The eBizWebpages Site Builder ("eBizWebpages" or the "Service"), is provided to you ("you" or "Site Owner") under the terms and conditions of this eBizWebpages Site Builder Online Agreement and any amendments thereto and any operating rules or policies (collectively, the "EBSA" or "Agreement"). The eBizWebpages service reserves the right, in its sole discretion, to change, modify, add or remove all or part of the EBSA at any time. Site Owner will receive notice of such changes and/or modifications pursuant to Section 14 regarding notices.
1.1 By accepting the terms and conditions of the EBSA, Site Owner (a) represents and warrants that he or she is 18 years old or older; (b) agrees to provide true, accurate, current and complete information about Site Owner as prompted by the Account Registration Form; and (c) agrees to maintain and update this information to keep it true, accurate, current and complete. If any information provided by Site Owner is untrue, inaccurate, not current or incomplete, The eBizWebpages service has the right to terminate Site Owners account and refuse any and all current or future use of the Service.
1.2 BY COMPLETING THE ACCOUNT REGISTRATION PROCESS AND CLICKING THE "I AGREE" LINK, YOU AGREE TO BE BOUND BY THE EBSA. Nothing in this agreement obligates eBizWebpages or the Service to list, link to, accept or otherwise host any site anywhere on the services internet servers. If these terms and conditions or any future changes are unacceptable to you, you may cancel your account pursuant to Section 7.1 regarding termination of service.
2.0 DESCRIPTION OF eBizWebpages Site Builder
The provider of eBizWebpages Site Builder hosts interactive web sites ("Site") on the World Wide Web and provides Site Owners with access to its Web Site Building Software ("Software") to facilitate the creation and maintenance of Sites for the sale of goods and display of information.
3.0 Site Owner'S OBLIGATIONS
3.1 Site Owner acknowledges and agrees that it shall be responsible for all goods and services offered at Site Owners Site, all materials used or displayed at the Site, and all acts or omissions that occur at the Site or in connection with Site Owner's account or password. Certain Sites may be subject to additional requirements.
3.1.1 Site Owner agrees to display in the Site, Site Owner's contact information, including but not limited to Site Owner's company name, address, telephone number, fax number and e-mail address. Site Owner also agrees to update such information to keep it true, accurate, current and complete.
3.1.2 Site Owner agrees that any and all press releases and other public announcements related to this Agreement and subsequent transactions between the Service and Site Owner, including the method and timing of such announcements, must be approved in advance by the Service in writing. The Service reserves the right to withhold approval of any public announcement in its sole discretion. Without limitation, any breach of Site Owner's obligation regarding public announcements shall be a material breach of the EBSA.
3.1.3 Site Owner represents and warrants that it has full power and authority under all relevant laws and regulations:
* to offer and sell the goods and services offered at the Site, including but not limited to holding all necessary licenses from all necessary jurisdictions to engage in the advertising and sale of the goods or services offered at the Site;
* to copy and display the materials used or displayed at the Site; and,
* to provide for credit card payment and delivery of goods or services as specified at the Site.
3.1.4 Site Owner represents and warrants that it will not engage in any activities:
* that constitute or encourage a violation of any applicable law or regulation, including but not limited to the sale of illegal goods or the violation of export control or obscenity laws;
* that defame, impersonate or invade the privacy of any third party or entity;
* that infringe the rights of any third party, including but not limited to the intellectual property, business, contractual, or fiduciary rights of others; and,
* that are in any way connected with the transmission of "junk mail" "spam" or the unsolicited mass distribution of e-mail, or with any unethical marketing practices;
* that include sexually explicit content.
3.1.5 Site Owner confirms and warrants that it is the owner of, or is duly authorized by the owner to use, any trademark or name requested or allocated as its Domain Name. Site Owner further warrants that neither Site Owner's nor The Service Providers’s use or registration of Site Owner's Domain Name constitutes infringement of any other entity’s Intellectual Property Rights.
3.1.6 Site Owner agrees to be responsible for maintaining backup copies of their own site contents. The Service Provider will not be held liable for maintaining backups of said materials.
3.2 The eBizWebpages Service reserves the right to refuse to host or continue to host any Site which it believes, in its sole discretion: (1) offers for sale goods or services, or uses or displays materials, that are illegal, obscene, vulgar, offensive, dangerous, or are otherwise inappropriate; (2) has substantially changed its Site from the time it was accepted; (3) received a significant number of complaints for failing to be reasonably accessible to customers or timely fulfill customer orders; (4) has become the subject of a government complaint or investigation; or (5) has violated or threatens to violate the letter or spirit of the EBSA.
3.3 Service Provider reserves the right to limit the disk space, pages, and bandwidth used by the website. The service provided is a shared service designed to serve the web hosting needs of small, independently owned and operated businesses. It is not appropriate to use our services to support large enterprises or businesses with sustained demand that places undue burden on our systems or negatively impacts use by other customers.
4.0 PROPRIETARY RIGHTS
4.1 Software License. The eBizWebpages Service hereby grants Site Owner a non-exclusive, non-transferable license to use the Software in object code form only on a server controlled by the service provider for the sole purpose of creating and maintaining Sites on such server. Site Owner is not being granted any right to copy the Software or to use it on computers other than a server controlled by the service provider. Site Owner may not use Web pages or parts of Web pages generated by means of the Software, other than content that originates from and is proprietary to Site Owner, on any server other than the servers controlled by the service provider without the provider's express written agreement. Site Owner also acknowledges and agrees that the Software is intended for access and use by means of web browsing software, and that eBizWebpages Site Builder does not commit to support any particular browsing platform. The eBizWebpages service reserves the right at any time to revise and modify the Software, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the Software, without notice to Site Owner. If any revision or modification to the Software materially changes Site Owners ability to conduct business, Site Owners sole remedy is to terminate the EBSA pursuant to Section 7.1 regarding termination of service.
4.2 Intellectual Property. Site Owner acknowledges and agrees that content available from the Service, including but not limited to text, software, music, sound, logos, trademarks, service marks, photographs, graphics, or video, is protected by copyright, trademark, patent, or other proprietary rights and laws, and may not be used in any manner other than as specified in Section 4.1 above.
4.3 Site Owner's Property. Site Owner grants the service provider the right to maintain Site Owner's content on the provider's servers during the term of the EBSA and to authorize the downloading and printing of such material, or any portion thereof, by endusers for their personal use.
4.4 Unauthorized Access. Site Owner shall not attempt to gain unauthorized access to any servers controlled by the service provider.
5.1 Site Owner shall pay a monthly fee as set forth in the eBizWebpages fee schedule available at http://www.ebizwebpages.com/prices. All such fees are payable in U.S. dollars to E-biz Services, LLC and shall be charged on the first day of each month. E-biz Services, LLC may also, upon 30 days prior notice to Site Owner, alter its fee schedules and terms of the EBSA.
6.1 Term. The term of the EBSA shall be 90 days commencing on the date that Site Owner opens an account for Site Owners Site. The term shall automatically renew for successive monthly periods at renewal rates applicable at the time, unless notice of non-renewal is provided in accordance with Section 6.2, below; provided, however, that to qualify for each renewal Site Owner must at the time of renewal be in substantial compliance with the material terms and conditions of the EBSA. The service provider shall have the right, but not the obligation, to review any Site for compliance with the EBSA as part of the renewal process, or at any time.
6.2 Non-Renewal. Either party, in its sole and absolute discretion, may give notice of nonrenewal with or without cause and without stating any reason therefor. Any notice of nonrenewal must be given at least thirty (30) days prior to the end of the term then in effect and in the manner described in Section 14 regarding notice.
7.1 Termination. Either party may terminate the EBSA on thirty (30) days notice if the other party has materially breached or is otherwise not in compliance with any provision of the EBSA, and such breach or noncompliance is not cured within such thirty (30) day period. The Service provider reserves the right to immediately suspend any customer access to the Site until such breach or noncompliance is cured.
7.2 Termination for Illegal or Other Activity. Notwithstanding the foregoing, the service provider may, but has no duty to, immediately terminate Site Owner and remove it from the providers servers if the provider in its sole discretion concludes that Site Owner is engaged in illegal activities or the sale of illegal or harmful goods or services, or is engaged in activities or sales that may damage the rights of the service or others. Any termination under this Section 7.2 shall take effect immediately and Site Owner expressly agrees that it shall not have any opportunity to cure.
7.3 Waiver. Site Owner expressly waives any statutory or other legal protection in conflict with the provisions of this Section 7.
7.4 Deletion of Information. Upon termination, the service provider reserves the right to delete from its servers any and all information contained in Site Owners account, including but not limited to order processing information, mailing lists, and any Web pages generated by the Software.
7.5 The provisions of Section 4 (Proprietary Rights), Section 10 (Indemnity), and Section 11 (Disclaimer of Warranties and Liabilities) of this Agreement shall survive any termination of the Agreement.
7.6 Site Owner may cancel account at any time within a billing period by using the account cancellation system located under My Account, Billing Information, Cancel Account within their site manager but must do so before the beginning of a month to not incur charges for the following period.
8.0 Site Owner PRIVACY
8.1 Site Owner Information. The Service maintains information about Site Owner and the Site it's servers, including but not limited to Site Owners account registration information, Site Owner's customer order information, sales information, and clickstream data ("Site Owner Information"). Site Owner agrees that the Service may use Site Owner Information in aggregate form for marketing or other promotional purposes.
8.1.1 Site Owner agrees that the Service provider may disclose Site Owner Information in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process; (c) to enforce the EBSA; (d) to respond to claims that the Site Owner or Site is engaged in activities that violate the rights of third parties; or (e) to protect the rights or interests of the Service provider, eBizWebpages or others; provided, however, that nothing in this section shall impose a duty on the Service provider to make any such disclosures.
8.1.2 Site Owner agrees that the Service provider may delete customer credit card information from its servers 14 days after Site Owner retrieves such information, and may delete all other Site Owner Information from the Service providers servers at the end of each calendar year.
8.2 Password. Site Owner shall receive a password from the Service to provide access to and use of the Software and eBizWebpages. Site Owner is entirely responsible for any and all activities which occur under Site Owners account and password. Site Owner agrees to keep its password confidential, to allow no other person or company to use its account, and to notify the Service promptly if Site Owner has any reason to believe that the security of its account has been compromised.
8.3 Technical Access. Site Owner acknowledges and agrees that technical processing of Site Owner Information is and may be required: (a) for the Service to function; (b) to conform to the technical requirements of connecting networks; (c) to conform to the technical requirements of the Service; or (d) to conform to other, similar technical requirements. Site Owner also acknowledges and agrees that the Service provider may access Site Owner's account and its contents as necessary to identify or resolve technical problems or respond to complaints about the Service.
9.0 MAINTENANCE AND SUPPORT
9.1 Site Owner can obtain assistance with any technical difficulty that may arise in connection with Site Owner's utilization of the Software or eBizWebpages Site Builder by requesting assistance by email to email@example.com . The Service provider reserves the right to establish limitations on the extent of such support, and the hours at which it is available.
9.2 Site Owner is responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for its access to and use of the Software and eBizWebpages Site Builder and Site Owner shall be responsible for all charges related thereto.
Site Owner agrees to indemnify and hold harmless the Service provider, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Site Owners conduct, Site Owners use of the Service, the goods or services offered at Site Owners Site, any alleged violation of the EBSA, or any alleged violation of any rights of another, including but not limited to Site Owners use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with Site Owners Site. The service provider reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Site Owner, but doing so shall not excuse Site Owners indemnity obligations.
11.0 DISCLAIMER OF WARRANTIES AND LIABILITIES
THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SITE OWNER ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER THIS AGREEMENT OR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE eBizWebpages Site Builder WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE SOFTWARE WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR FREE SERVICE. THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS AND SITE OWNER MUST DETERMINE THAT THE SOFTWARE ADEQUATELY MEETS ITS REQUIREMENTS. SITE OWNER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT ITS OWN DISCRETION AND RISK AND THAT SITE OWNER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THE SERVICE PROVIDER, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF THE SERVICE PROVIDER IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM SITE OWNER USE OR INABILITY TO USE THE eBizWebpages Site Builder OR THE SOFTWARE, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE eBizWebpages Site Builder OR THE SOFTWARE. THE SERVICE PROVIDER'S LIABILITY TO SITE OWNER SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY SITE OWNER TO THE SERVICE PROVIDER OVER THE COURSE OF THE EXISTING TERM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12.0 NO RESALE OR ASSIGNMENT OF SERVICE
Site Owner agrees not to resell or assign or otherwise transfer its rights or obligations under the EBSA without the express written authorization of the Service provider.
13.0 FORCE MAJEURE
Neither party shall be liable to the other for any delay or failure in performance under the EBSA resulting directly or indirectly from acts of nature or causes beyond its reasonable control.
Any notices or communications under the EBSA shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to the service provider, such notices shall be addressed to firstname.lastname@example.org or P.O. Box 138 Colora, MD USA. If to Site Owner, such notices shall be addressed to the electronic or mailing address specified when Site Owner opens an account with eBizWebpages, or such other address as either party may give the other by notice as provided above.
15.0 ENTIRE AGREEMENT
The EBSA constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous proposals, both oral and written, negotiations, representations, writings and all other communications between the parties.
The EBSA and the relationship between Site Owner and the Service provider shall be governed by the laws of the state of Texas without regard to its conflict of law provisions. Site Owner and the Service provider agree to submit to the personal and exclusive jurisdiction of the Superior Court of the State of Texas for the County of Harris or the United States District Court for Southwest Texas. The Service provider's failure to exercise or enforce any right or provision of the EBSA shall not constitute a waiver of such right or provision. If any provision of the EBSA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and agree that the other provisions of the EBSA remain in full force and effect. Site Owner agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the EBSA must be filed within one (1) year after such claim or cause of action arose, or be forever barred. The section titles in the EBSA are for convenience only and have no legal or contractual effect.