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(Adopted July 8, 2005)
When using Webmaster4Hire.biz, you agree to the
following terms and conditions (the "Terms of Use").
You can always check out the most current version of
these Terms of Use at this page. In addition, when
using particular Webmaster4Hire.biz ScriptGold
Services, you shall be subject to any posted
guidelines applicable to such services. If you do
not agree to these Terms of Use please do not use
the site and do not register to be a member of
Webmaster4Hire.biz. We reserve the right, at our
discretion, to change, modify, add, or remove
portions of these Terms of Use at any time. Please
check these terms periodically for changes. Your
continued use of the Webmaster4Hire.biz ScriptGold
Service following the posting of changes to these
terms (including Webmaster4Hire.biz' Forum
Guidelines) will mean you accept those changes.
General Terms of Use and Restrictions on Use of
Materials
By
using the Webmaster4Hire.biz ScriptGold Service, you
agree to be legally bound and to abide by the Terms
of Use, just as if you had signed this Agreement. If
you do not comply with the Terms of Use at any time,
Webmaster4Hire.biz reserves the right to limit your
access to the Webmaster4Hire.biz ScriptGold Service.
Webmaster4Hire.biz may discontinue or alter any
aspect of the Webmaster4Hire.biz ScriptGold Service,
including, but not limited to, (i) restricting the
time the Webmaster4Hire.biz ScriptGold Service is
available, (ii) restricting the amount of use
permitted, and (iii) restricting or terminating any
user's right to use the Webmaster4Hire.biz
ScriptGold Service, at Webmaster4Hire.biz' sole
discretion and without prior notice or liability.
You acknowledge that the Webmaster4Hire.biz
ScriptGold Service may contain information, software
(including scripts posted by others), photos, video,
text, graphics, music, sounds or other material
(collectively, "Content") that are protected by
copyrights, patents, trademarks, trade secrets or
other proprietary rights, and that these rights are
valid and protected in all forms, media and
technologies existing now or here after developed.
All Content is copyrighted as a collective work
under the U.S. copyright laws.
Webmaster4Hire.biz' Privacy Policy
The Company collects, stores and uses data collected
from you in accordance with the Company's
Privacy Policy.
Submissions
By posting or submitting content to this site, you
grant Webmaster4Hire.biz and its affiliates and
licensees the right to use, reproduce, display,
perform, adapt, modify, distribute, have
distributed, and promote the content in any form,
anywhere and for any purpose; and warrant and
represent that you own or otherwise control all of
the rights to the content and that public posting
and use of your content by Webmaster4Hire.biz will
not infringe or violate the rights of any third
party.
If you send us scripts, creative suggestions, ideas,
notes, drawings, or other information (collectively,
the "Submissions"), the Submissions shall be deemed,
and shall remain, the property of
Webmaster4Hire.biz. None of the Submissions shall be
subject to any obligation of confidence on the part
of Webmaster4Hire.biz, and Webmaster4Hire.biz shall
not be liable for any use or disclosure of any
Submissions. Without limitation of the foregoing,
Webmaster4Hire.biz shall exclusively own all now
known or hereafter existing rights to the
Submissions of every kind and nature throughout the
universe and shall be entitled to unrestricted use
of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the
provider of the Submissions.
Links
The Webmaster4Hire.biz ScriptGold Service may
provide, or third parties may provide, links to
other World Wide Web sites or resources. Because
Webmaster4Hire.biz has no control over such sites
and resources, you acknowledge and agree that
Webmaster4Hire.biz is not responsible for the
availability of such external sites or resources,
and does not endorse and is not responsible or
liable for any Content, advertising, products, or
other materials on or available from such sites or
resources. You further acknowledge and agree that
Webmaster4Hire.biz shall not be responsible or
liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in
connection with use of or reliance on any such
Content, goods or services available on or through
any such site or resource.
DISCLAIMER
Webmaster4Hire.biz uses diligent efforts to maintain
the Webmaster4Hire.biz ScriptGold Service, but
Webmaster4Hire.biz is not responsible for any
defects or failures associated with the
Webmaster4Hire.biz ScriptGold Service or any damages
(such as lost profits or other consequential
damages) that may result from any such defects or
failures. In addition, Webmaster4Hire.biz makes no
guarantees as to the sites and information located
worldwide throughout the Internet to which you may
access as a result of the use of the
Webmaster4Hire.biz ScriptGold Service, including as
to the accuracy, content, or quality of any such
sites and information.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF
WARRANTIES:
THE WEBMASTER4HIRE.BIZ SCRIPTGOLD SERVICE IS
PROVIDED "AS IS" AND YOU USE IT AT YOUR SOLE RISK.
WEBMASTER4HIRE.BIZ 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
AND NON-INFRINGEMENT.
WITHOUT LIMITATION, WEBMASTER4HIRE.BIZ MAKES NO
WARRANTY THAT THE WEBMASTER4HIRE.BIZ SCRIPTGOLD
SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT
THE RESULTS OBTAINED FROM THE USE OF THE
WEBMASTER4HIRE.BIZ SCRIPTGOLD SERVICE WILL BE
ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
OBTAINED THROUGH THE WEBMASTER4HIRE.BIZ SCRIPTGOLD
SERVICE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE WEBMASTER4HIRE.BIZ SCRIPTGOLD
SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION,
OBTAINED BY YOU THROUGH THE WEBMASTER4HIRE.BIZ
SCRIPTGOLD SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
WEBMASTER4HIRE.BIZ SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF WEBMASTER4HIRE.BIZ
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE WEBMASTER4HIRE.BIZ SCRIPTGOLD
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE WEBMASTER4HIRE.BIZ SCRIPTGOLD
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE WEBMASTER4HIRE.BIZ
SCRIPTGOLD SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THE WEBMASTER4HIRE.BIZ SCRIPTGOLD SERVICE. IN NO
EVENT SHALL WEBMASTER4HIRE.BIZ' TOTAL LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
Indemnification
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE
CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT.
FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY
AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS
INET INTERACTIVE, LLC AND ITS OFFICERS, DIRECTORS,
EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL
THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS
(INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES)
ARISING FROM YOUR USE OF THE WEBMASTER4HIRE.BIZ
SCRIPTGOLD SERVICE, YOUR VIOLATION OF THE TERMS OF
USE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY
OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL
PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU
AGREE TO IMMEDIATELY NOTIFY Webmaster4Hire.biz OF
ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER
BREACH OF SECURITY KNOWN TO YOU.
Termination and Modification
You agree that Webmaster4Hire.biz, in its sole
discretion, may terminate your password, account (or
any part thereof) or use of the Webmaster4Hire.biz
ScriptGold Service, and remove and discard any
Content within the Webmaster4Hire.biz ScriptGold
Service, for any or no reason. Webmaster4Hire.biz
may also in its sole discretion and at any time
discontinue providing the Webmaster4Hire.biz
ScriptGold Service, or any part thereof, with or
without notice. You agree that any termination of
your access to the Webmaster4Hire.biz ScriptGold
Service under any provision of this Terms of Use may
be effected without prior notice, and acknowledge
and agree that Webmaster4Hire.biz may immediately
deactivate or delete your account and all related
information and files in your account and/or bar any
further access to such files or the
Webmaster4Hire.biz ScriptGold Service. Further, you
agree that Webmaster4Hire.biz shall not be liable to
you or any third-party for any termination of your
access to the Webmaster4Hire.biz ScriptGold Service.
Governing Law and Other Miscellaneous Terms
The validity and effect of these Terms and
Conditions shall be governed by and construed and
enforced in accordance with the laws of the State of
California, without regard to its conflicts of laws
principles. The parties expressly disclaim
application of the United Nations Convention on
Contracts for the International Sale of Goods. ANY
SUIT, ACTION OR PROCEEDING CONCERNING THE
WEBMASTER4HIRE.BIZ SCRIPTGOLD SERVICE, ITS USE,
THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER
POLICY OR PROCEDURE OF WEBMASTER4HIRE.BIZ, MUST BE
BROUGHT IN A COURT OF COMPETENT JURISDICTION IN
ORANGE COUNTY, CALIFORNIA (OR THE APPRPRIATE FEDERAL
COURT FOR SUCH AREA), AND YOU HEREBY IRREVOCABLY
CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF
THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY
SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY
WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER
HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT,
ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY
SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN
ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT
FORUM.
COPYRIGHT AND COPYRIGHT NOTICES
Webmaster4Hire.biz respects the intellectual
property of others, and we ask our users to do the
same. Webmaster4Hire.biz may, in appropriate
circumstances and at its discretion, terminate the
accounts of users who infringe the intellectual
property rights of others. If you believe that your
work has been copied in a way that constitutes
copyright infringement, please provide
Webmaster4Hire.biz' Copyright Agent the following
information:
-
an
electronic or physical signature of the person
authorized to act on behalf of the owner of the
copyright interest;
-
a
description of the copyrighted work that you claim
has been infringed;
-
a
description of where the material that you claim is
infringing is located on the site;
your address, telephone number, and email address;
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a
statement by you that you have a good faith belief
that the disputed use is not authorized by the
copyright owner, its agent, or the law;
-
a
statement by you, made under penalty of perjury,
that the above information in your Notice is
accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
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