
THESE TERMS AND CONDITIONS (AGREEMENT) ARE
A LEGAL CONTRACT BETWEEN YOU (CUSTOMER) AND WEB-LINK TECHNOLOGIES,
LLC OR ITS AFFILIATES (WEB-LINK TECHNOLOGIES) FOR THE USE
OF THE SUBSCRIPTION SERVICE (PRODUCT). BY USING THE PRODUCT,
CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT. TERMS &
CONDITIONS Limited License: During the term of this Agreement WEB-Link
Technologies hereby grants Customer a nontransferable and nonexclusive
license to use the Product in accordance with this Agreement. Customer
agrees that it is licensing the Product for its end use only and not for
resale or redistribution. Customer hereby warrants and agrees not sell,
lease, assign, transfer, sublicense, disseminate, modify, translate, duplicate,
reproduce or copy the Product or any portion thereof (or permit any of
the foregoing). Customer further warrants and agrees not to reverse assemble,
reverse compile, or otherwise attempt to create, copy or uncover any source
or object code associated or contained within the Product. A "User"
is defined as anyone who uses data obtained from the Product in any manner.
This license will expire, without further notice, upon the termination
of this Agreement. Accounts, Passwords and Security: As part of the registration
process, Customer will be asked to select a username and password. Customer
is entirely responsible for maintaining the security and confidentiality
of its account and password(s). Customer shall be responsible for any
and all charges incurred by persons accessing its account and for any
use of the Product or data by any User. Customer agrees to notify WEB-Link
Technologies immediately of any unauthorized use of its account or any
other breach of security. WEB-Link Technologies will not be liable for
any loss that Customer may incur as a result of someone else using Customers
password or account, either with or without Customers knowledge.
All data stored in Customers account shall be subject to deletion
upon the termination of this Agreement. Exclusive limited warranty and
limitation of liability: WEB-Link Technologies believes that it has compiled
and developed the finest quality web site too available, however, the
Product is provided on an as is basis. WEB-Link Technologies
does not assure or warrant the correctness, comprehensiveness or completeness
of the Product or any information, and Customer agrees and acknowledges
that WEB-Link Technologies shall not be liable for any loss or injury
caused in whole or in part by contingencies beyond its control. EXCEPT
AS EXPLICITLY PROVIDED FOR BELOW, WEB-LINK TECHNOLOGIES HEREBY EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS, IMPLIED OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. IN LIEU OF ANY AND
ALL SUCH WARRANTIES, WEB-Link Technologies HEREBY OFFERS THE FOLLOWING
LIMITED WARRANTY: CUSTOMER SHALL HAVE 14 DAYS AFTER RECEIPT OF THE PRODUCT,
TO INSPECT IT AND NOTIFY WEB-Link Technologies OF ANY PROBLEMS. WEB-Link
Technologies will may every effort to incorporate corrections into the
product. If Customer does not notify WEB-Link Technologies within 14 days
of his, her or its receipt of the Product of a problem or error, Customer
then accepts the Product as is. After the 14 day period has
elapsed, WEB-Link Technologies shall have no liability whatsoever to the
Customer. CUSTOMER EXPRESSLY AGREES THAT WEB-LINK TECHNOLOGIES SHALL NOT
BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO GENERAL,
DIRECT, SPECIAL, INCIDENTAL, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, COSTS OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES)
WHICH ARISE DIRECTLY OR INDIRECTLY OUT OF THE PURCHASE, SALE AND/OR USE
OF THE PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY OF SUCH DAMAGES ARISING
OUT OF OR IN CONNECTION WITH MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS,
ERRORS, DEFECTS, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATORY
PROFITS, WHETHER SUCH DAMAGES ARE ASSERTED IN AN ACTION BROUGHT IN CONTRACT,
IN TORT OR PURSUANT TO SOME OTHER THEORY AND WHETHER THE POSSIBILITY OF
SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE. In no event shall WEB-Link
Technologies entire liability exceed the total amount paid by Customer
to WEB-Link Technologies under this Agreement. Customer responsibilities:
Customer agrees and warrants that all information or data which Customer
receives from WEB-Link Technologies, or any subsidiary corporation, shall
be used only in strict compliance with all applicable federal, state,
and local laws, rules, regulations, and ordinances, including but not
limited to those concerning privacy, telephone solicitation, fax broadcast,
e-mail transmission, direct marketing, consumer lending, and employment.
Customer acknowledges that it is Customer's sole responsibility to determine
the applicability of any such laws, rules, regulations and ordinances.
Customer shall be solely responsible for the use of the Product and information.
Customer shall indemnify and hold harmless WEB-Link Technologies, and
any subsidiary corporations, against any loss, liability, damage, cost
or expense, including reasonable attorneys' fees, suffered or incurred
by WEB-Link Technologies, and/or any subsidiary corporation, arising out
of or in any way related to the breach of this customer warranty. Choice
of law, forum, and jurisdiction: This Agreement and any disputes arising
hereunder, or otherwise related to the sale and/or use of the Product,
or any portion thereof, shall be governed by the internal laws of the
state of Ohio, USA, without regard to any conflicts of law principles.
Both WEB-Link Technologies and Customer agree that any action, suit, or
other legal proceeding regarding any matter arising under or relating
to any provision of this Agreement, or otherwise relating to the sale
and/or use of Product shall be commenced only in the state or federal
courts located within Franklin county, Ohio, USA, and each party to this
Agreement consents to the exclusive jurisdiction of such courts.
General:
This Agreement sets forth the entire understanding between
the customer and WEB-Link Technologies and supersedes all previous agreements,
provisions or representations relating to the foregoing. If any provision
of this Agreement shall be found to be unlawful, void or unenforceable
for any reason, that provision shall be deleted from this Agreement and
such deletion shall not affect the validity and enforceability of the
remaining provisions. Payment and Term: Customer agrees to pay WEB-Link
Technologies a subscription fee in accordance with the fees, charges and
billing terms in effect at the time a fee or charge is due and payable.
Payments may be made annually or monthly (both billed in advance) as mutually
agreed upon. Fees charged are nonrefundable. This Agreement shall be effective
for a period of 12 months. After which, and on each subsequent annual
anniversary of the date of the Agreement, it shall continue. After the
initial 12-month period, Customer may cancel the subscription by providing
WEB-Link Technologies with 30 days' prior written notice. WEB-Link Technologies
may cancel a subscription immediately at any time upon notice to Customer.
Term, Payment, and Recurring Billing: Customer's acceptance of this Agreement
constitutes its authorization for WEB-Link Technologies to automatically
charge the credit/debit card provided by Customer. Customer agrees to
provide WEB-Link Technologies with complete and accurate billing and contact
information, including: name, street address, e-mail address, and name
and telephone number of authorized billing contact. Customer agrees to
provide WEB-Link Technologies with updated information within 30 days
of any change to billing information. If billing information is determined
to be fraudulent, WEB-Link Technologies may immediately terminate this
Agreement, and it reserves the right to pursue any and all legal remedies.
If Customer's payment is declined, WEB-Link Technologies may restrict
Customer's ability to use the payment method that was declined. Failure
of the recurring payment process does not absolve Customer's payment obligations
under this Agreement. Cost of collection and enforcement: If at any time
Customer has failed to pay two or more scheduled payments, Customer will
be in default and the full balance of the subscription, including but
not limited to all anticipated monthly payments, shall immediately become
due and payable. All past due payments, including any payments which have
been accelerated pursuant to this paragraph, shall incur interest at the
rate of one and one-half percent (1.5%) per month. Customer agrees to
reimburse WEB-Link Technologies for all costs and expenses, including
but not limited to, reasonable attorney fees and costs of collection,
incurred by WEB-Link Technologies in connection with the enforcement of
this Agreement or any provision hereof.
Upon registering, you will receive a password and WEB-Link
Technologies ID. You are responsible for maintaining the confidentiality
of the password and ID, and are fully responsible for all activities that
occur under your password or ID. You agree to (a) immediately notify WEB-Link
Technologies of any unauthorized use of your password or account or any
other breach of security, and (b) ensure that you exit from your account
at the end of each session. The WEB-Link Technologies cannot and will
not be liable for any loss or damage arising from your failure to comply
with this requirement.
User Conduct:
You acknowledge and agree that all information, code, data, text, software,
music, sound, photographs, pictures, graphics, video, chat, messages,
files, or other materials ("Content"), whether publicly posted
or privately transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not WEB-Link Technologies,
are entirely responsible for all Content that you upload, post, email
or otherwise transmit via the Services. WEB-Link Technologies does not
control the user or third party Content posted via the Product, and, as
such, does not guarantee the accuracy, integrity or quality of such user
or third party Content. You acknowledge and Agree that by using the Product,
you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will the WEB-Link Technologies be liable in any
way for any user or third party Content, including, but not limited to,
for any errors or omissions in any such Content, or for any loss or damage
of any kind incurred as a result of the use of any such Content posted,
emailed or otherwise transmitted via the Product. As a general matter,
WEB-Link Technologies does not pre-screen user or third party Content
posted on the Product, except for certain areas where WEB-Link Technologies
may employ certain automated screening software, although WEB-Link Technologies
reserves the right to do so. WEB-Link Technologies does not guarantee
that any screening will be done to your satisfaction or that any screening
will be done at all. WEB-Link Technologies reserves the right to monitor
some, all, or no areas of the Product for adherence to these Terms and
Conditions or any other rules or guidelines posted by WEB-Link Technologies.
The Product may only be used for the intended purpose
for which such Product are being made available. The intended purpose
of site building software on the Product is to maintain, publish and produce
web sites on the Product that are consistent with these terms and conditions.
Prohibited Conduct
You agree that you will not use WEB-Link Technologies
Product to:
a. Upload, post, email, otherwise transmit, or post
links to any Content, or select any member or user name or email address,
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy
or publicity rights, hateful, or racially, sexually, ethnically or otherwise
objectionable.
b. Upload, post, email, otherwise transmit, or post
links to any Content that promotes illegal activity, including without
limitation the provision of instructions for illegal activity.
c. Upload, post, email, otherwise transmit, or post
links to any Content that exploits the images of children under 18 years
of age, or that discloses personally identifying information belonging
to children under 18 years of age.
d. Harm minors in any other way.
e. Make any sexual request on behalf of a minor or
make any sexual request of a minor.
f. "Stalk" or otherwise harass another.
g. Collect or store personally identifying information
about other users for commercial or unlawful purposes.
h. Impersonate any person or entity, including, but
not limited to, a WEB-Link Technologies official, employee, forum leader,
guide or host, or falsely state or otherwise misrepresent your affiliation
with a person or entity.
i. Employ misleading email addresses or falsify information
in the header, footer, return path, or any part of any communication,
including emails, transmitted through the Product.
j. Upload, post, email, otherwise transmit, or post
links to any Content that you do not have a right to transmit under
any law or regulation or under contractual or fiduciary relationships
(such as inside information, or proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
agreements).
k. Upload, post, email, or otherwise transmit, or
post links to any Content that facilitates hacking.
l. Upload, post, email, otherwise transmit, or post
links to any Content that infringes any patent, trademark, service mark,
trade secret, copyright or other proprietary rights ("Rights")
of any party, or contributing to inducing or facilitating such infringement.
This prohibition shall include, without limitation, the following forms
of software piracy:
-
Making available copyrighted software or other
Content that has had the copyright protection removed.
-
Making available serial numbers for software that
can be used to illegally validate or register software.
-
Making available tools that can be used for no
purpose other than for "cracking" software or other copyrighted
Content.
-
Making available any software files for which the
user does not own the copyright or have the legal right to make
available.
m. Upload, post, email, otherwise transmit, or post links
to any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except
in those areas that are designated for such purpose.
n. Upload, post, email, otherwise transmit, or post links
to any material that contains software viruses, worms, trojan horses,
time bombs, trap doors or any other computer code, files or programs
or repetitive requests for information designed to interrupt, destroy
or limit the functionality of any computer software or hardware or telecommunications
equipment or to diminish the quality of, interfere with the performance
of, or impair the functionality of the Product or the WEB-Link Technologies.
o. Use automated means, including spiders, robots, crawlers,
or the like to download data from any Product database.
p. Modify, publish, transmit, transfer or sell, reproduce,
create derivative works from, distribute, perform, link, display or
in any way exploit any Content from any Product database, including,
without limitation, by incorporating data from any WEB-Link Technologies
database into any e-mail or "white pages" products or serviced,
whether browser-based, based on proprietary client-site applications,
web-based, or otherwise.
q. Sell, distribute, or make any commercial use of data
obtained from any WEB-Link Technologies database or make any other use
of data from any WEB-Link Technologies database in a manner which could
be expected to offend the person for whom the data is relevant.
r. Create and maintain a Product web page that (i) redirects
to another web page or (ii) stores or hosts content for remote loading
by other web pages. For example, you cannot create a Product home page,
post pictures to the Product home page, and have other web pages call
the Product home page page to retrieve those pictures.
s. Create and maintain a Product web page that contains
hyperlinks to content not permitted on the under these terms and conditions.
t. Disrupt the normal flow of dialogue in a chat room,
cause a screen to "scroll" faster than other users of the
Products are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges.
u. Interfere with or disrupt the Product or servers or
networks connected to the Product, or disobey any requirements, procedures,
policies or regulations of networks connected to the Product.
v. Intentionally or unintentionally violate any applicable
local, state, national or international law, 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.
w. Use the Products or Services to sell, purchase, or
offer to sell or purchase any registered or unregistered securities.
>x. Upload, post, email, otherwise transmit, or post links
to any material that is false, misleading, or designed to manipulate
any equity, security, or other market.
y. Disobey any WEB-Link Technologies employee or representative
or interfere with any action by any WEB-Link Technologies employee or
representative to redress any violation of these Terms and Conditions.
z. Access the Product after your account or access has
been terminated by WEB-Link Technologies.
aa. Purchase any goods or services that you are prohibited
from purchasing or possessing by any law applicable to you in your jurisdiction.
The responsibility for ensuring compliance with all such laws shall
be the user's alone. By submitting an order to purchase goods or services,
you represent and warrant that you have the legal right to purchase
such goods or services.
ab. Use any software deployed in connection with the Product
to process data as a service to other entities without the express written
consent of WEB-Link Technologies or the party from whom such software
may be licensed.
ac. Decompile, disassemble, modify, translate, adapt,
reverse engineer, create derivative works from, or sublicense any software
deployed in connection with the Product.
ad. Engage in manipulative bidding through Product Auctions,
such as by making bids solely for the purpose of instigating other bidders
to withdraw bids and then retracting your bid to bid at a lower price
or by using multiple accounts to drive up bidding on items you are offering
for sale.
ae. Advertise, offer for sale, or sell any item you are
prohibited from advertising or selling by any applicable local, state,
national, or international law, including regulations having the force
of law.
af. Upload, post, email, otherwise transmit, or post links
to any material, or act in any manner, that is offensive to the Product
community or the spirit of these Terms and Conditions.
ag. Advertise, offer for sale, or sell any of the following
items:
- Any firearms, explosives, or weapons.
- Any food that is not packaged or does not comply with all laws governing
the sale of food to consumers by commercial merchants.
- Any alcoholic beverages.
- Any tobacco products for human consumption, including, without limitation,
cigarettes and cigars.
- Any items that are indecent or obscene, that are hateful or racially,
sexually, ethnically or otherwise objectionable, that contain child
pornography, that are otherwise pornographic in nature, or are harmful
to minors.
- Any controlled substances or pharmaceuticals.
- Any items that are counterfeit or stolen.
- Any dangerous items.
- Any goods or services that do not, in fact, exist.
- Any registered or unregistered securities.
- Any items that violate or infringe the rights of other parties.
- Any items that you do not have the legal right to sell.
- Any items where paying WEB-Link Technologies any of the required
transactional or listing fees would cause WEB-Link Technologies to
violate any law.
You acknowledge and agree that the WEB-Link Technologies
and its designees shall have the right (but not the obligation), in their
sole discretion, to refuse to publish, remove, or block access to any
Content that is available via the Product at any time, for any reason,
or for no reason at all, with or without notice. Without limitation WEB-Link
Technologies and its designees shall have the right (but not the obligation),
in their sole discretion, to refuse to publish, remove, or block access
to any Content that violates the Terms and Conditions or is otherwise
objectionable as determined by WEB-Link Technologies, in its sole discretion.
WEB-Link Technologies may also terminate access to, or membership in,
the WEB-Link Technologies, or any portion thereof, for violating these
Terms and Conditions. You acknowledge and agree that you must evaluate,
and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not rely on any Content created
by or obtained through the use of the Product, including without limitation,
information posted on message boards.
You expressly acknowledge and agree that the WEB-Link Technologies may
preserve Content and may also disclose Content if required to do so by
law or in the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce the
Terms and Conditions; (c) respond to claims that any Content violates
the rights of third-parties; or (d) protect the rights, property, or personal
safety of WEB-Link Technologies, its users and the public. You acknowledge
and agree that the technical processing and transmission of the Product,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
Submission of Ideas:
WEB-Link Technologies is always improving its Product
and developing new features. If you have ideas regarding improvements
or additions to the WEB-Link Technologies Product, we would like to hear
them -- but any submission will be subject to these Terms and Conditions.
UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS
TO WEB-LINK TECHNOLOGIES BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY
OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED
MATERIAL TO WEB-LINK TECHNOLGIES, YOU ARE WAIVING ANY AND ALL RIGHTS THAT
YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING
AND WARRANTING TO WEB-LINK TECHNOLOGIES THAT THE IDEA AND/OR RELATED MATERIALS
ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA
AND/OR MATERIALS AND THAT WEB-LINK TECHNOLOGIES IS FREE TO IMPLEMENT THE
IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED
BY WEB-LINK TECHNOLOGIES, WITHOUT OBTAINING PERMISSION OR LICENSE FROM
ANY THIRD PARTY.
Product Branding:
WEB-Link Technologies reserves the right to provide product
branding content to any web page or e-mail that you create and use. This
will typically be in the format of a tile ad or text in our reserved footer
of each product.
Modification of terms:
WEB-Link Technologies reserves the right to modify the
terms and conditions of this Agreement or its policies relating to the
Product at any time, effective upon posting of an updated version of this
Agreement on the web site for the Product. Customer is responsible for
regularly reviewing this Agreement. Continued use of the Product after
any such changes shall constitute Customer's consent to such changes.
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