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Build Your Site Online. Com Service Agreement
YOU MUST BE AT LEAST 18 YEARS OLD AND YOU MUST READ, UNDERSTAND, AND AGREE TO THESE TERMS IN ORDER TO SIGN UP WITH BuildYourSIteOnline.Com
No Adult Content, No Pyramid Schemes, No SPAM etc. No exceptions.
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF SERVICE AGREEMENY
This electronic publishing service ("Service") is owned and operated by Magi Consulting, Inc. ("BuildYourSIteOnline.Com"). This service is being provided to you ("Member") under the terms and conditions of this Service Agreement ("SA"), as well as any operating rules or polices that may by published by BuildYourSIteOnline.Com. The SA comprises the entire agreement between Member and BuildYourSIteOnline.Com and supersedes any and all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "ACCEPT Service Agreement" BUTTON, YOU ARE CONFIRMING THAT YOU ARE AT LEAST 18 YEARS OLD AND YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS DESCRIBED IN THE SA.
2. DESCRIPTION OF SERVICE BuildYourSIteOnline.Com provides Members with the
ability to create, maintain and conduct limited business though electronic
internet sites via the World Wide Web and hosted on BuildYourSIteOnline.Com's own
system. Member
must: (1) provide all equipment, including a computer and communications
device(s) necessary to establish a connection to the World Wide Web; (2)
provide for own access to the World Wide Web and pay for any fees
(including, but not limited to telephone service, or other
telecommunications service) associated with such access. In consideration
for this Service, Member agrees to (1) provide certain current, complete,
and accurate information about Member as requested by the Service, and (2)
maintain and update this information as required to keep it current,
complete and accurate. All information requested during the initial sign
up procedure shall be referred to as "Registration Data." Member further
grants to BuildYourSIteOnline.Com the right to disclose to third parties certain
Registration Data about Member and Service membership in the aggregate;
however, such disclosures will exclude Member's name, mailing address,
e-mail address, account and phone number, unless: (1) Member expressly
directs BuildYourSIteOnline.Com or any other person Member may specifically
designate to disclose such information through the Service as provided
thereby and/or (2) BuildYourSIteOnline.Com is required to disclose such
information by any applicable law or legal process served on
BuildYourSIteOnline.Com. If any information provided by Member is inaccurate,
BuildYourSIteOnline.Com retains the right to terminate Member's membership and
rights to use the Service, with or without notice.
3. MODIFICATIONS TO TERMS OF SERVICE
BuildYourSIteOnline.Com reserves the right to modify these SA or discontinue the Service with or without notice to Member. BuildYourSIteOnline.Com shall not be liable to Member or any third party should BuildYourSIteOnline.Com exercise its right to modify of discontinue the Service.
4. PRIVACY POLICY
It is BuildYourSIteOnline.Com’s policy to respect the privacy of its Members, as well the privacy of all those conducting business through use of the Service. However, unless expressly stated and identified, communications by and between Members, the Service, and third parties, cannot be considered completely private, and no warranties about their privacy are thus made by BuildYourSIteOnline.Com.
BuildYourSIteOnline.Com may at times monitor or edit the contents of communications by and between Members, the Service, and third parties.
Member acknowledges and agrees that BuildYourSIteOnline.Com does not endorse the contents of any Member communications and specifically disclaims any responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, as well as any claimed or actual infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
Member acknowledges and agrees that certain technical processing of communications and their content may be required to: (1) communicate with Members; (2) conform to connecting networks’ technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements.
From time to time, Magi Consulting Inc will send you information to meet your business needs.
5. MEMBER IDENTIFICATION, PASSWORD, AND SECURITY
Once made a Member of the Service, Member shall receive a password and a user identification ("user i.d."). Member is entirely responsible to maintain the confidentiality of its password and user i.d. Furthermore, Member is entirely responsible for any and all activities which occur under Member’s user i.d. and mail account. Member may change its password at any time by following instructions; Member may also set up a new account and close an old one at its convenience. BuildYourSiteOnline.Com may elect to charge a set up fee for a newly opened account. Any current applicable setup and hosting fees are posted in Hosting section of BuildYourSiteOnline.Com website.
Member agrees to immediately notice BuildYourSIteOnline.Com of any unauthorized use of Member’s account or any other breach of security known or suspected by Member.
6. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BuildYourSIteOnline.Com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT.
BuildYourSIteOnline.Com MAKES NO WARRANTY THAT THE SERVICE WILL MEET MEMBER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES BuildYourSIteOnline.Com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGHOUT THE USE OF THE SERVICE IS DONE AT THE MEMBER’S OWN DISCRETION AND RISK, AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
BuildYourSIteOnline.Com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN, OBTAINED BY MEMBER FROM BuildYourSIteOnline.Com OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
BuildYourSIteOnline.Com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE.
BuildYourSIteOnline.Com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE PROCUREMENT OR PURCHASE OF GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICE.
BuildYourSIteOnline.Com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO, OR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS EVEN IF BuildYourSIteOnline.Com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BuildYourSIteOnline.Com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY INFRINGEMENT OF ANY COPYRIGHT, TRADEMARK, TRADE DRESS, SERVICE MARK, OR OTHER INTELLECTUAL PROPERTY RIGHTS ARISING FROM THE USE OR INABILITY TO USE THE SERVICE, OR BY THE UNAUTHORIZED USE OF, OR ACCESS TO, THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
8. NO RESALE OF THE SERVICE
Member agrees not to sell or resell its access to the Service, without the express written consent of BuildYourSIteOnline.Com.
9. DATA STORAGE AND OTHER LIMITATIONS
BuildYourSIteOnline.Com assumes no responsibility for the deletion of or failure to store Member’s data.
BuildYourSIteOnline.Com has no set upper limit on the amount of data a Member may use or place on the Service; however, BuildYourSIteOnline.Com retains the right, at its sole discretion, to determine whether a Member’s conduct concerning the use of the Service is consistent with the letter and spirit of this SA, and may terminate Service as previously provided, with or without cause, with or without notice.
Member expressly agrees that it will not introduce or cause to be introduced any programming language, text or other data that results in the manipulation or change of any framing provided by the Service.
10. MEMBER CONDUCT
Member is solely responsible for the contents of its transmissions and communications through the Service. Member’s use of the Service is subject to all applicable local, state, national and international laws and regulations.
Member expressly agrees: (1) to comply with the laws of the United States of America regarding the transmission of data exported from the United States of America through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.
The Service makes use of the Internet to conduct limited business and disseminate information; therefore, Member’s conduct is subject to Internet regulations, policies and procedures.
Member expressly agrees not to use the Service for transmission of any action relating to the dissemination of chain letters, junk mail, "spamming," including using the Service or BuildYourSIteOnline.Com websites or e-mail to facilitate communication with willing parties.
Member expressly agrees not to make use of distribution lists to contact or communicate to any person or entity who has not given specific permission to be included in such a process.
Member expressly agrees not to collect member email addresses from the FM system.
Member expressly agrees not to use the Service to transmit or make available for display any unlawful, harassing, libelous, abusive, threatening, harmful vulgar, obscene or otherwise objectionable material of any kind or nature. Member expressly agrees that BuildYourSIteOnline.Com retains the sole discretion to determine, in good faith, objectionable conduct in violation of the SA, as described herein.
Member expressly agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Member expressly agrees not to use the Service to engage in any copyright infringement activities, such suspected usage may result in immediate termination of the Service with or without notice. Attempts to gain unauthorized access to the Service or any other computer system are expressly prohibited by BuildYourSIteOnline.Com and may result in termination of Service, with or without cause, with or without notice.
Member expressly agrees that it shall not interfere with any other Member’s use and enjoyment of the Service.
BuildYourSIteOnline.Com reserves the right to determine Membership on the Service at all times.
11. INDEMNIFICATION
Member agrees to indemnify and hold BuildYourSIteOnline.Com, its parents, subsidiaries, affiliates, officers, directors, employees, successors and assigns, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due or arising out of Member’s use of the Service, or the violation of this SA.
Member further agrees to indemnify and hold BuildYourSIteOnline.Com, its parents, subsidiaries, affiliates, officers, directors, employees, successors and assigns, harmless from any claim or demand, made by any third party relating to the infringement by Member or Members, or other user of the Service, of any copyright, trademark, trade dress, service mark, or other intellectual property rights of any person or entity.
12. TERMINATION
Member or BuildYourSIteOnline.Com may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by written notice to the other party. Under certain circumstances described in this SA, BuildYourSIteOnline.Com may terminate Service with or without notice.
BuildYourSIteOnline.Com shall not be liable to Member or any third party for termination of Service.
Should Member object to any terms and conditions of this SA or any subsequent modifications thereto, or become dissatisfied with the Service in any way, Member agrees that its only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify BuildYourSIteOnline.Com of termination as outlined above.
Upon termination of the Service, Member’s rights to use the Service immediately ceases, and BuildYourSIteOnline.Com shall thereafter have no obligation to maintain or forward any data or communications to Member or any third party.
(a) Termination by BuildYourSiteOnline.com.
(i) BuildYourSiteOnline.com may at any time without notice to you discontinue any or all aspects of the BuildYourSiteOnline.com Service or restrict your use of the BuildYourSiteOnline.com Service in whole or in part for any breach of this Agreement by you; or if BuildYourSiteOnline.com determines in its sole and exclusive judgment that terminating your use of the BuildYourSiteOnline.com Service is necessary for security reasons or for proper continued operation of the BuildYourSiteOnline.com Service; or your use of the BuildYourSiteOnline.com Service or Technology is not for legitimate business purposes, or your use of the BuildYourSiteOnline.com Service violates any laws or regulation; or if BuildYourSiteOnline.com receives information that the BuildYourSiteOnline.com Service or your use of the BuildYourSiteOnline.com Service (or any part thereof) may violate any third-party right, such as copyrights or trademarks.
(ii) BuildYourSiteOnline.com may at any time with thirty (30) days notice to you, modify or discontinue any or all aspects of the BuildYourSiteOnline.com Service or restrict your use of the BuildYourSiteOnline.com Service in whole or in part for BuildYourSiteOnline.com's convenience.
(iii) BuildYourSiteOnline.com may at any time, with ten (10) days notice to you, modify or discontinue any or all aspects of the BuildYourSiteOnline.com Service, including the Testdrive Free 30 day Service or any BuildYourSiteOnline Hosting Service, if the credit card number you provide expires, or if BuildYourSiteOnline.com is unable to charge valid charges to that credit card number, or if you otherwise fail to make payments due to BuildYourSiteOnline.com hereunder.
(iv) Upon termination of this Agreement, all rights granted to you under this Agreement shall terminate immediately. BuildYourSiteOnline.com reserves the right to delete any data files associated with your use of the BuildYourSiteOnline.com Service upon termination of this Agreement.
(v) Free Testdrive hosting will self terminate on the 30th day from account creation. You do not need to provide termination notice nor BuildYourSiteOnline.Com will need to provide you termination notice of the Free Testdrive Service.
(c) Termination by You.
You may terminate Paid Hosting Agreement immediately for any reason at any time by written notice. You will remain liable for the full charge for the monthly period during which you terminated this Agreement and for all usage-based fees through the effective date for termination of this Agreement.
13. NOTICE. All notices to either Member or BuildYourSiteOnline shall be made in writing and shall be made either via e-mail or conventional mail. BuildYourSIteOnline.Com may broadcast notices or messages through the Service, or send e-mail messages to Member, to inform Member of changes to the SA, the Service itself, or other matters of importance. Such broadcasts or e-mail messages shall constitute notice to Member.
14. PARTICIPATION IN AGREEMENTS WITH ADVERTISERS
Member may advertise their products or services with an Advertiser outside the Service. Any such agreements, as well as any communications or representations made in furtherance of such agreements, are solely between Member and Advertiser, and BuildYourSIteOnline.Com assumes no liability, obligation or responsibility for any such agreements.
15. PROPRIETARY RIGHTS TO CONTENT
MEMBER ACKNOWLEDGES THAT CONTENT, INCLUDING, BUT NOT LIMITED TO, TEXT, SOFTWARE, MUSIC, SOUND, GRAPHICS, VIDEO OR OTHER MATERIAL CONTAINED IN EITHER SPONSOR ADVERTISEMENTS OR THE SERVICE ITSELF IS PROTECTED BY COPYRIGHTS, TRADEMARKS, TRADE DRESS, SERVICE MARKS, OR OTHER PROPRIETARY RIGHTS AND LAWS. MEMBER IS PERMITTED TO USE THIS CONTENT ONLY AS EXPRESSLY AUTHORIZED BY THE SERVICE OR THE ADVERTISER. MEMBER MAY NOT COPY, REPRODUCE, DISTRIBUTE, OR CREATE DERIVATIVE WORKS FROM THIS CONTENT WITHOUT THE EXPRESS WRITTEN CONSENT OF BuildYourSIteOnline.Com OR THE ADVERTISER.
16. ATTORNEY’S FEES
Should any litigation be commenced between the parties to this SA, or the rights and duties of either in relation to this SA, the party prevailing in that litigation shall be entitled, in addition to any other relief that may be granted, to a reasonable sum as and for its attorney’s fees in that litigation which shall be determined by the court in that litigation or in a separate action brought for that purpose.
17. GOVERNING LAW This SA shall be governed by and construed in accordance with the laws of the State of California, USA. Member and BuildYourSIteOnline.Com agree to submit to the exclusive jurisdiction of the courts of the State of California, USA. If any provision of this SA is determined to be unenforceable or contrary to law in a court of competent jurisdiction, the remaining provisions shall remain valid and in effect, and shall be construed so as to give full effect to the intentions of the parties. BuildYourSIteOnline.Com’s failure to exercise or enforce any right or provision of this SA shall in no way constitute a waive of such right or provisions unless so acknowledged and agreed by BuildYourSIteOnline.Com in writing.
18. SUCCESSORS AND ASSIGNS
This Agreement shall be binding on and shall inure to the benefit of the parties to this SA and their respective heirs, assigns, executors, and administrators.
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