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By
your use of any portion of the PublishPal®
Lite Website Management Service
("PublishPalLite") and payment of applicable fees if any, you are a
"Subscriber" of PublishPalLite and agree with these Terms of Service
("TOS"). PublishPalLite is owned by Etronica, Inc. PublishPalLite
operates and
stores data on the computer servers of Etronica or Etronica
subcontractors.
1.
Definitions.
a) "You" or "your"
refer to Subscriber and Subscriber employees, agents, representatives,
systems administrators, affiliates, subsidiaries, subcontractors,
licensors, licensees, or any third party authorized by Subscriber to
use or access PublishPalLite. "Our", "we" or "us" refer to Etronica Inc.
b) Your "Subscription"
refers to your use of PublishPalLite pursuant to these TOS.
c) "Your Website" refers to your website hosted on PublishPalLite.
d) "User" or "Users"
refer to your customers or otherwise members of the general public who
visit or use Your Website but who are not your employees, agents,
representatives or system administrators.
e) "Public Website"
and "Domain" refer respectively to the portion of Your Website, and its
Internet domain name (sometimes referred to as World Wide Web URL or
Universal Resource Locator) that you make accessible to your Users.
f) "Dashboard" refers
to the portion of Your Website that we provide you and not your Users
for the purposes of designing, maintaining and managing Your Website.
g) "Content"
collectively refers to any information, data, documents, text
(including but not limited to names of files, databases, directories
and groups/workgroups of the same), messages and other communications,
software, music, sound, photographs, graphics and video that are
uploaded or caused to be uploaded onto, or downloaded or caused to be
downloaded from, Your Website by you or your Users.
2.
Rights and Responsibilities.
a) Use of PublishPalLite.
Subject to these TOS, you are subscribing to use and we will provide
you with the use of those portions of PublishPalLite to manage Your
Website. You acquire no ownership of PublishPalLite and no right to use
PublishPalLite beyond these TOS.
b) Limits of Use. At
our sole discretion we may establish or revise limits concerning your
use of PublishPalLite including without limitation establishing the
maximum
amount of (a) Content storage space you may use on Your Website at any
time, and (b) bandwidth you may consume by Your Website in a given
period of time. We will notify you in writing at least thirty (30) days
prior to establishing or revising these limits. In addition, we may
limit at its sole discretion and without notice to you the volume of
e-mail forwarding or file downloading from Your Website by you or your
Users in response to activity such as spamming or hosting a publicly
accessible exchange of data files.
c) Acceptable Use
Policy. You shall comply with our Acceptable Use Policy ("AUP") as set
forth below and as updated at our sole discretion from time to time and
posted. Upon our notification of any changes, you shall promptly check
on PublishPalLite for updates to the AUP . We may require your explicit
acceptance of such updated AUP as a condition of your continued use of
Your Website. Your Public Website must have an acceptable use policy
posted that complies with PublishPalLite requirements. You shall
promptly
post on your Public Website your current acceptable use policy and
require your Users to accept it as a condition of their initial and
continued use of your Public Website.
d) Privacy Policy. We
shall comply with our Privacy Policy, and as updated at our sole
discretion at any time and from time to time. Upon our notification,
you shall promptly check your PublishPalLite Dashboard for updates to
the
Privacy Policy, and we may require your explicit acceptance of such
updated Privacy Policy as a condition of your continued use of Your
Website. Your Public Website must have a Privacy Policy posted that
complies with PublishPalLite requirements. You shall promptly post on
your
Public Website your current Privacy Policy and require your Users to
accept it as a condition of their initial and continued use of your
Public Website.
e) Outside Resources.
At our sole discretion and at any time without prior notice we may, but
shall have no obligation to, add to or remove from the PublishPalLite
Dashboard links to third-party Internet websites or resources that
provide content, advertising, products, services or other materials
that are not directly under our control (collectively, "Outside
Resources"). We do not endorse any Outside Resources, nor shall it be
responsible or liable for their availability.
f) Setup.
Implementation. Customization. Training. Updates. Upgrades. Downgrades.
Technical Support. We will determine at our sole discretion the
content, timeliness, frequency and cost of any updates, upgrades or
downgrades of PublishPalLite, and give you 30-day advance written
notice of
the release and cost of such updates, upgrades or downgrades. We will
make reasonable commercial efforts to correct those bugs, defects or
errors that at our sole discretion have a material effect on the access
to or operation of PublishPalLite. Unless otherwise agreed to, we will
provide you with setup, implementation, customization, training, and
technical support services on the use of PublishPalLite in a manner,
frequency and timeliness chosen at our sole discretion. We will not
support or train for third-party products or services chosen by you
including, but not limited to, telecommunications, access to the
Internet, web browsers, Internet service providers, applications
service providers, applications software, networking, operating systems
and computer hardware.
g)
Proprietary Rights.
Your Website PublishPalLite and our website at the primary domain
etronica.com and all secondary level domains thereof, contain
proprietary and confidential information that are protected by
trademark, copyright or other intellectual property laws and
international treaty provisions. Neither party shall disclose such
information to any third party without the other party prior written
consent. All websites, corporate names, service marks, trademarks,
trade names, logos and domain names (collectively, "Marks") of each
party are and shall remain the exclusive property of that party and
nothing in these TOS shall grant either party the right to right or
license to use the other party Marks.
h)
Domain
Registrations and DNS Transfer. We are a reseller of OpenSRS Domain
names. By purchasing a Domain Name from us you agree
to Exhibit
A and this ICANN
Policy.
You shall be solely responsible for the initial and
renewal
payments for your Domain. You shall promptly cooperate with
us in
changing your Domain domain name servers (DNS) as may be required by
our Internet servers. We will not host or manage email for your Domain.
i) Your
Terms of Use for
Your Users. You are free to determine the terms of service for the use
of Your Website except that such terms of service may not violate or
conflict with these TOS or AUP.
j) Access
to Your Website.
We and our subcontractors will make reasonable commercial efforts in
good faith to ensure that your website is available for your and your
Users' use on a 24x7 basis, except that Your Website may be unavailable
for use from time to time for any reason, including without limitation,
interruption due to network connectivity, network and server outages,
and backup and regular maintenance by us or our subcontractors. We will
make best efforts to conduct regular maintenance and backups at times
other than standard business hours. To use Your Website, you and your
Users are responsible at your or your Users' own expense to acquire
access to the World Wide Web, including any services, equipment and
access devices necessary to make such access to the World Wide Web. We
may specify from time to time the version(s) of related products (e.g.,
Internet browsers) required to use PublishPalLite.
k) Your Registration
Obligations. You shall provide true, accurate, current and complete
information about you in the required fields as prompted by any
PublishPalLite registration forms ("Registration Data"), and maintain
and
promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any Registration Data that are
untrue, inaccurate, not current or incomplete, and we notify you of
such breach, you must cure such breach within five days of receiving
notice. If you do not cure the breach within five days of receiving our
notice, or if your Registration Data constitutes or encourages conduct
that would constitute a criminal offense, give rise to a civil
liability, or otherwise violate any applicable local, state, national
or international law, we may immediately suspend or terminate Your
Website and refuse you and your Users' any and all current or future
use of PublishPalLite, your Website or any portion thereof.
l) Your Responsibilities
for Use of Your Website. You shall be solely responsible for your and
your Users' acts and/or omissions in connection with use of Your
Website, and that such use complies with any and all applicable local,
national and international laws, rules and regulations and does not
violate any third party rights.
m) Customer Service. You
shall be solely responsible for handling all inquiries for service
related to Your Website that you receive from any visitor.
n) Modifications to
PublishPalLite or These TOS. We at our sole discretion may at any time
and
from time to time modify (a) these TOS, AUP or Privacy Policy, or (b)
PublishPalLite or any part thereof. We will notify you in writing at
least
thirty (30) days before any such modifications take effect. Your
continued use of PublishPalLite after any such modifications take
effect
shall constitute your acceptance of such modifications. If you do not
agree to such modifications, you may cease all use of PublishPalLite.
SUCH
CESSATION WILL BE YOUR EXCLUSIVE REMEDY IF YOU DO NOT WISH TO ACCEPT
SUCH MODIFICATIONS.
3. Fees. Payment Terms. Billing Disputes. Taxes.
a) General. You agree
to the fees and payment terms set forth in the PublishPalLite
subscription terms. All fees are payable in US dollars through one of
our Payment Processors. In the event your account is deliquent, your
PublishPalLite service will be suspended.
b) Payment By Credit
Card or PayPal. Your monthly subscription fee must be paid by credit
card or PayPal through one of the order form Payment Gateways.
Other forms of payment are not accepted.
c) Taxes. You are
responsible for and shall pay any applicable federal, state, municipal,
local or other governmental sales, use, excise, value-added, personal
property, public utility or other taxes, fees or charges now in force
or enacted in the future, that arise from or as a result of your
Subscription.
4.
Term and Termination.
a) Term. The length of
the Term of your Subscription is monthly ("Term Length"). The Term
begins on the date that we make Your Website accessible to you. Your
first Term is pro-rated so that it ends on the last day of the first
calendar month of your Subscription. Subsequent Terms automatically
renew for a full calendar month, on the first day of each month,
without further action by you unless you give us or we give you written
notice of non-renewal at least 10 days before the end of the month in
which the notice is given.
b) Termination By Us.
Upon reasonable written notice to you under the circumstances, we at
our sole discretion with or without cause may (a) discontinue
PublishPalLite or any part thereof, or (b) suspend or terminate your
Subscription, except that we shall not be obligated to provide with you
advance notice if you (i) do not pay your fees within 10 days of when
they are due, or (ii) engage in any conduct that we reasonably believe
at our sole and absolute discretion (x) violates the letter or spirit
of any term or provision of these TOS or AUP, (y) violates our rights
or the rights of third parties, or (z) is otherwise inappropriate for
continued access to and use of PublishPalLite. Upon termination we may
delete all Content and bar your use of Your Website. We shall not be
liable to you or any third-party for any termination of your or your
Users' use of Your Website.
c) Fees Upon
Termination of Subscription. Expiration of the Term or termination of
these TOS or your Subscription does not excuse you from paying all
unpaid, accrued charges due in relation to your Subscription , and for
charges incurred by us owing to your non-payment such as (but not
limited to) collection costs and attorney fees. You shall not be liable
for any charges you dispute unless the dispute is resolved in our favor.
1. Upon Termination by You. All fees are non-refundable in whole or in
part if you terminate your Subscription prior to the end of its then
current calendar month, meaning that if you terminate your Subscription
prior to the end of the calendar month you will be responsible for the
full month charges to the end of the current month.
2. Upon Termination by Us. If we discontinue PublishPalLite or some
part
thereof, or terminate your Subscription without a stated reason, you
will only be responsible for fees accrued through the date of
termination, including a pro-rated portion of the final Term fees. If
we terminate your Subscription for any stated reason, including without
limitation your violation of these TOS or AUP or your or your Users'
improper use of PublishPalLite or Your Website, you will be responsible
for
the full Term charges to the end of the then current Term, including
without limitation unbilled charges, plus a disconnect fee, all of
which immediately become due and payable. If we terminate your
Subscription because you failed to pay an invoice, you are
fully liable to us for all
charges accrued before termination.
d) Survival Upon
Termination. Sections 2.7, 2.17, 4, 6 and 7 of these TOS shall survive
the termination of your Subscription.
5.
Disclaimer of Warranties; Indemnity; LIMITATION OF LIABILITY.
a) Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF PublishPalLite AND YOUR WEBSITE IS AT YOUR SOLE RISK.
PublishPalLite IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. WE
AND
OUR SUPPLIERS EXPRESSLY DISCLAIM AND MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH
THESE TOS, PublishPalLite OR YOUR WEBSITE INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE
NOT LEGALLY EXCLUDABLE.
2. WE AND OUR SUPPLIERS MAKE NO WARRANTY THAT (i) PublishPalLite OR
YOUR
WEBSITE WILL MEET YOUR REQUIREMENTS OR RESULT IN REVENUES OR PROFITS;
(ii) THE OPERATION OF PublishPalLite, PublishPalLite OUTSIDE RESOURCES,
THE
PAYMENT PROCESSOR OR YOUR WEBSITE WILL BE AVAILABLE, UNINTERRUPTED,
TIMELY, OR ERROR-FREE; (iii) OUR SECURITY MEASURES AND PRACTICES WILL
PROTECT YOUR WEBSITE FROM UNAUTHORIZED ACCESS, INTRUSIONS, TAMPERING OR
OTHER SECURITY BREACHES; (iv) ALTHOUGH PublishPalLite IS GENERALLY
ACCESSIBLE WORLDWIDE, ACCESS TO YOUR WEBSITE WILL BE AVAILABLE TO ALL
PERSONS OR IN ALL LOCATIONS; (v) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF PublishPalLite, PublishPalLite OUTSIDE RESOURCES, THE
PAYMENT
PROCESSOR OR YOUR WEBSITE WILL BE ACCURATE OR RELIABLE; (vi) WE WILL
CORRECT ALL BUGS, DEFECTS, OR ERRORS IN PublishPalLite, OR OTHERWISE
SUPPORT OR MAINTAIN PublishPalLite; OR (vii) THE QUALITY OF ANY
PRODUCT,
SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU OR
YOUR USERS THROUGH PublishPalLite, PublishPalLite OUTSIDE RESOURCES OR
THE
PAYMENT PROCESSOR WILL MEET YOUR EXPECTATIONS.
3. WE EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR OR
YOUR USERS' USE OF PublishPalLite OR OF YOUR WEBSITE WILL SATISFY ANY
STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR
OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS,
INCLUDING BUT NOT LIMITED TO, THE HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT OF 1996 ("HIPAA"), THE GRAMM-LEACH-BLILEY ACT OF
1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE
STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT
YOUR USE OF PublishPalLite OR YOUR WEBSITE, RELATED SERVICES OR CONTENT
IS
IN ACCORDANCE WITH APPLICABLE LAW.
4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
PublishPalLite OR YOUR WEBSITE IS DOWNLOADED OR OBTAINED AT YOUR OR
YOUR
USERS' OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR OR YOUR USERS' COMPUTERS SYSTEMS OR LOSS OF DATA
THAT MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
OR YOUR USERS FROM US OR THROUGH OR FROM PublishPalLite OR YOUR WEBSITE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.
b) Representations and
Warranties. You represent that, to the best of your knowledge and
belief, your use of PublishPalLite or your Content does not directly or
indirectly infringe the legal rights of a third party or violate any
law or regulation. You further represent and warrant that you have full
power and authority under all relevant laws and regulations: (a) to
offer and sell the goods and services offered at your Store, 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 Store; (b) to copy and display the materials
used or displayed at the Store; and (c) to provide for credit card
payment and delivery of goods or services as specified at the Store.
c) Indemnity. You
shall fully indemnify, defend and hold us harmless, our affiliates,
subsidiaries, licensors, licensees and subcontractors, and our and
their directors, officers, agents and employees (collectively,
"Indemnitees"), from any and all claims or demands, (including fines,
penalties, costs, damages or reasonable attorneys' fees) made by any
third party for errors, omissions or any other actions arising out of
or related to your or your Users' use of PublishPalLite or Your
Website;
your or your Users' placement or transmission of Content through
PublishPalLite or Your Website; your or your Users' violation of any
term
of these TOS; or your or your Users' violation of our or other parties'
proprietary rights including those related to your Domain.
d) Limitation of Liability.
1. WE AND OUR SUPPLIERS 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 WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR OR YOUR USERS'
USE OR INABILITY TO USE PublishPalLite OR YOUR WEBSITE; (ii)
MODIFICATION,
SUSPENSION, DISCONTINUANCE, ACCESS DELAYS, ACCESS INTERRUPTIONS, OR
INTERRUPTION OF PublishPalLite, PublishPalLite OUTSIDE RESOURCES, THE
PAYMENT
PROCESSOR OR YOUR WEBSITE; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM PublishPalLite, PublishPalLite OUTSIDE
RESOURCES,
THE PAYMENT PROCESSOR OR YOUR WEBSITE; (iv) UNAUTHORIZED ACCESS TO YOUR
WEBSITE, OR ANY OTHER BREACHES OF PRIVACY OR OF PublishPalLite'S OR
YOUR
WEBSITE'S SECURITY MECHANISMS; (v) NON-DELIVERY, MIS-DELIVERY, DELAY,
DELETION, CORRUPTION, DESTRUCTION, UNAVAILABILITY, ALTERATION OR
TAMPERING OF, OR FAILURE TO STORE OR BACKUP CONTENT; (vi) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON YOUR WEBSITE; (vii) EVENTS BEYOND OUR
REASONABLE CONTROL; (viii) DAMAGE OR LOSS CAUSED OR ALLEGED TO BE
CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON, OR GOODS OR
SERVICES AVAILABLE ON OR THROUGH PublishPalLite OUTSIDE RESOURCES OR
PAYMENT PROCESSOR; OR (ix) ANY OTHER MATTER RELATING TO PublishPalLite
OR
YOUR WEBSITE.
2. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE AMOUNT
PAID IN SUBSCRIPTION FEES BY YOU TO US, TO A MAXIMUM AMOUNT EQUAL TO
SIX (6) MONTHS OF SUBSCRIPTION FEES.
e) Exclusions and
Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS OF SECTIONS 5.1 AND 5.4 MAY NOT APPLY TO YOU.
6.
Dispute Resolution
a) Arbitration. In the
event of any dispute or disagreement with respect to the validity,
construction or performance of these TOS, the dispute or disagreement
will be resolved by arbitration under the rules then in effect
of
the American Arbitration Association. Such arbitration shall be held in
Los Angeles, California, before a single arbitrator. The decision of
the arbitrator shall be conclusive, binding and final and may
be
enforced in any court of competent jurisdiction.
b) Cost of Dispute
Resolution. If either party commences any action or proceeding against
the other party to enforce these TOS, the prevailing party in such
action or proceeding shall be entitled to recover from the other party
the actual attorneys' fees, costs and expenses incurred by such
prevailing party in connection with such action or proceeding and in
connection with enforcing any judgment or order thereby obtained. In
the case of arbitration, the parties shall initially share the cost of
arbitration, but the prevailing party shall be entitled, in addition to
any rights and remedies that it may have, to an award of the costs of
arbitration from the losing party. The costs of arbitration shall
include the costs of transcripts and other expenses of the arbitration
proceedings, actual attorney fees, and any expert fees.
7. General.
a) Notices. Notices to
you may be made via either e-mail, regular mail, overnight courier or
facsimile at your contact addresses of record for us. We may also
provide notices of changes to these TOS or other matters by displaying
notices or links to notices to you generally on PublishPalLite. If you
provide notice to us, such notice shall be sent to: Etronica Inc.,
15332 Antioch Street, #438 , Pacific Palisades, CA 90272; Fax: (559)
380-2863.
b) Governing Law and
Jurisdiction. Except as otherwise provided herein, these TOS shall be
governed by the laws of the State of California without regard to its
conflict of law provisions. Except as otherwise provided in these TOS,
you and us agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Los Angeles , California .
c) Force Majeure.
Neither party shall be liable for any delay or failure to perform
hereunder due to floods, riots, strikes, freight embargoes, acts of
God, acts of war or hostilities of any nature, laws or regulations of
any government (whether foreign or domestic, federal, state, county or
municipal) or any other similar cause beyond the reasonable control of
the party affected. A party relying on such an event to excuse its
performance hereunder shall immediately notify the other party in
writing of the nature of that event and the prospects for that party
future performance and shall thereafter, while that event continues,
respond promptly and fully in writing to all requests for information
from the other party relating to that event and those prospects.
d) Waiver and
Amendments. The delay or failure by either party to exercise or enforce
any of its rights under these TOS shall not constitute or be deemed a
waiver of that party right thereafter to enforce those rights, nor
shall any single or partial exercise of any such right preclude any
other or further exercise thereof or the exercise of any other right.
Except as specifically provided here, no amendment or waiver of any
provision of these TOS shall be effective unless it is in writing and
signed by the party against which it is sought to be enforced.
e) Severability.
Should any provision of these TOS be invalid, illegal or unenforceable
in any respect, such provision shall be severed and the parties
specifically intend that the remaining provisions shall continue as
valid, legal and enforceable, and these provisions shall be integrated
and interpreted in such a way as to give them maximum enforceability
and validity under the applicable law, while retaining the original
intent of the parties with respect to such provisions.
f) Entire Agreement.
These TOS constitutes the entire agreement between you and us and
governs your use of PublishPalLite, superceding any prior agreements
between you and us (including, but not limited to, any prior versions
of these TOS) with respect to their subject matter. You also may be
subject to additional terms and conditions that may apply when you use
affiliate or other of our services, third-party content or third-party
software.
g) Compliance With
Laws. The parties shall comply with all laws and regulations applicable
to the installation, use, import, or export of technology as pertains
to these TOS. Subscriber shall not knowingly transfer, either directly
or indirectly, PublishPalLite or Your Website or any product or part
thereof, process or service which is a direct product of PublishPalLite
or
Your Website to (i) any nation, or its nationals, listed in the United
States Export Administration Regulations, 15 C.F.R. Parts 730-799
(including all amendments), without the prior written authorization of
the U.S. Office of Export Licensing, or (ii) any party not entitled to
use the PublishPalLite or Your Website under these TOS, without our
prior
written consent.
h) Disclaimer of
Agency. These TOS shall not make either party the legal representative
or agent of the other, nor shall either party have the right or
authority to assume, create or incur any liability or any obligation of
any kind, expressed or implied, against, or in the name of or on behalf
of the other party.
i) Publicity. Neither
party shall make or authorize any news release, advertisement or other
written disclosure to any third party concerning these TOS or the other
party without the prior written consent of the other party.
j) Intellectual Property
Rights. These TOS do not limit any rights that we may have under trade
secret, copyright, patent, trademark or other laws.
k) One-Year Limitation. You
must file any claim or cause of action arising out of or related to
these TOS within one (1) year after such claim or cause of action arose
or be forever barred.
l) Titles. The section
titles in these TOS are for convenience only and have no legal or
contractual effect.
m)
Assignees. These TOS
will inure to our benefit of the benefit of our successors and assigns.
PublishPalLite
ACCEPTABLE USE POLICY
1. Subject to the Terms of Service. This Acceptable Use
Policy ("AUP") is subject to the terms and conditions of, the Terms of
Service that governs your PublishPalLite Subscription ("TOS") .
2. Prohibited Uses. You shall not use PublishPalLite or Your
Website to participate in any communication or use of material of any
kind when the transmission, receipt or possession of such communication
or material would constitute or encourage conduct that would constitute
a criminal offense, give rise to a civil liability, or otherwise
violate any applicable local, state, national or international law.
3. Content.
a) "Content"
collectively refers to any information, data, documents, text
(including but not limited to names of files, databases, directories
and groups/workgroups of the same), messages and other communications,
software, music, sound, photographs, graphics and video that are
uploaded or caused to be uploaded onto, or downloaded or caused to be
downloaded from, Your Website by you or your Users.
b) By submitting Content to Your Website, you warrant that:
1. you are the owner of such Content, or have been granted all the
rights necessary from the owner of such Content to submit such Content
to Your Website, and
2. the use of such Content by your Users will not infringe or
misappropriate the intellectual property rights of or otherwise violate
the rights of any third party or any law or regulation.
c) You shall not use Your Website to:
1. upload or otherwise transmit any Content or domain name that is
unlawful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another privacy, hateful, or
racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, any
our representative, or misrepresent your affiliation with any person or
entity;
4. forge headers or otherwise manipulate identifiers to disguise the
origin of any Content transmitted through Your Website;
5. upload or otherwise transmit any Content that you do not have a
right to transmit under any law or under contractual relationships
(such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under
nondisclosure agreements);
6. upload or otherwise transmit any Content or domain name that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any person;
7. upload or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, 'junk mail,' 'spam,' 'chain
letters,' 'pyramid schemes,' or any other form of solicitation, except
in those areas of PublishPalLite that may be designated for such
purpose;
8. upload or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment;
9. interfere with or disrupt PublishPalLite or servers or networks used
by PublishPalLite;
10. violate any applicable law or regulation, including, but not
limited to, regulations promulgated by the U.S. Securities and Exchange
Commission and any rules of any securities exchange, and laws regarding
the export of technical data;
11. incite or provide instructional information about illegal
activities; or
12. conduct raffles, contests, lotteries or sweepstakes, except in
those areas of PublishPalLite that may be designated for such purpose.
d) We do not
pre-screen Content, but we and our agents shall have the right (but not
the obligation) in our sole discretion to refuse or remove any Content
from Your Website that violate either the TOS ort this AUP or is
otherwise objectionable. You 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.
4. Spam. You may not use Your Website nor allow your Users
to use your Public Website to email or otherwise transmit, distribute,
publish or disseminate any unsolicited advertising, survey, promotional
materials, 'junk email,' 'spam,' 'chain letters,' 'pyramid schemes,' or
any other form of solicitation or duplicative or unsolicited messages
(commercial or otherwise) with respect to Your Website, or any other
business, product or service, and may not use Your Website as the
return address on any unsolicited communication. Without limitation,
you and your Users may not use services like the 'Invite Others to This
Site' feature of PublishPalLite to send e-mail communications to a
prospective User unless you or your Users have a reasonable basis to
believe that the recipient will want to become a User. We encourage you
and your Users to help us enforce this policy. To report a violation,
contact us at abuse@etronica.com. We will cooperate with legal
authorities in releasing information about PublishPalLite subscribers
and
their Users who violate our anti-spam policy.
5. Privacy. Your use of Your Website is subject to our
Privacy Policy and you consent to the use of your information in
accordance with such privacy statement. You will not participate in or
facilitate any breach of the PublishPalLite Privacy Policy.
6. No Resale, Etc. of PublishPalLite. You shall not copy,
sell, resell, rent or sublicense (including offering PublishPalLite to
third parties on an applications service provider or time-sharing
basis), lease, loan, redistribute, or create a derivative work of any
portion of PublishPalLite, use of PublishPalLite, or access to
PublishPalLite. Such
restrictions do not apply to the Content on Your Website or fees you
may charge your Users to use your Public Website.
7. Unauthorized Access. You and your Users shall not
attempt to access or use any other of our systems, programs or data
that are not made explicitly available for your use or the use of the
Users. You agree not to access or use nor allow others to access or use
Your Website by any means other than through the interface that is
provided by us for using Your Website.
Last updated May 23, 2008
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