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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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