This Websiterra.Com Service Agreement (the "Agreement") describes the terms and conditions on which Websiterra.Com ("we" or "our company") offer services to you ("Customer" or "You"). Please read this Agreement carefully before accessing or using the web site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Websiterra.Com reserves the right to change these terms and conditions from time to time at its sole discretion by posting such revised terms and conditions on the Site.
1. Ownership. You acknowledge that all materials (except those uploaded by users) provided on this Web site or any site created with Websiterra.Com, are provided either by Websiterra.Com or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by Websiterra.Com and/or its Third Party Providers. Elements of the Web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Websiterra.Com, the Websiterra.Com logo and other Websiterra.Com products referenced herein are trademarks of Websiterra.Com, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
2. Privacy. Websiterra.Com makes every effort to ensure that your personal privacy is protected, we will not release ANY personal information to any third party unless absolutely required to do so by Law. The Company collects, stores and uses data collected from You in accordance with the Company’s Privacy Policy.
3. Rules and Conduct. In consideration of the availability, and their use of the Websiterra.Com services (the "Services"), each user agrees, either while visiting the Site or using the Services, not to:
(a) post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Site, the Services or the Internet;
(b) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
(c) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
(d) post, transmit, link to, or otherwise distribute any information or software which contains a virus, bot, trojan horse, worm or other harmful or disruptive component;
(e) upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the Site or the Services, or any derivative work thereof, which is protected by copyright, or any other intellectual property right, without obtaining permission of the copyright owner or right holder;
(f) impersonate of falsely represent the association of a User with any person, including a Websiterra.Com representative or forum moderator;
(g) use, reproduce, sell, resell or otherwise exploit the Site or any of the Services for any commercial purposes. If a third party requests that Websiterra.Com remove content from a Websiterra.Com member's website that in any way represents that third party, Websiterra.Com reserves the right to remove the content of that individual or group;
(h) post messages that consume excessive CPU time or storage space;
(i) utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
(j) utilize the Services in any manner that violates applicable law.
3.1 Relationship. The relationship between Websiterra.Com and the Users will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
3.2 Assignment. Users may not assign, convey, subcontract or delegate their rights, duties or obligations hereunder.
3.3 Modification. Websiterra.Com may at any time modify these terms and conditions and Users' continued use of this Site will be conditioned upon the terms and conditions in force at the time of use by Users.
3.4 Termination. Websiterra.Com may terminate access by Users to the Site and/or the provision of any of the services offered by Websiterra.Com at any time for any reason, including any improper use of this Site or Users' failure to comply with this Terms of Use. Such termination shall not affect any right to relief which Websiterra.Com may be entitled to, at law or in equity. Upon termination of this Terms of Use, all rights granted to Users will terminate and revert to Websiterra.Com.
3.5 Additional Terms. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Site, and Users agree to abide by such other terms and conditions.
4. Registration. In consideration of your use of the Site, you agree to
(a) provide accurate, current and complete information about you as may be prompted by any registration forms on the site;
(b) maintain the security of your password and identification;
(c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete;
(d) be fully responsible for all use of your account and for any actions that take place using your account.
5. Payments. As consideration for the services purchased by you and provided to you by Websiterra.Com, you agree to pay Websiterra.Com monthly or yearly fees. Payment is to be made by you providing a valid credit card for charge by Websiterra.Com. You agree that you will be responsible for notifying Websiterra.Com should you desire to terminate your use of Websiterra.Com services. Notification of your intent to terminate must be provided to Websiterra.Com no earlier than 10 days prior to you billing date but no later than three days prior to your billing date. In the absence of notification from you, Websiterra.Com will automatically continue services indefinitely and will charge the credit card you have on file with Websiterra.Com, at Websiterra.Com then current rates. It is your responsibility to keep your credit card information current, including the expiration date. In the event you terminate, moving your web site off of the Websiterra.Com hosting servers is your responsibility. Websiterra.Com will not transfer or FTP your web site to another provider.
6. Dealing with Third Parties. This Site contains Content not provided by Websiterra.Com or its licensors (collectively, "Third Party Content"). You understand and expressly agree that Websiterra.Com assumes no responsibility or liability for Third Party Content. Websiterra.Com does not control Third Party Content and as such assumes no responsibility for the accuracy, integrity or quality of such Content. Websiterra.Com is not responsible for
(a) errors or omissions in Third Party Content;
(b) offensive, objectionable or defamatory Third Party Content;
(c) loss or damage of any kind incurred as a result of Third Party Content.
Any opinion, advice, statement or other information or content expressed or made available by Third Party Content are those of the Third Party and are not endorsed by Websiterra.Com, its parents, or subsidiaries, successors and assigns. Under no circumstances shall Websiterra.Com or its affiliates, or any of its officers, directors, employees or agents be liable for any loss, damage or harm caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice or other Content available through the Site. You will bear responsibility for all risks associated with your use of any Third Party Content posted on or accessible through the Site.
7. Exclusion of Warranty. THE SITE, AND THE CONTENTS THEREIN AND/OR THE CONTENT PROVIDED BY WEBSITERRA TO AN AFFILIATE MEMBER SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WEBSITERRA IS NOT RESPONSIBLE FOR (A) THE ACCURACY OF ANY CONTENT ON THE SITE AND/OR AN AFFILIATE MEMBER SITE, OR (B) FOR DAMAGES OR LOSS CAUSED BY THE INTERNET, ERRORS OF THE SITE, OR CONTENT ON THE SITE AND/OR AN AFFILIATE MEMBER SITE, WEBSITERRA DOES NOT EXERCISE CONTROL OVER ANY THIRD PARTIES THAT PROVIDE CONTENT TO THE SITE AND/OR AN AFFILIATE MEMBER SITE AND THEREFORE PROVIDES NO REPRESENTATIONS AND WARRANTIES REGARDING SAME. FURTHERMORE, USERS EXPRESSLY UNDERSTAND AND AGREE THAT WEBSITERRA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE SITE OR THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET USERS' REQUIREMENTS OR EXPECTATIONS.
8. Limitation of Liability. IN NO EVENT SHALL WEBSITERRA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WEBSITERRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WEBSITERRA.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WEBSITERRA FOR THE WEBSITERRA SERVICES DURING THE TERM OF MEMBERSHIP.
9. Remedies. If Company learns of a violation of this Policy, Company will respond to the applicable Customer and may, in Company’s sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:
(a) warning the customer;
(b) Suspending the offending Customer from the Services;
(c) Terminating the offending Customer from the Services;
(d) removing the offending content or service; and
(e) Taking other action in accordance with this Policy, the applicable service contract or applicable law.
10. Acknowledgement. Having read and understood this agreement, you acknowledge its priority to any order, engagement or advertisement, and agree to its terms.