WebsitesOnline.com™ ("Licensor"), is pleased to provide you
(or "User") with Web site products and
services. Your use of any WebsitesOnline.com™ service
and/or successful completion of third party voice
verification indicates your complete and unconditional
acceptance of the terms and conditions set forth
in this Terms Of Service Agreement ("Agreement").
Please take a moment to carefully review this Agreement.
If there are any terms or conditions that you do
not understand, please seek professional advice.
This Agreement shall constitute the entire Agreement
between you and Licensor. Licensor may change this
Agreement at any time, for any reason, without
notice to you, and such changes shall be effective
immediately. Your continued access and use of the
Services shall be construed as your conclusive
acceptance of this Agreement, including any changes
thereto.
Term and Renewal
This Agreement shall be for an initial term of one (1) month and shall constitute
a binding agreement between you and Licensor (the "Parties"). This
Agreement shall be automatically renewed for successive one (1) month terms
until it is terminated in accordance with the termination provisions herein. It is also understood that there may not be signed contracts and renewals with this service and that WebsitesOnline.com™ and any companies herein billing and servicing said terms for WebsitesOnline.com™ shall use all voice verification sale and tpv files for said contracted methods. Our policy is to keep said voice files for a term on one (1) year of sale. Voice files kept for any longer of a term shall not be accessible.
Description Of Services
Licensor may provide you with one or more of the following features on your
Web site depending on the package that you select: business Web site and
internet connection services, business-related Web site pages, third party
Content, storage space, Intranet, e-commerce capabilities, domain names,
e-mail accounts, along with Web site hosting, maintenance and support services
(collectively, the "Services"). Unless explicitly stated otherwise,
any new feature that augments or enhances the Services, shall be considered
to be part of the Services. Licensor reserves the right to modify, suspend
or discontinue the Services (or any part thereof), at any time, without notice
to you. You expressly agree that you, or any related third party, shall not
hold Licensor or its suppliers liable for any losses, damages or consequences
whatsoever from such modification, suspension or discontinuation of the Services.
Use Of The Services
You may utilize the Services for personal or commercial purposes subject to
the terms and conditions of this Agreement. If you use the Services for commercial
purposes, you expressly agree to be solely responsible for all goods and
services offered on your Web site, and represent and warrant that you have
full power and authority under all appropriate laws, including any necessary
licenses and permits from all applicable jurisdictions, to engage in the
marketing and sale of said goods and services in connection with the Services.
You are solely responsible for obtaining access to the Services and any related
third party fees (such as Internet service provider fees or airtime charges)
as well as any and all equipment necessary to access the Services. You hereby
agree that Licensor or its suppliers may establish general policies and limits
concerning your use of the Services, including without limitation: (i) the
maximum number of days that e-mail messages, message board postings or other
uploaded Content will be retained by the Services; (ii) the maximum number
of e-mail messages that may be sent from, or received by, a User of the Services;
(iii) the maximum size of any e-mail message that may be sent from, or received
by, a User of the Services; and (iv) the maximum disk space that will be
allotted to a User. Furthermore, you expressly agree that Licensor or its
suppliers have no liability for any losses, damages or consequences whatsoever
resulting from deletion or failure to store any messages or communications
or other Content or material maintained or transmitted by the Services. Licensor
may remove Users from the Services that are inactive for an extended period
of time. Licensor reserves the right, in its sole and absolute discretion,
to change these general policies and limits at any time, without notice to
you.
Grant Of Limited License
Your use of the Services requires you to use certain proprietary software,
development tools and utilities of Licensor's suppliers ("Software").
Accordingly, Licensor and its suppliers grant you a personal, non-exclusive,
non-assignable, non-transferable limited license to use the object code of
the Software on a single computer during the term of this Agreement solely
for the purpose of using the Services. Except as expressly permitted by Licensor
or its suppliers, you may not modify, copy, reproduce, republish, transmit,
display, license, create derivative works from, transfer, distribute or commercially
exploit Content or materials owned or licensed by Licensor or its suppliers.
You are expressly prohibited, directly or indirectly through any third party,
from any of the following: (i) copying, modifying, creating a derivative
work of, reverse engineering, reverse assembling or otherwise attempting
to discover the source code of the Software; (ii) renting, leasing, selling,
assigning, transferring, sublicensing, re-licensing, granting a security
interest in, or gaining unauthorized access to the Software or Services;
and (iii) accessing the Services by any means other than through the interface
that is provided by Licensor for use in accessing the Services.
Prohibited Activities
Licensor has no obligation to screen the activity of, or Content provided by,
Users of the Services. Licensor and its suppliers, however, reserve the right
to monitor and terminate any User, including deactivation of their site(s),
whom they believe, in their sole and absolute discretion, offer goods or
services, or uses the Services to transmit, convey, display, post, e-mail,
upload, download or otherwise make available Content, or any materials, that:
(i) are libelous, defamatory, vulgar, obscene, offensive, indecent, pornographic,
of a gambling nature, hateful, abusive, threatening, of a stalking nature,
are objectionable or otherwise inappropriate; (ii) could potentially be harmful
to minors; (iii) disclose personal private matters about any individual,
company, organization or entity without the consent of said individual, company,
organization or entity; (iv) contain viruses, worms, "Trojan horses" or
any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of the Services or any computer software, hardware
or telecommunications equipment; (v) violate the property rights, including
any applicable copyright, patent, trade secrets, or trademarks, of Licensor,
its suppliers or any third party; (vi) use unsolicited or unauthorized advertising,
promotional materials, junk mail, "spam" or any other form of promotional
materials that are prohibited by applicable law; (vii) are posted anonymously,
misrepresents or falsely states who you are when you are using the Services,
such as impersonating any individual or entity; (viii) interfere with other
Users use of the Services; (ix) are a violation, or potential violation of
a contract or fiduciary responsibility (such as inside information, proprietary
and confidential information learned or disclosed as part of employment relationships
or under nondisclosure agreements); (x) are a violation, or potential violation
of any applicable local, state, national or international laws, including,
but not limited to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock Exchange
or the NASDAQ, and any regulations having the force of law; (xi) could potentially
subject Licensor or its suppliers to any civil or criminal liabilities; or
(xii) could potentially harm the reputation or goodwill of Licensor or its
suppliers. Furthermore, you explicitly agree that you shall not use the Services
at any time to upload, download, transmit, convey or display any materials
that violate, or potentially violate the policies outlined in this Section.
International Compliance
You agree to comply with all rules regarding online conduct and acceptable
Content in the country in which you reside. Furthermore, you expressly agree
to comply with all applicable laws regarding the transmission of technical
data exported from the United States and the country in which you reside.
Protection Of Children
Licensor is concerned about the safety and security of its Users, especially
children. Accordingly, Users of the Services must be 13 years of age or older.
Parents or guardians who wish to allow their children under the age of 13
access and use of the Services, must expressly agree to all of the following
conditions: (i) they are 18 years of age or older and a User of the Services;
(ii) they are the parent or legal guardian of the child; and (iii) they will
at all times monitor or otherwise supervise their child's use of the Services
so as to protect them from Content, material and communications that are
offensive, indecent, objectionable, harmful or dangerous. User further understands,
acknowledges and agrees that by allowing a child to use the Services, they
are allowing access to e-mail, message boards, chat and other material and
Content that may be harmful or dangerous to children. Under no circumstances
will Licensor or its suppliers be liable for any losses, damages or consequences
whatsoever as a result of a child's access to the Services. Licensor hereby
notifies you pursuant to 47 U.S.C. Section 230(d) that parental control notifications
are commercially available that may assist you in limiting access to materials
that may be harmful or dangerous to minors.
Price Changes & Payment
Policy
You expressly understand, acknowledge and agree with the fees being charged
for the Services and hereby authorize Licensor to automatically charge your
credit card, debit your bank account or post all such fees to your phone bill.
If Licensor is unable to process said fees to your credit card, successfully
complete a bank draft, or transfer said fees to your telephone bill then this
Agreement shall automatically terminate and your Web site and Services will
be deactivated. All fees for the Services are payable in U.S. dollars. Licensor
may, in its sole and absolute discretion, adjust upward or downward the fees
it charges for the Services at any time, for any reason, without prior notice.
ISP charges are based on third party vendors and shall be set out accordlingly. |