TERMS OF SERVICE

Effective Date: July 2025
Last Updated: September 2025

1. ACCEPTANCE OF TERMS

Welcome to NearNet Local (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our website at https://nearnetlocal.com/ and all digital marketing services provided by NearNet Local, including but not limited to Revenue Engine systems, SMS/text messaging services, email marketing, and integrated marketing communications.

By accessing our website, using our services, or providing your contact information, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our services.

2. DESCRIPTION OF SERVICES

2.1 Digital Marketing Services

NearNet Local provides full-service digital marketing solutions designed to help businesses create predictable revenue growth through:

Revenue Engine system development and implementation
SMS/text message marketing campaigns
Email marketing and automation
Website development and optimization
Search engine optimization (SEO)
Pay-per-click advertising management
Social media marketing
Content creation and marketing
Analytics and reporting services

2.2 SMS/Text Messaging Program

Our SMS services include:

Automated marketing and promotional messages
Appointment reminders and notifications
Customer service communications
Lead nurturing sequences
Event and promotional announcements

By providing your mobile phone number and opting-in, you consent to receive automated text messages from us using the number provided.

3. SMS/TEXT MESSAGING TERMS

Express Written Consent Required: You must provide explicit consent to receive text messages by completing our opt-in process
Consent Not Required for Purchase: Agreeing to receive texts is not a condition of purchasing our services
Age Requirement: You must be 18 years or older to consent to receive text messages
Authorized User: You represent that you are the account holder for the mobile number provided or have authorization from the account holder

3.2 Message Details

Message Frequency: Message frequency varies based on your preferences and interactions (typically 1-5 messages per week)
Message Types: Promotional offers, service updates, appointment reminders, educational content, and customer service communications
Automated Technology: Messages may be sent using automated dialing systems
Carrier Charges: Standard message and data rates from your mobile carrier apply

3.3 Opt-Out Instructions

You may opt-out of text messages at any time by:

Replying “STOP,” “UNSUBSCRIBE,” “QUIT,” or “CANCEL” to any message
Contacting us directly at [phone] or [email]
Following unsubscribe instructions in messages

We will process opt-out requests within 10 minutes and send a confirmation message.

3.4 Help and Support

For assistance with text messages:

Reply “HELP” to any message
Call us at (727) 591-5300
Email us at info@nearnetlocal.com

3.5 Supported Carriers

Our SMS service works with major U.S. carriers including Verizon, AT&T, T-Mobile, Sprint, and others. Message delivery is not guaranteed on all carriers or devices.

4. ACCOUNT REGISTRATION AND SECURITY

4.1 Account Information

You agree to:

Provide accurate, complete, and current information
Maintain and update your account information promptly
Keep your login credentials secure and confidential
Notify us immediately of unauthorized account access

4.2 Account Responsibility

You are responsible for all activities under your account and agree to comply with all applicable laws and regulations.

5. USE OF SERVICES

5.1 Permitted Use

You may use our services only for lawful business purposes and in accordance with these Terms.

5.2 Prohibited Uses

You agree NOT to:

Use our services for illegal, fraudulent, or malicious activities
Send spam, unsolicited communications, or violate anti-spam laws
Attempt to gain unauthorized access to our systems
Interfere with or disrupt our services or networks
Use our services to harass, abuse, or harm others
Violate any applicable laws, regulations, or third-party rights
Reverse engineer, modify, or create derivative works of our services
Use automated systems to access our services without permission

6. SERVICE AVAILABILITY AND MODIFICATIONS

6.1 Service Availability

We strive to maintain continuous service availability but do not guarantee uninterrupted access. Services may be temporarily unavailable due to maintenance, updates, or technical issues.

6.2 Service Modifications

We reserve the right to:

Modify, suspend, or discontinue services at any time
Update features, functionality, or pricing
Change these Terms with appropriate notice

6.3 Planned Maintenance

We will provide reasonable notice of scheduled maintenance that may affect service availability.

7. CLIENT RESPONSIBILITIES

7.1 Content and Materials

Clients are responsible for:

Providing accurate business information and marketing materials
Ensuring all content complies with applicable laws and regulations
Obtaining necessary permissions for use of copyrighted materials
Reviewing and approving all marketing campaigns before launch

7.2 Compliance

Clients must ensure their use of our services complies with:

Industry-specific regulations
Federal and state advertising laws
Data protection and privacy requirements
SMS/email marketing regulations

8. PAYMENT TERMS

8.1 Fees and Billing

Service fees are as agreed in your service contract
Payment is due according to the schedule specified in your agreement
All fees are non-refundable unless otherwise specified
Prices may change with 30 days’ notice

8.2 Late Payments

Late payments may result in:

Service suspension or termination
Late fees as specified in your contract
Collection efforts and associated costs

8.3 Taxes

You are responsible for all applicable taxes related to your use of our services.

9. INTELLECTUAL PROPERTY

9.1 Our Intellectual Property

All content, software, designs, and materials provided by NearNet Local remain our exclusive property and are protected by intellectual property laws.

9.2 Client Content

You retain ownership of content you provide to us. By using our services, you grant us a limited license to use your content for service delivery purposes.

9.3 Work Product

Marketing materials, campaigns, and strategies developed specifically for your business become your property upon full payment, unless otherwise agreed.

10. PRIVACY AND DATA PROTECTION

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

10.1 Data Security

We implement reasonable security measures to protect your information, but cannot guarantee absolute security.

10.2 Third-Party Services

Our services may integrate with third-party platforms. Your use of such services is subject to their respective terms and privacy policies.

11. DISCLAIMERS AND LIMITATIONS

11.1 Service Disclaimers

OUR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 No Guarantee of Results

While we strive to deliver effective marketing solutions, we cannot guarantee specific results, including but not limited to:

Increased sales or revenue
Improved search rankings
Higher conversion rates
Specific return on investment

11.3 Third-Party Services

We are not responsible for the performance, availability, or actions of third-party services or platforms integrated with our services.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

12.1 Damages Limitation

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

12.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REGARDLESS OF THE LEGAL THEORY.

12.3 Force Majeure

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, or technical failures of third-party services.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless NearNet Local and its officers, directors, employees, and agents from any claims, liabilities, damages, costs, and expenses arising from:

Your use of our services
Your violation of these Terms
Your violation of applicable laws or regulations
Content you provide to us
Your marketing activities using our services

14. TERMINATION

14.1 Termination by Either Party

Either party may terminate services according to the terms specified in your service agreement.

14.2 Termination for Cause

We may immediately terminate or suspend your access if you:

Violate these Terms
Engage in fraudulent or illegal activities
Fail to pay fees when due
Use services in a manner that harms our business or reputation

14.3 Effect of Termination

Upon termination:

Your access to services will cease
Outstanding fees become immediately due
We may delete your account and data after a reasonable period
Sections of these Terms that should survive will remain in effect

15. DISPUTE RESOLUTION

15.1 Informal Resolution

Before pursuing formal dispute resolution, parties agree to attempt good-faith negotiations to resolve disputes.

15.2 Binding Arbitration

Any disputes not resolved informally shall be settled through binding arbitration in accordance with the rules of the American Arbitration Association.

15.3 Class Action Waiver

You agree not to participate in class action lawsuits or class-wide arbitrations against us.

15.4 Governing Law

These Terms are governed by the laws of Florida, without regard to conflict of law principles.

16. COMPLIANCE WITH LAWS

16.1 SMS Compliance

Our SMS services comply with:

Telephone Consumer Protection Act (TCPA)
CAN-SPAM Act
A2P 10DLC regulations
State and federal telecommunications laws
Cellular Telecommunications Industry Association (CTIA) guidelines

16.2 Marketing Compliance

We adhere to applicable marketing and advertising regulations, including:

Federal Trade Commission (FTC) guidelines
State consumer protection laws
Industry-specific regulations

17. GENERAL PROVISIONS

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and NearNet Local.

17.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17.3 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

17.4 Assignment

You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations at any time.

17.5 Notice

Notices will be sent to the contact information you provide. You agree to keep your contact information current.

18. MODIFICATIONS TO TERMS

We may update these Terms periodically. We will notify you of material changes by:

Posting updated Terms on our website
Sending email notifications
Providing SMS notifications (for SMS program participants)

Your continued use of our services after changes become effective constitutes acceptance of the updated Terms.

19. CONTACT INFORMATION

For questions about these Terms or our services, contact us:

NearNet Local
Email: info@nearnetlocal.com
Phone: (727) 591-5300
Address: Hudson FL
Website: https://nearnetlocal.com/

SMS Program Support:
Reply “HELP” to any text message or use the contact information above.

20. EFFECTIVE DATE

These Terms are effective as of July 2025 and remain in effect until modified or terminated in accordance with these Terms.

ACKNOWLEDGMENT

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

Terms of Service