as updated by MarketActionResearch.com from time to time. The TOS, RUP, & TCP are incorporated herein and made a part hereof by this reference. MarketActionResearch.com may change the TOS, RUP, & TCP with notice, which notice may be provided by posting such new TOS, RUP, & TCP at the MarketActionResearch.com Site. Client may request a current copy of the TOS, RUP, & TCP by sending a request to MarketActionResearch.com. Client agrees that it has received, read and understands the current version of the TOS, RUP, & TCP.
4.8 Proprietary Rights. Unless otherwise specified, all work performed hereunder by MarketActionResearch.com, is the property of MarketActionResearch.com, and all title and interest therein shall vest in MarketActionResearch.com. To the extent that title to any such works may not, by operation of law, vest in MarketActionResearch.com all rights, title and interest therein are hereby irrevocably assigned to MarketActionResearch.com. All such materials shall belong exclusively to MarketActionResearch.com, and MarketActionResearch.com shall have the right to obtain and to hold in its own name, copyrights, trademarks, registrations, or such other protection as may be appropriate to the subject matter; and any extensions and renewals thereof. Client agrees to give MarketActionResearch.com and any person designated by MarketActionResearch.com such reasonable assistance, at MarketActionResearch.com’s expense, as is required to perfect the rights defined in this paragraph.
5. LIMITATION OF LIABILITY, NO OTHER WARRANTY AND DISCLAIMER
5.1 Limitation. In the event that any limited guarantees are provided by MarketActionResearch.com, such limited guarantees are null and void if Client fails to follow MarketActionResearch.com’s TOS, RUP, & TCP and other policies or otherwise breaches this Agreement in any respect.
5.2 No Other Warranty. MarketActionResearch.com does not monitor or exercise control over the content of the information transmitted through its facilities. Use of the Services or any information that may be obtained there from is at Client’s own risk. The Services are provided on an “as is” basis, and Client’s use of the Services is at its own risk. Except as provided in the order form(s), MarketActionResearch.com does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice. MarketActionResearch.com does not represent or warrant that the Services will be uninterrupted, error-free, or completely secure.
5.3 Disclaimer of Actions Caused by and/or Under the Control of Third Parties. MarketActionResearch.com does not and cannot control the flow of information to or from MarketActionResearch.com’s network and other portions of the Internet. Such flow depends in large part on the performance of the Internet services provided or controlled by third parties. At times, actions or inactions of such third parties may impair or disrupt Client’s connections to the Internet (or portions thereof). MarketActionResearch.com cannot guarantee that such events will not occur. Accordingly, MarketActionResearch.com disclaims any and all liability resulting from or related to such events.
17. INDEMNIFICATION
Client will defend and indemnify MARS against third-party claims arising from Client Content, Client's products or services, Client's violation of law, or Client's unauthorized or prohibited use of the Services.
18. TERMINATION AND DATA EXPORT
Either party may terminate Services as stated in the applicable service agreement. If the service agreement does not specify termination terms, either party may terminate recurring Services upon thirty days' written notice.
Either party may terminate for a material breach that remains uncured for ten business days after written notice, except that immediate suspension or termination may occur for unlawful activity, fraud, material security threats, or circumstances where continued service would expose a party or third party to substantial harm.
Any export, transition assistance, or post-termination data-retention period will be governed by the applicable service agreement. Unless otherwise stated, custom migration or conversion into a third party's preferred format is separately billable.
19. NOTICES
Notices of breach, termination, or other legal notices may be delivered by email to the designated contact address in the applicable service agreement. Email notice is deemed received on the next business day unless the sender receives a delivery-failure notification. Either party may update its notice address by written notice.
20. DISPUTES AND GOVERNING LAW
These Terms, each applicable Statement of Work, and the Services will be governed by the laws of the State of California, without regard to conflicts of law principles.
Binding Arbitration. Before commencing arbitration, a party must provide the other party with written notice describing the dispute and the requested resolution. The parties will attempt in good faith to resolve the dispute informally for at least fifteen (15) days after the notice is received.
Except for claims eligible to be brought in small claims court and requests for temporary or preliminary injunctive relief necessary to protect confidential information, intellectual property, data, accounts, or systems, any dispute, claim, or controversy arising out of or relating to these Terms, an applicable Statement of Work, or the Services will be resolved by final and binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures.
The arbitration will be conducted before one arbitrator in Los Angeles County, California, although the hearing may be conducted remotely when agreed by the parties or directed by the arbitrator. The Federal Arbitration Act governs this arbitration provision.
The arbitrator may award any individual remedy that would be available in a court of competent jurisdiction and will issue a written decision stating the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction.
Each party will bear its own attorneys' fees and costs and will share the arbitration administrator's and arbitrator's fees equally, except that the arbitrator may award or reallocate fees and costs when authorized by applicable law or another provision of the parties' agreement.
Disputes must be brought only in an individual capacity. Neither party may bring or participate in a class, collective, consolidated, or representative arbitration. By agreeing to arbitration, each party waives the right to have covered disputes decided by a judge or jury.
21. CHANGES TO THE TERMS
MARS may update these Terms from time to time by posting a revised version at https://marketactionresearch.com/tos/ and updating the "Last Updated" date.
For Statements of Work, orders, renewals, or other agreements accepted after the revised Terms are posted, the revised Terms apply when the applicable agreement is accepted.
For active Services, changes that are administrative or nonmaterial become effective when posted. Nonmaterial changes include corrections, clarifications, formatting changes, updated contact information, and reasonable operational or security changes that do not materially increase the Client's obligations or materially reduce the Client's contractual rights.
Material changes become effective thirty (30) days after MARS posts the revised Terms and sends notice to the Client's designated email address. Material changes include changes to recurring fees, ownership or licensing rights, termination rights, dispute-resolution procedures, indemnification obligations, or limitations of liability.
Unless expressly agreed in writing, no revision will retroactively change amounts already due, work already completed, ownership of previously created materials, or a dispute of which either party had already provided written notice before the revision's effective date.
If the Client does not agree to a material change affecting a recurring Service, the Client may terminate the affected Service before the change becomes effective without an early-termination fee. Continued use of the affected Service after the effective date constitutes acceptance of the revised Terms.
An applicable Statement of Work may establish different amendment or notice requirements. If a revised provision conflicts with an applicable Statement of Work, the Statement of Work controls.
22. GENERAL TERMS
Independent Contractor. The parties are independent contractors. Nothing in these Terms or any Statement of Work creates a partnership, joint venture, agency, fiduciary relationship, or employment relationship between the parties.
Assignment. Neither party may assign these Terms or an applicable service agreement without the other party's prior written consent, except that either party may assign these Terms or an applicable service agreement without consent in connection with a merger, acquisition, reorganization, or sale of substantially all of its assets. Any permitted assignee must assume the assigning party's obligations, and the assignment must not materially reduce the non-assigning party's rights or protections. Any attempted assignment in violation of this section is void.
Force Majeure. Neither party will be liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, labor disruptions, utility or network failures, governmental actions, war, terrorism, civil unrest, or widespread service provider outages. The affected party will use reasonable efforts to resume performance.
Waiver. A party's failure to enforce any provision of these Terms does not waive that provision or any other provision.
Severability. If any provision of these Terms is held invalid, unlawful, or unenforceable, the remaining provisions will remain in effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable if permitted by law.
No Third-Party Beneficiaries. These Terms are for the benefit of MARS and Client only and do not create rights for any third party.
Survival. Provisions that by their nature should survive termination will survive, including payment obligations, ownership and license terms, confidentiality obligations, indemnification, limitations of liability, dispute-resolution terms, and any accrued rights or remedies.
Entire Agreement. These Terms, together with the applicable Statement of Work, order, or service agreement, form the entire agreement between the parties regarding the Services and supersede prior or contemporaneous understandings on the same subject. If there is a conflict between these Terms and an applicable Statement of Work, the Statement of Work controls for that Service.
Headings. Headings are for convenience only and do not affect interpretation.
Electronic Signatures. Electronic signatures, click-through acceptance, and other electronic records have the same effect as original signatures and paper records.
Counterparts. Any Statement of Work or related agreement may be executed in counterparts, each of which is deemed an original and all of which together form one instrument.
Exhibit A: MarketActionResearch.com Terms of Service (TOS)
MarketActionResearch.com’s current Terms of Service are available at the following URL:
https://MarketActionResearch.com/legal/terms-of-service
Exhibit B: MarketActionResearch.com Resource Usage Policy (RUP)
MarketActionResearch.com’s current Resource Usage Policy are available at the following URL:
https://MarketActionResearch.com/legal/resource-usage-agreements
Exhibit C: MarketActionResearch.com TaskCredit Policy (TCP)
MarketActionResearch.com’s current TaskCredit Policy are available at the following URL:
https://MarketActionResearch.com/legal/tasks-agreement/
Exhibit D: MarketActionResearch.com Software Licenses (SL)
MarketActionResearch.com’s current Software Licenses are available at the following URL:
https://MarketActionResearch.com/legal/
Exhibit E: MarketActionResearch.com Privacy Policy (PP)
MarketActionResearch.com’s current Privacy Policy are available at the following URL:
https://MarketActionResearch.com/privacy/