UPDATED: JUNE 15, 2015 - ARTICLE: EASYSITE.COM TERMS AND CONDITIONS
By using Easysite, (the "website") you agree to be bound by these Terms and Conditions (this "Agreement"), whether or not you register as a member ("Member").
If you wish to become a Member and make use of the Easysite service ("Service"), read these Terms and Conditions and follow the instructions in the Registration process.
This Agreement sets out the legally binding terms for your membership and may be modified by Easysite from time to time. Any modifications shall be effective upon posting by Easysite on this website.
1. Eligibility. THE WEBSITE IS INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS 18 YEARS OF AGE AND OLDER. BY ACCESSING AND USING THE WEBSITE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 18 YEARS OLD.
By using the website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement
and to abide by all of the terms and conditions of this Agreement. If you are merely surfing or browsing through the site and have not yet registered to become a
member, your use of the Website is still subject to the Terms and Conditions; if you do not agree to the Terms and Conditions, do not use the site.
2. Term. This Agreement will remain in full force and effect while you use the website and/or are a Member of Easysite. You may terminate your easysite service at any time, for any reason by sending Easysite your written (or email) notice of termination. Easysite may also terminate your membership for if you violate these Terms and Conditions effective upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to Easysite. If Easysite terminates your site because you have breached the Agreement, you will not be entitled to any refund of any unused Subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect including sections 4, 5, 7, 9-14, inclusive, of this Agreement.
3. Proprietary Rights of Easysite. Easysite owns and retains all proprietary rights in the website and the Service. The website contains the copyrighted material, trademarks, and other proprietary information of Easysite, and its licensors. Except for that information which is in the public domain or for content which you have submitted (your postings), you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary Easysite information.
4. Content Posted on the Website. You understand and agree that Easysite may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Easysite violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. Easysite holds no claim of ownership to your content that you post to your site. The following is a partial list of the kind of Content that is illegal or prohibited on the website. Posting such content may result in the immediate termination of your site. Easysite reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending content or post from the Service and terminating the service of such violators entirely.
It includes Content that:
a. is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
b. harasses or advocates harassment of another person;
c. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
d. promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
e. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated - computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
f. displays pornographic or sexually explicit material of any kind -- this includes any depictions of nudity;
g. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
h. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
i. solicits personal identifying information for commercial or unlawful purposes from other users.
You must use the Service in a manner consistent with any and all applicable laws and regulations. You may not transmit any chain letters or junk email to other Members.
5. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied
and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with 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 website; your address, telephone number, and email
address; a written 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. Easysite's Copyright Agent for notice of claims of copyright infringement can be reached by writing the following: Easysite
P.O. Box 18, Bonsall, CA 92003.
6. Member Disputes. You are solely responsible for your interactions with other Easysite Members. Easysite reserves the right, but has no obligation, to monitor disputes between you and other Members.
8. Disclaimers. Easysite is not responsible for any Content posted on the website or in connection with the Service, whether caused by users of the website, Members or by any of the equipment or programming associated with or utilized in the Service. Easysite is not responsible for the conduct, whether online or offline, of any user of the website or Member of the Service. Easysite assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Easysite is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Easysite be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the website or transmitted to Members, or any interactions between users of the website, whether online or offline. The website and the Service are provided "AS-IS" and Easysite expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Easysite cannot guarantee and does not promise any specific results from use of the website and/or the Service.
9. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Easysite be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the website or the Service, even if Easysite has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Easysite's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Easysite for the Service during the term of membership.
10. U.S. Export Controls. Software from this website (the "Software") is further subject to United States export controls. No Software may be downloaded from the website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
11. Disputes. If there is any dispute about or involving the website and/or the Service, by using the website, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California.
12. Indemnity. You agree to indemnify and hold Easysite, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
13. Domain Name. The Professional level website with Easysite lets you select a free domain name to use with your website after an initial payment has been made. The domain name is your property and is free to you for the life of your Easysite website. Should you choose to switch to a different website service you may request an authorization code from email@example.com. After a request is received your domain name will be unlocked and you will be sent back an authorization code to transfer your domain name out of the Easysite service to another web host. There is no charge to transfer your domain name out of the Easysite service.
14. Communication. By signing up for with Easysite you agree to receive emails from Easysite. These emails are limited to information about your easysite (activation emails, login reminders, receipts, cancellation notices) as well as news, information and announcements regarding the Easysite Service. The latter emails (news, information and announcements about the Easysite service) may be opted out of at any time by using the opt-out link located at the bottom of the email. Easysite will never sell, rent or give away your email address or any other personal information and Easysite will never send you any unsolicited emails, or SPAM.
15. Payment. When you purchase the use of Easysite Service, you understand that the Service is an ongoing subscription. Payments will be automatically charged when the subscription renewal date occurs. This automatic recurring payment continues until your service is canceled as described above (via written request from the email address used to sign up for the Service or by sending a written request to our mailing address.) Easysite subscriptions renew monthly or annually as specified at the time of initial purchase. Payments display on your credit card or bank statement as "EASYSITE-AKLUVIS" (Akluvis, Inc. is the parent company/owner of Easysite.com.) If you cancel your easysite subscription within 10 days of a renewal then you can request a full refund of the most recent renewal fee. All refunds after 10 days of renewal are given at the sole discretion of Easysite. Also, no refunds are allowed for any payment after 60 days. Lastly, you understand and agree that Easysite is not responsible for, and will not reimburse any bank or overdraft fees that may or may not have occurred as a result of the automatic subscription payment for the Easysite service.
16. Other. This Agreement, accepted upon use of the website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Easysite regarding the use of the Web site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Initial Effective Date: 6/1/2005 Last Updated: 6/15/2015
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