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Terms of use
IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY Websiteonthephone.COM. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY Websiteonthephone.COM AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

Access to This Site
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Websiteonthephone.COM believes the information you provide is not correct, current, or complete, Websiteonthephone.COM has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

Term and Renewal
This Agreement shall be for an initial term of twelve (12) months and shall constitute a binding agreement between you and Websiteonthephone.COM (the “Parties”). This Agreement shall be automatically renewed for successive twelve (12) month terms until it is terminated in accordance with termination provisions herein.

Description Of Services
Websiteonthephone.COM may provide you with one or more of the following services depending on the package that you select: business Web site and intranet creation services, business-related Web site pages, third party Content, storage space, Intranet, e-commerce capabilities, domain names, e-mail accounts, chat and messaging services, Internet Access, 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. Websiteonthephone.COM 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 Websiteonthephone.COM or its suppliers liable for any losses, damages or consequences whatsoever from such modification, suspension or discontinuation of the Services.

Restrictions on Use
You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose without Websiteonthephone.COM's express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of Websiteonthephone.COM. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Websiteonthephone.COM in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Proprietary Information
The material and content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by Websiteonthephone.COM (the “Content”) is the proprietary information of Websiteonthephone.COM or the party that provided the Content to Websiteonthephone.COM, and Websiteonthephone.COM or the party that provided the Content to Websiteonthephone.COM retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Websiteonthephone.COM, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Websiteonthephone.COM's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site. 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 Websiteonthephone.COM for use in accessing the Services.

Intellectual Property
Websiteonthephone.COM's suppliers are the exclusive owners of all right, title and interest in and to the Software and Services along with any and all related Intellectual Property Rights including, without limitation, all associated rights under the laws of copyright (including derivative works), trademarks and patent. Nothing in this Agreement shall be deemed to limit or restrict Websiteonthephone.COM's suppliers from providing its Software, Services or technology to any third party for any purpose whatsoever, or in any way affect the rights granted to such other third parties. The use of any of the Software or Services shall in no way be construed by any User as granting or conferring upon them any Intellectual Property rights whatsoever. Furthermore, you expressly agree not to alter or delete any copyright notices or trademarks including any third party software or Services.

Hyper-Links
This site may be hyper-linked to other sites that are not maintained by, or related to, Websiteonthephone.COM. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Websiteonthephone.COM. Websiteonthephone.COM has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and Websiteonthephone.COM makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Websiteonthephone.COM of that site.

Submissions
You hereby grant to Websiteonthephone.COM the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Websiteonthephone.COM through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Websiteonthephone.COM will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Websiteonthephone.COM operations. Websiteonthephone.COM and its suppliers do not claim ownership rights in any Content that you own, or are owned by a third party, and that you have provided for inclusion in the Services and/or incorporation onto your Web site. Accordingly, you are solely responsible for ensuring that said Content does not violate any of Websiteonthephone.COM's policies or any third party's rights.

Websiteonthephone.COM will treat any personal information that you submit through this in accordance with this Privacy Policy.

Disclaimer
You understand that Websiteonthephone.COM cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Websiteonthephone.COM does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Websiteonthephone.COM. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to our goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Websiteonthephone.COM DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Websiteonthephone.COM DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, WILL MEET YOUR EXPECTATIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Websiteonthephone.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND Websiteonthephone.COM MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT Websiteonthephone.COM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Websiteonthephone.COM MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY OR ERRORS OR OMISSION IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Websiteonthephone.COM does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is or is no longer, accurate or complete.

Limitation On Liability
Websiteonthephone.COM, ITS SUBSIDIARIES, AFFILIATES, Websiteonthephone.COM's SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF Websiteonthephone.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Websiteonthephone.COM AND ITS SUBSIDIARIES, AFFILIATES, Websiteonthephone.COM's, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO Websiteonthephone.COM FOR THE APPLICABLE CONTENT OR SERVITUDE OF WHERE LIABILITY AROSE.

Indemnity
You will indemnify and hold Websiteonthephone.COM, its subsidiaries, affiliates, Websiteonthephone.COM's, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Trademarks
Trademarks, service marks, and logos appearing in this site are the property of Websiteonthephone.COM or the party that provided the trademarks, service marks, and logos to Websiteonthephone.COM. Websiteonthephone.COM and any party that provided trademarks, service marks, and logos to Websiteonthephone.COM retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

Protection of Children
Websiteonthephone.COM 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 Websiteonthephone.COM or its suppliers be liable for any losses, damages or consequences whatsoever as a result of a child's access to the Services. Websiteonthephone.COM 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 Websiteonthephone.COM to automatically charge your credit card, debit your bank account or post all such fees to your phone bill. If Websiteonthephone.COM 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. Websiteonthephone.COM may, in its sole and absolute discretion, adjust upward or downward the fees it charges for the Services at any time for any reason, with out prior notice.

Cancellation Policy
Websiteonthephone.COM offers a seven (7) day unconditional free-trial period from the date of purchase and activation of the Services. If for any reason, you are not entirely satisfied with the product(s) at any time during or after this seven (7) day period, you may cancel the purchase and no new charges will be assessed to your account from the verified date of cancellation forward. No refunds shall be made for any reason. All amounts owed for services rendered prior to the verified cancellation date must be paid in full. Due to account security and privacy concerns, all billing related questions and cancellation requests MUST be made via the toll-free Customer Service line at 1-888-932-7932. Cancellation requests will only be processed if made by the initial authorizing party and if received via the toll-free Customer Service line mentioned above. Cancellation requests made via email, fax or live chat will not be honored due to the aforementioned account security and privacy concerns. A cancellation fee of $150 is applicable if the contract is terminated before 12 months.

Information You Provide
Websiteonthephone.COM has no obligation to screen the activity of, or Content provided by, Users of the Services. Websiteonthephone.COM 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 or materials, that:

You may not post, send, submit, publish, or transmit in connection this site any material that:

You do not have the right to post, including proprietary material of any third party;

Advocates illegal activity or discusses an intent to commit an illegal act;

Is vulgar, obscene, pornographic, or indecent;

Does not pertain directly to this site;

Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

Infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;

Violates any law or may be considered to violate any law;

Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
Use unsolicited or unauthorized advertising, promotional materials, junk mail, “spam” or any other form of promotional materials that are prohibited by applicable law

Solicits funds, advertisers or sponsors;

Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;

Includes MP3 format files;

Amounts to a ‘pyramid' or similar scheme;

Disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or

Contains hyper-links to other sites that contain content that falls within the description set forth above.

Websiteonthephone.COM reserves the rights to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Websiteonthephone.COM nor any third party that provides Content to Websiteonthephone.COM will assume or have any liability for any action or inaction by Websiteonthephone.COM or such third party with respect to any submission.

Security
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Websiteonthephone.COM will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Websiteonthephone.COM considers insecure, Websiteonthephone.COM will be entitled to require the password to be changed and/or terminate your account. You will notify Websiteonthephone.COM immediately if you believe that the security of your account has been compromised. Websiteonthephone.COM AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES RESULTING FROM ANY SECURITY BREACHES.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Websiteonthephone.COM reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Websiteonthephone.COM reserves the right to investigate violations of these Terms of Use.

Websiteonthephone.COM reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Websiteonthephone.COM to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Websiteonthephone.COM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Websiteonthephone.COM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Websiteonthephone.COM or LAW ENFORCEMENT AUTHORITIES.

Communications from Websiteonthephone.COM
You agree to receive all communications from Websiteonthephone.COM, whether via telephone, facsimile, or e-mail, and expressly agree not to consider any such communication(s) as unsolicited. Refusal to receive such communications from Websiteonthephone.COM will constitute grounds for termination of this Agreement and deactivation of your Web site.

Termination at Will
Either Party may terminate this Agreement, for any reason whatsoever, with thirty (30) days written notice to the other Party. Users wishing to terminate this Agreement and cancel the Services should contact Customer Service at 1-888-932-7932. A cancellation fee of $150 will be applicable if the contract is terminated before the initial period of 12 months.

Termination For Cause
Websiteonthephone.COM and its suppliers reserve the right to immediately terminate this Agreement and deactivate your Web site and Services if they believe, in their sole and absolute discretion, that you have: (i) violated, or threaten to violate, the terms of this Agreement; or (ii) created, or are creating, Web sites as a nuisance or in a deliberate attempt to degrade or otherwise interfere with the Services. Any User who is terminated for cause under this Section and whose Web site and Services have been deactivated hereby agrees to forfeit any and all rights, claims and/or causes of action against Websiteonthephone.COM and its suppliers, including without limitation your rights to any refunds, or for any losses, expenses, damages or costs incurred as a result of such termination and deactivation.

Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of Texas, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Texas in connection with any dispute between you and Websiteonthephone.COM arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Houston, Texas. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Websiteonthephone.COM may revise these Terms of Use at anytime by updating this posting.

Last updated: July 15th, 2004

 

 
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