| Terms of Service agreement |
| IMPORTANT: READ CAREFULLY
The following is the Terms of Service ("TOS") agreement between you and CyberWEB Networks.
BY CLICKING THE "I ACCEPT" CHECKBOX AND COMPLETING THE REGISTRATION
PROCESS, YOU ARE STATING THAT YOU ARE ELGIBLE FOR AN ACCOUNT AND THAT
YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE.
1. ACCEPTANCE OF TERMS
CyberWEB Networks provides its services to you, subject to the following
Terms of Service ("TOS"), which may be updated by us from time to time
without notice to you. In addition, when using particular
CyberWEB Networks services, you shall be subject to any posted
guidelines or rules applicable to such services that may be posted from time to time.
All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
CyberWEB Networks currently provides users with access to a collection of
on-line resources, including personal Web page hosting services, various
communications tools, search engine submission services, personalized content
and branded programming through its network of properties (the "Service"). Unless
explicitly stated otherwise, any new features that augment or enhance the current
Service, including the release of new CyberWEB Networks properties,
shall be subject to the TOS. You understand and agree that the Service is provided
"AS-IS" and that CyberWEB Networks assumes no responsibility for
the timeliness, deletion, mis-delivery or failure to store any user communications
or personalization settings.
In order to use the Service, you must obtain access to the Internet/World
Wide Web, either directly or through devices that access Web-based content,
and pay any service fees associated with such access. In addition, you
must provide all equipment necessary to make such connection to the
Internet/World Wide Web, including a computer and modem or other access
device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as prompted
by the Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or
CyberWEB Networks has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete,
CyberWEB Networks has the right to suspend or terminate
your account and refuse any and all current or future use of the Service
(or any portion thereof).
4. CyberWEB Networks PRIVACY POLICY
Registration Data and certain other information about you is subject
to our Privacy Policy. For more information, please see privacy policy
at privacy.php
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing
the Service's registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree
to (a) immediately notify CyberWEB Networks of any
unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session.
CyberWEB Networks cannot and will not be liable for any
loss or damage arising from your failure to comply with this Section 5.
6. PAYMENT
Payment for the Service selected by you will be on a pre-paid basis, due
and payable at the beginning of the term, and will continue billing at the
beginning of any and all subsequent terms until such time as you or we
terminate the Service.
Additional Payment Terms for Premium Listings
To participate in the Premium Listings Service, you must be an active, current
CyberWEB Networks member. You agree to pay us for all charges
incurred by your use of the Premium Listings service. For charges generated
through the delivery of clicks to your site, you will be charged based on actual
clicks and pay all charges in US Dollars. All charges are exclusive of taxes.
Charges are solely based on our click measurements. You are responsible for
paying all taxes and government charges, and reasonable expenses and attorney
fees we incur in any action associated with the collection of service fees. You
agree to submit any claims or disputes regarding any charge to your account in
writing to us within sixty (60) days of such charge otherwise such claim or
dispute will be waived and such charge will be final and not subject to challenge.
Any one-time service fees charged to your account and any initial deposit,
the value of which will be credited to your account, are non-refundable. When
your funds on deposit with us fall below the minimum level for active accounts,
defined as 20% of your estimated monthly click charge, we will automatically bill
your credit card, charge card, or debit card on file the amount equal to the
minimum monthly amount (defined as your Average Daily Spend amount multiplied
by 30 days), as specified by you during the Premium Listings signup. We reserve
the right to change the minimum level for active accounts at any time. You have
the option of terminating your Premium Listing service at any time. Such
termination of your Premium Listing service shall be effective at the end of
your normal 30 day billing cycle, or when you funds on deposit are exhausted.
At time of notice of termination, we reserve the right to allocate any or all
of your available funds to any outstanding charges or fees due us. Upon the
effective date of termination, your listings will be removed from the search
engines.
7. MEMBER CONDUCT
As a condition of your use of the Service, you warrant to
CyberWEB Networks that you will not use the Service for
any purpose that is unlawful or prohibited by these terms, conditions and
notices. You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that you, and not
CyberWEB Networks, are entirely responsible for all
Content that you upload, post, email or otherwise transmit via the Service.
CyberWEB Networks does not control
the Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by
using the Service, you may be exposed to Content that is offensive, indecent
or objectionable. Under no circumstances will
CyberWEB Networks be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of the use of
any Content posted, emailed or otherwise transmitted via the Service.
The Service is provided to individuals and for personal use only. You
agree to abide by all applicable local, state, national and international
laws and regulations and are solely responsible for all acts or omissions
that occur under your account or password, including the content of your
transmissions through the Service. You agree to not use the Service to:
You acknowledge that CyberWEB Networks does not pre-screen
Content, but that CyberWEB Networks and its designees shall
have the right (but not the obligation) in their sole discretion to refuse or
move any Content that is available via the Service. Without limiting the foregoing,
CyberWEB Networks and its designees shall have the right to
remove any content that violates the TOS 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. In this regard, you acknowledge that you may not rely on any
Content created by CyberWEB Networks or submitted to
CyberWEB Networks.
You acknowledge and agree that CyberWEB Networks may
preserve Content and may also disclose Content if required to do so by law or
in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third-parties; or (d)
protect the rights, property, or personal safety of
CyberWEB Networks, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
CyberWEB Networks reserves the right to reject any
advertisements from entities for any reason, including those products and/or
advertisements deemed to be inappropriate in any way. This includes
advertisements or links to pornography, violence, vulgar language,
dating/personal ad sites, mp3 sites, gambling, racial/hate promotion,
foreign language etc.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet/World Wide Web, you agree to
comply with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country
in which you reside.
8. CONTENT SUBMITTED TO CyberWEB Networks
CyberWEB Networks does not claim ownership of the Content
you place on your site. By submitting Content to CyberWEB Networksfor inclusion on your site, you grant CyberWEB Networksthe world-wide, royalty-free, and non-exclusive license to reproduce, modify,
adapt and publish the Content solely for the purpose of displaying, distributing
and promoting your site on CyberWEB Networks's properties.
This license exists only for as long as you continue to be a
CyberWEB Networks homesteader and shall be terminated at the
time your site is terminated.
You acknowledge that CyberWEB Networks does not pre-screen
Content, but that CyberWEB Networksand its designees shall have the right (but not
the obligation) in their sole discretion to refuse or remove any Content that
is available via the service. Without limiting the foregoing,
CyberWEB Networks and its designees shall have the right to
remove any Content that violates the TOS 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.
10. INDEMNITY
You agree to indemnify and hold CyberWEB Networks, and its
subsidiaries, affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you submit,
post to or transmit through the Service, your use of the Service, your
connection to the Service, your violation of the TOS, or your violation
of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or
access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that CyberWEB Networks may establish general
practices and concerning use of the Service, including without limitation the
maximum number of days that email messages, message board postings or other
uploaded Content will be retained by the Service, the maximum number of email
messages that may be sent from or received by an account on the Service, the
maximum size of any email message that may be sent from or received by an
account on the Service, the maximum disk space that will be allotted on
CyberWEB Networks's servers on your behalf, and the
maximum number of times (and the maximum duration for which) you may
access the Service in a given period of time. You agree that
CyberWEB Networks has no responsibility or liability for
the deletion or failure to store any messages and other communications or
other Content maintained or transmitted by the Service. You acknowledge
that CyberWEB Networks reserves the right to log off
accounts that are inactive for an extended period of time. You further
acknowledge that CyberWEB Networks reserves the right to
change these general practices and limits at any time, in its sole
discretion, with or without notice.
13. MODIFICATIONS TO SERVICE
CyberWEB Networks reserves the right at any time and from
time to time to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You agree that
CyberWEB Networks shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
14. TERMINATION
You agree that CyberWEB Networks, in its sole discretion,
may terminate your password, account (or any part thereof) or use of the
Service, and remove and discard any Content within the Service, for any
reason, including, without limitation, for lack of use or if
CyberWEB Networks believes that you have violated or
acted inconsistently with the letter or spirit of the TOS.
CyberWEB Networks may also in its sole discretion and
at any time discontinue providing the Service, or any part thereof,
with or without notice. You agree that any termination of your access
to the Service under any provision of this TOS may be effected without
prior notice, and acknowledge and agree that CyberWEB Networksmay immediately deactivate or delete your account and all related information
and files in your account and/or bar any further access to such files or
the Service. Further, you agree that CyberWEB Networksshall not be liable to you or any third party for any termination of
your access to the Service.
15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and
such advertiser. You agree that CyberWEB Networks shall
not be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such
advertisers on the Service.
16. THIRD PARTY LINKS
The Service may provide, or third parties may provide, links to other
Internet/World Wide Web sites or resources. Because
CyberWEB Networks has no control over such sites and
resources, you acknowledge and agree that CyberWEB Networksis not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such sites or
resources. You further acknowledge and agree that
CyberWEB Networks shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
17. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the Service
or advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly authorized
by CyberWEB Networks or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part.
CyberWEB Networks grants you a personal, non-transferable
and non-exclusive right and license to use the object code of its Software
on a single computer; provided that you do not (and do not allow any third
party to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through the
interface that is provided by CyberWEB Networks for use in
accessing the Service.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) OUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. CyberWEB NetworksEXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) CyberWEB Networks MAKES NO WARRANTY THAT (i)
THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM CyberWEB Networks OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CyberWEB NetworksSHALL 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 CyberWEB Networks HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT
APPLY TO YOU.
22. SPECIAL ADMONITION FOR SERVICES RELATING
TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections
18 and 19 again. They go doubly for you. In addition, for this type of
information particularly, the phrase "Let the investor beware" is apt.
The Service is provided for informational purposes only, and no Content
included in the Service is intended for trading or investing purposes.
CyberWEB Networks shall not be responsible or liable for
the accuracy, usefulness or availability of any information transmitted
via the Service, and shall not be responsible or liable for any trading
or investment decisions made based on such information.
22. NOTICE
Notices to you may be made via either email or regular mail. The Service
may also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
23. TRADEMARK INFORMATION
CyberWEB Networks, CyberWEB NetworksNetwork, the CyberWEB Networks logo, all trademarks and
service marks, and other CyberWEB Networks logos and
products and services names are trademarks of CyberWEB Networks(the "CyberWEB Networks Marks"). Without
CyberWEB Networks's prior permission, you agree not to
display or use in any manner, the CyberWEB Networks Marks.
24. COPYRIGHTS AND COPYRIGHT AGENTS
CyberWEB Networks respects the intellectual property of
others, and we ask our users to do the same. If you believe that your work
has been copied in a way that constitutes copyright infringement, please
contact us
and provide the following information:
25. GENERAL INFORMATION
The TOS constitute the entire agreement between you and
CyberWEB Networks and govern your use of the Service,
superceding any prior agreements between you and CyberWEB Networks.
You also may be subject to additional terms and conditions that may apply when you
use affiliate services, third party content or third party software. The TOS and
the relationship between you and CyberWEB Networksshall be governed by the laws of the
State of California without regard to its conflict of law provisions. You and
CyberWEB Networks agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Los Angeles, California.
The failure of CyberWEB Networks to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS 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 the other
provisions of the TOS remain in full force and effect. You agree 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 TOS must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
26. NO SPAM; DAMAGES; VIOLATIONS;
CyberWEB Networks will immediately terminate any account that
it believes, in its sole discretion, is transmitting or is otherwise connected
with any spam or other unsolicited bulk e-mail. In addition, because damages are
often difficult to quantify, if actual damages cannot be reasonably calculated
then you agree to pay CyberWEB Networks liquidated damages of
$5 for each piece of spam or unsolicited bulk e-mail transmitted from or otherwise
connected with your membership, otherwise you agree to pay
CyberWEB Networks actual damages, to the extent such actual
damages can reasonable calculated. Please
Contact Us
to report any violations of the TOS.
27. CANCELLATION POLICY
You may cancel your subscription at any time, but cancellations will not become
effective until the end of your current billing cycle. No partial term refunds
will be given.
28. 30 DAY MONEY BACK GUARANTE
Upon your notification, We will refund your subscription fee within 30 day of
signing up. Any free trial period is included within the 30 day refund window.
If applicable, any one time non-subscription based fees and any set-up,
transactional-based fees, such as our Premium Listings service or Pay Per
Click search engine submission service, are non-refundable and are not
included in this 30 day refund policy.
I HAVE READ, UNDERSTAND AND AGREE TO THE FOLLOWING TERMS OF SERVICE
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