Welcome to eBiz-U. By joining our service, you will be
provided with a website that you may operate as your own
business. The following are the terms and conditions for
use of our web site and services (the "Service")
by you (the "Member").
This Service is provided to individuals who are at
least 18 years old or minors who have parental permission to open
and maintain an account with us. By completing the order process,
you are stating that you agree to be bound by all of the Terms of
Service within this site.
1. Description of the Service
Our company provides its subscribing Members with
access to a custom web-based Service and applications on a fee paid
basis. We reserve the right to change, suspend, or discontinue features
of the Services; in whole or in part; at any time; impose limits
on features or aspects of the Services; all without giving prior
notice or incurring liability to any parties. Unless explicitly
stated otherwise, any new applications or features and any changes
to the current Services shall be subject to these Terms.
2. Ownership
To participate in the Service, you acknowledge that
eBiz-U shall maintain ownership of the Member's website including
but not limited to the code, images, text, graphics, design, and
intellectual property. The Member recognizes that the website contains
proprietary and copyrighted content and that eBiz-U reserves the
right to display a copyright notice on any or all pages of the website.
Any domain name registered by eBiz-U through an authorized
registrar for the purposes of the Service shall remain the property
of eBiz-U and will not be transferred or sold without our explicit
consent. Members who provide their own domain name during the registration
process shall retain rights to ownership.
The Member may maintain ownership of items they provide
to eBiz-U, and in the event of cancellation of the Service, shall
retain ownership of those items. It will be the responsibility of
the Member to maintain copies of any text, code, images, graphics,
or other content that they provide to be included in part or in
whole for the Service.
3. Fees
By completing the Order form, you agree by the terms
as stated at time of your order and to the terms described here
in the Terms of Service. Upon completion of your Order, you agree
in good faith to pay the fees as described at the time of Order.
It is the Members responsibility to keep track of due dates and
amounts of fees to be paid. Fees once submitted are non-refundable
in whole or in part in the event of cancellation. Moreover, any
fees submitted by the Member for payment of custom design work,
or in conjunction with requests from the Member to have content
added to the Member's website, are also non-refundable upon completion
of services performed.
The fees for setting up a website shall be associated
with one domain name. If the Member decides to change the domain
name once the website is complete, a setup fee will be required
for the new domain name.
The Service can be cancelled by either party at any time
as described within this Terms of Service and at which time
any recurring fees for the Service shall also be cancelled
so that they do not bill again. Refunds or credits will
not be issued for any "unused" time. The website
will just remain active until the end of the subscription
term.
4. Privacy Policy
Our Privacy policy can be found at the bottom of this
or any other page at our web site. The Privacy policy forms part
of these Terms. Assenting to this agreement implies agreement to
the Privacy policy.
5. Registration
To open an account with our organization, you must
complete the order process by providing us with current, complete
and accurate information as prompted by the Order form. You then
will be entitled to make the selections for your website and account.
You are responsible for maintaining the confidentiality of your
account. Furthermore, you are entirely responsible for any and all
activities that occur under your account. The Member warrants that
our products or services will not be used for any purpose that is
unlawful or prohibited by these Terms and is responsible for all
acts or omissions that occur under the Member's account.
Without limitation the Member agrees that our services
will not be used to:
- upload, store, post, email or otherwise transmit, distribute,
publish or disseminate any Site Information or other information
that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, or libelous, or promotes such activity;
- upload, store, post, link to, email or otherwise transmit,
distribute, publish or disseminate any Site Information, Content
or other information or material that (or the transmission, distribution,
publication or dissemination of which) infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party
or otherwise violates the legal rights (such as rights of privacy
and publicity) of others, violates any contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships
or under nondisclosure agreements) or is otherwise objectionable;
- 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);
- provide inaccurate, incomplete, outdated or misleading Registration
Information, create a false identity or manipulate identifiers to
mislead others to disguise the origin of any information stored
on the Subscribing Organization Site or transmitted through the
Services, or impersonate any person or entity, or otherwise misrepresent
any affiliation with a person or entity;
- use, download or otherwise copy, or provide to a person
or entity that is not one of the Subscribing Organization's Members
any portion of the Services or any Content or any portion thereof;
- upload, store, post, link to, email or otherwise transmit,
distribute, publish or disseminate any material that contains software
viruses, trojan horses, worms, time bombs, cancelbots 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 or circumvent any "copy-protect"
devices, or any other harmful or disruptive program, or any warez,
cracks, hacks, associated utilities or other piracy related information;
- attempt to gain unauthorized access to the Services, Content,
other Subscribing Organization Sites or Site Information or Personal
Information, or other computer systems, servers or networks connected
to the Services;
- violate (intentionally or unintentionally ) any applicable
local, state, national or international law or regulation.
- upload, store, post, email or otherwise transmit, distribute,
publish or disseminate any site Information or other information
that is harmful to minors in any way.
- for any part of this service which is a paid service, you
will be charged a fee that is stated during the Order process. You
agree to notify us immediately of any unauthorized use of your account
or any other breach of security. The Member acknowledges that we
do not monitor any of the information transmitted through the Services,
any Site Information or any use thereof except to the limited extent
as may be permitted in the Privacy Statement. We shall have the
right (but not the obligation) to delete, move or edit any information
and require the user to delete, move or edit any Site information
that violates these Terms.
6. BACKUP
We regularly back up Site Information of Members.
We shall have no liability for any failure to back up or restore
such Site Information, or for interruptions, delay or suspension
of access to or unavailability of such Site Information, or any
loss of Site Information, data or transmissions.
7. DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law,
we expressly disclaim all warranties and conditions, express or
implied, including, but not limited to, implied warranties and conditions
of merchantability, merchantable quality, correspondence to description,
deletion or unauthorized access to any of the Member's materials,
any loss of data, transmissions or site information resulting from
hardware or software outages or any other reason, any infringement
of another's rights, including without limitation, intellectual
property rights, conduct of any of the members, any goods or services
purchased or obtained from any sponsor, advertiser, content provider
or partner or any third party whether based on contract, tort, negligence,
strict liability or otherwise. We do not represent or warrant that
the Service materials will be uninterrupted or error-free, that
defects will be corrected, or that this site or the server that
makes it available, are free of viruses or other harmful components.
8. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law,
under no circumstances, including, but not limited to, negligence,
shall we be liable for any direct, indirect, incidental, special
or consequential damages that result from the use of or the inability
to use the Service, any changes to the Service, unauthorized access
to or alteration of your transmissions or data, any material or
data sent or received or not sent or received, or any transactions
entered into through the Service. You specifically agree that we
are not responsible or liable for any threatening, defamatory, obscene,
offensive or illegal content or conduct of any other party or any
infringement of another's rights, including intellectual property
rights. If you are dissatisfied with the Service, the materials
available on or through the Service, or with any of our terms and
conditions, your sole and exclusive remedy is to discontinue using
our service.
LIMITATION OR EXCLUSION OF WARRANTIES CONDITIONS,
AND/OR LIABILITY FOR SOME TYPES OF DAMAGES MAY NOT BE PERMITTED
IN SOME JURISDICTIONS, IN WHICH CASE SOME OR ALL OF SECTIONS 5 AND
6 MAY NOT APPLY TO YOU. IF PERMITTED BY LAW, OUR LIABILITY IS LIMITED
TO RESUPPLYING THE SERVICE.
9. INDEMNIFICATION
You agree to indemnify and hold our organization,
its parents, subsidiaries, affiliates, officers and employees, harmless
from any claim, demand, or damage, including reasonable attorneys'
fees, asserted by any third party due to or arising out of your
use of or conduct on the Service.
10. TERMINATION
We may terminate the Service with or without cause
at any time and effective immediately. In addition, we may in our
sole discretion terminate your account for violation of the letter
or spirit of the Terms of Service.
If you wish to terminate your account, your only recourse is to
notify us in writing, by email, or by canceling your subscription
with the original payment processor. This will indicate
that you wish to cancel your account. Upon cancellation,
no fees already paid in whole or in part will be refunded.
Upon termination of the Service, your right to use the Service
immediately ceases. We shall have no obligation to maintain
any content in your account.
We may terminate the service for non-payment at any time.
11. NO SPAM; DAMAGES
We will immediately terminate any account which it
believes, in its sole discretion, is transmitting or is otherwise
connected with any spam or other unsolicited bulk email. In addition,
because damages are often difficult to quantify, you agree to pay
us liquidated damages of $5 for each piece of spam or unsolicited
bulk email transmitted from or otherwise connected with your account,
or our actual damages, whichever is greater.
12. PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited
to text, software, music, sound, photographs, video, graphics or
other material contained in either sponsor advertisements or email-distributed,
commercially produced information presented to you by the Service,
by our organization or our Advertisers or other content providers,
are protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. You may make a copy of this
content for your personal, non-commercial use only, provided that
you keep all copyright and other proprietary notices intact.
You may not modify, copy, reproduce, republish, upload,
post, transmit, or distribute in any way content available through
the Service, including code and software.
13. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
We reserve the right to change the Terms of Service
or policies regarding the use of the Service at any time and to
notify you by posting an updated version of the Terms of Service
on our website.
14. LAWS
The Terms of Service shall be governed by and construed
in accordance with the laws of the state of Minnesota and the United
States of America, excluding their conflict of law provisions. You
and our organization agree to submit to the exclusive jurisdiction
of the courts located in Minneapolis in the state of Minnesota.
If any provision(s) of the Terms of Service is held by a court of
competent jurisdiction to be contrary to law, then such provision(s)
shall be construed, as nearly as possible, to reflect the intentions
of the parties with the other provisions remaining in full force
and effect.
Your access and use of this Service is governed by
all applicable federal, state and local laws. All information available
on this Website is subject to U.S. export control laws and may also
be subject to the laws of the country where you reside.
Our failure to exercise or enforce any right or provision
of the Terms of Service shall not constitute a waiver of such right
or provision unless acknowledged and agreed to by us in writing.
You and our organization agree that any cause
of action arising out of or related to this Service must
commence within one (1) year after the cause of action arose;
otherwise, such cause of action is permanently barred.
The section titles in the TOS are solely used
for the convenience of the parties and have no legal or contractual
significance.
eBusiness
Designed for You.
