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as of 03/01/2010
All users of ePropertySites's services, and all customers upon signing up for ePropertySites's services, agree to comply with ePropertySites's Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using ePropertySites's services with due regard to the rights of other Internet users and in conformity with the requirements of ePropertySites's network environment. The TOU are not exhaustive and ePropertySites reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.ePropertySites.com or notification of the modified TOU. The TOU supersedes any other agreement with ePropertySites, whether written, oral, by conduct, or otherwise.
A. All ePropertySites Customer Terms of Use
The following Terms of Use apply to ALL ePropertySites customers:
ePropertySites Services
ePropertySites's services include, but are not limited to:
any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that ePropertySites provides to customers);
any use by customers, or any access provided to customers by ePropertySites, of computing, telecommunications, software, information, hardware, and equipment;
any act, or provision of any service, by ePropertySites to customers, related to web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
any provision by ePropertySites to customers, of any space, Internet connectivity, or electrical power;
any access or use related to the ePropertySites's web site, including the web site itself;
any other service mentioned in the TOU;
any other service provided by ePropertySites to customers, whether used or not;
any other ePropertySites services that are used by customers, whether offered or provided by ePropertySites to customers.
Ownership of Web Site
The legal owner of customers' web sites and accounts with ePropertySites will be the individual or organization whose name is listed in ePropertySites's database as the owner. Customers will fully cooperate with and abide by any and all of ePropertySites's security measures and procedures in the event of any dispute over ownership of customers' web sites and accounts with ePropertySites.
Illegal Use:
ePropertySites servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing ePropertySites services, all ePropertySites customers certify that they and/or the organization they represent in procuring services from ePropertySites are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Spamming:
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to ePropertySites's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a ePropertySites server, and selling or distributing software (on a web site residing on a ePropertySites server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. ePropertySites reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse:
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities:
Use of ePropertySites's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use ePropertySites's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Copyright Violations:
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All ePropertySites customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a ePropertySites customer (per the DMCA) to ePropertySites must follow the below procedures. Copyright infringement notifications submitted to ePropertySites according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at ePropertySites's sole discretion.
DMCA Copyright Infringement Notification Requirements:
Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
Identification of the copyrighted work(s) claimed to have been infringed.
Identification of the material claimed to infringe the copyright(s), and enough information for ePropertySites to locate it including URLs and specific descriptions of the infringing material at each URL.
The Claimant's name, address, and telephone number(s).
A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
Privacy:
ePropertySites is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, ePropertySites urges its customers to assume that all of their on-line communications are insecure. ePropertySites cannot take any responsibility for the security of information transmitted over ePropertySites's facilities. Additional details on privacy and ePropertySites's use of customer information can be found in ePropertySites's Privacy Statement located at http://www.ePropertySites.com/e-privacy.htm.
Customer Responsibility:
Customers are required to use the ePropertySites network responsibly. This includes respecting the other customers of ePropertySites. ePropertySites reserves the right to suspend and/or cancel service with any customer who uses the ePropertySites network in such a way that adversely affects other ePropertySites customers. While ePropertySites may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, ePropertySites does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when ePropertySites becomes aware of any violation of the TOU or other user agreements, ePropertySites may take any action to stop or correct such violation, including, but not limited to, denying access to ePropertySites's services and equipment or to the Internet. In addition, ePropertySites may take action against a customer or a customer of such customer because of the activities of such customer. ePropertySites anticipates that customers who offer Internet services will cooperate with ePropertySites in any corrective or preventive action that ePropertySites deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of ePropertySites policy and ePropertySites reserves the right to take any such action even though such action may affect other customers of the ePropertySites customer.
Actions Taken by ePropertySites:
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. ePropertySites will be the sole arbiter as to what constitutes a violation of the TOU. ePropertySites reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When ePropertySites becomes aware of an alleged violation of its TOU, ePropertySites will initiate an investigation. During the investigation, ePropertySites may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, ePropertySites may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, ePropertySites will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. ePropertySites does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by ePropertySites.
Indemnification:
ePropertySites customers agree to protect, defend, hold harmless, and indemnify ePropertySites, any third party entity related to ePropertySites (including, without limitation, third party vendors), and ePropertySites's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as ePropertySites, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of ePropertySites's services.
Disclaimer:
The ePropertySites service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. ePropertySites expressly disclaims any representation or warranty that the ePropertySites service will be error-free, secure or uninterrupted. No oral advice or written information given by ePropertySites, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. ePropertySites and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency:
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, ePropertySites may immediately terminate provision of ePropertySites's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against ePropertySites in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL ePropertySites (INCLUDING, WITHOUT LIMITATION, ePropertySites's EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS ePropertySites, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING ePropertySites's SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE SINCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR ePropertySites SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY ePropertySites SERVICES EVEN IF ePropertySites HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ePropertySites's TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR ePropertySites's SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY ePropertySites OR ePropertySites's REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Modifications
ePropertySites may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with ePropertySites's services. Certain changes to ePropertySites's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and ePropertySites is not liable, for any and all such personalized applications and content, except as expressly agreed to by ePropertySites.
Backup of Data
Except where ePropertySites has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and ePropertySites is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with ePropertySites services.
Maintenance Windows
ePropertySites may conduct weekly maintenance windows during which time any or all of ePropertySites's services may be unavailable. ePropertySites also reserves the right to conduct emergency maintenance windows at any time and without warning, during which time any or all of ePropertySites's services may be unavailable.
Systems and Networks Information
ePropertySites makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, or validity of the data and/or information available. Use of information obtained from or through ePropertySites is at the sole risk of Customer. The data or information available through the interconnecting networks may not be accurate, and ePropertySites has no ability or authority over the data or information. ePropertySites makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, or validity of the data or information residing on or passing through the internconnecting networks. Use of data or information obtained from or through ePropertySites's services is at the sole risk of each customer.
Third Party Licenses
ePropertySites makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, ePropertySites makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, ePropertySites specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold ePropertySites liable in any way for the revocation of any license, which has been licensed to ePropertySites. The use of the Technologies obtained from or through ePropertySites, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Non-ePropertySites Products
Any mention of non-ePropertySites products by ePropertySites, its employees, or any third party entity related to ePropertySites is for information purposes only and does not constitute an endorsement or recommendation by ePropertySites. ePropertySites disclaims any and all liabilities for any representation or warranty made by the vendors of such non-ePropertySites products or services.
ePropertySites's Intellectual Property
Customers will not, without ePropertySites's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on ePropertySites's web site, and customers will not use any of ePropertySites's trademarks, service marks, copyrighted materials, or other intellectual property without ePropertySites's express written consent. Customers will not, in any way, misrepresent their relationship with ePropertySites, attempt to pass themselves off as ePropertySites, or claim that customers are ePropertySites.
Assignment
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for ePropertySites's services, either in whole or in part, without the prior written consent of ePropertySites.
Minimum Age Requirement
ePropertySites customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a ePropertySites customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for ePropertySites services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains ePropertySites's express written consent to the contrary. Any acceptance of the TOU or any other agreement for ePropertySites's services will be deemed null and void to the extent that ePropertySites will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of ePropertySites's services.
Governing Law and Severability
The TOU, and any other agreement for ePropertySites services, will be governed by and construed in accordance with the laws of the State of California, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and ePropertySites will take place in California, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other ePropertySites agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
Force Majeure
ePropertySites will not be liable for delays in its performance of the TOU or ePropertySites services caused by circumstances beyond ePropertySites's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). ePropertySites will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and Amendment : Any waiver, modification, or amendment of any provision of the TOU or other agreement for ePropertySites services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of ePropertySites.
Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between ePropertySites and its customers. Each of ePropertySites and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for ePropertySites services, constitutes the complete understanding and agreement between ePropertySites and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of ePropertySites, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for ePropertySites services is between ePropertySites and its customers only and will not confer any rights in any third party except as otherwise expressly provided by ePropertySites.
B. ePropertySites.com Customer Billing Policy
The following Terms of Use constitute ePropertySites's Billing Policy and apply to
ALL ePropertySites customers:
All charges are shown in US Dollars. ePropertySites only accepts payments with credit cards:
VISA, MasterCard, American Express and Discover.
All payments are due at the time service is, or is to be rendered.
If you provide ePropertySites your credit card information, you authorize ePropertySites to
charge your credit or debit card for charges that apply to your account.
ePropertySites does not mail paper invoices or statements.
Statements can be requested via email, and we will reply with a statement via email.
ePropertySites reserves the right to cancel any account, at any time, without notice, for any reason ePropertySites considers appropriate.
Cancellations
All monthly recurring memberships will automatically renew until it is cancelled. Accounts
that simply purchase each $10 website are not recurring, therefore require no cancellation...
simply don't buy any more websites.
In order to cancel a monthly recurring account,
you may call or send an eMail stating you would like
your service cancelled, and YOU MUST include your LoginID and your Password to prove you are the owner of this account.
Billing will respond with a cancellation confirmation... if you DO NOT receive
this confirmation, your account IS NOT considered cancelled. Please be aware that there are
no pro-rated refunds after the first 30 days of service.
Cancellation requests must be received by ePropertySites a minimum of ten (10) days prior
to the end of your Billing Cycle. Cancellations submitted later than this time may result
in automatic renewal of your account for another 30 days. Cancellations become effective
on the day processed by ePropertySites. ePropertySites is unable to cancel your account
effective for a future date. ePropertySites will confirm the cancellation request when
it is processed. If you do not receive a confirmation, please contact ePropertySites
as soon as possible.
When a sponsor type account is cancelled or suspended, all "sponsored" accounts under said sponsor account will
be reset as their own pay-per-site account and will receive an email from ePropertySites.com informing each user
the new status of their account.
ePropertySites does not monitor, and will not automatically cancel, plans for problems
related to non-usage, Internic, your ISP, or any other secondary issues not directly
related to ePropertySites's services. Cancellation of services does not relieve the
customer from paying any outstanding balance owed on the account. ePropertySites reserves
the right to cancel any account, at any time, without notice, for any reason ePropertySites
considers appropriate.
30 Day Money Back Guarantee
Each of ePropertySites's monthly accounts carries a 30-day unconditional money back guarantee.
If you are not completely satisfied with our services or support within the first 30 days,
you will be given a full refund of the fees paid in advance (excluding setup fees if any)
upon proper account cancellation.
Refund Policy
Refunds are only available in accordance with the 30 Day Money Back Guarantee for monthly
billed accounts. Refunds will be
provided in the same payment method of the original payment. There are no refunds offered or
promised after 30 days.
Billing/Price Changes
ePropertySites's policies and prices are subject to change without notice.
Any price changes become effective immediately.
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