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SourceWebs.com Terms of Service 1. ACCEPTANCE OF TERMS Welcome to Sorbtree Corporation ("SourceWebs.com"). Your use of SourceWebs.com products and tools are subject to these Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://sourcewebs.com/agreement/tos/. By completing the registration process ("registration process"), the user (“account owner” or "you"): (a) agree to be bound by these TOS; (b) represent and warrant that, if you are an individual, you are 18 years old or older or, if you are an entity, that you are a corporation, partnership, or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept these TOS; (c) agree to provide true, accurate, current, and complete information in the registration form, including billing and credit card related information and other account information (all together, the "account information"), and agree to maintain and update this information to keep it true, accurate, current, and complete; (d) agree to be bound by the terms of the ICANN Uniform Domain Name Dispute Resolution Policy located at http://www.icann.org/udrp/udrp.htm as may be amended or relocated from time to time; and (e) represent and warrant that you have the power and authority to enter into and perform under these TOS. If these TOS or any future changes are unacceptable to you, your sole remedy is to cancel your account. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS, DO NOT COMPLETE THE REGISTRATION PROCESS. SourceWebs.com provides account owners with access to a rich collection of resources, including various website building tools, domain management tools, statistical tools, promotional tools, and email management tools (the "service"). You also understand and agree that the service may include advertisements and that these advertisements are necessary for SourceWebs.com to provide the service. You also understand and agree that the service may include certain communications from SourceWebs.com, such as service announcements, administrative messages, and that these communications are considered part of SourceWebs.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current service, including the release of new properties, shall be subject to the TOS. You understand and agree that the service is provided "AS-IS" and that SourceWebs.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the service.
The SourceWebs.com email experience is best when people follow a few rules. Here are some key rules that apply to SourceWebs.com email, in addition to those set forth in these TOS: User understands and agrees the technical processing and transmission of email communications is and may be required (a) to send and receive messages; (b) to conform to the technical requirements of connecting networks; (c) to conform to the limitations of the service; or (d) to conform to other, similar technical requirements. Please report any violations of these rules or TOS to: abuse@sourcewebs.com. IF YOU REGISTER A NEW DOMAIN NAME If you register a new domain name, the following terms apply in addition to those set forth in the TOS: SourceWebs.com has chosen RegisterFly.com, Inc. ("RF") to provide domain name registration services. You hereby authorize SourceWebs.com to acquire your selected domain name from RF. In order to receive a domain name, you must agree to RF's terms and conditions located at http://registerfly.com/info/terms.php for all domain names, as each set of terms may be amended from time to time. You understand that you are creating a separate contractual relationship between you and RF, and that you, and not SourceWebs.com, are responsible for all fees, liability, and obligations in connection with that relationship. Until your account service is cancelled or otherwise terminated, SourceWebs.com will pay on your behalf the domain registration/renewal fees as part of the SourceWebs.com service. You agree that your obligations to indemnify includes any claim or demand associated with your domain name, any domain name pre-registration services provided through the service, or the RF terms and conditions. Sorbtree Corporation will be listed as the contact in connection with your domain name. You hereby authorize Sorbtree Corporation to list itself as the registrant, administrative, billing contact, technical contact and name server in connection with your domain name and to take any actions Sorbtree Corporation deems appropriate in those capacities. However, upon termination of the service, Sorbtree Corporation may immediately cease acting in those capacities and reserves the right to transfer your account to RF for collection of past-due amounts. In the event of such transfer, you authorize RF to serve as the billing contact, technical contact and name server in connection with your domain name, and to take any actions RF deems appropriate in those capacities. Upon termination of the service, SourceWebs.com will not be responsible to forward any notices, emails or other correspondence to you or to take any other actions in connection with your domain name. You will be solely responsible for all ongoing fees, unless SourceWebs.com decides otherwise. IF YOU WANT TO USE YOUR EXISTING DOMAIN NAME If you choose to use a domain name under the service that you have already registered with another provider, you must request that the original registrar change the name servers for the domain name as designated by SourceWebs.com, on your behalf. PLEASE NOTE: IF YOU CHOOSE TO USE A DOMAIN NAME UNDER THE SERVICE THAT YOU HAVE ALREADY REGISTERED WITH ANOTHER PROVIDER, THE FEES PAYABLE TO SOURCEWEBS.COM FOR THE SERVICE DO NOT INCLUDE REGISTRATION FEES OWED BY YOU TO YOUR PRIOR PROVIDER, AND YOU WILL CONTINUE TO BE RESPONSIBLE FOR ALL ONGOING FEES FOR THAT DOMAIN NAME WITH YOUR CURRENT PROVIDER, INCLUDING RENEWAL FEES. ADDITIONALLY, IF YOU CHOOSE TO TRANSFER A DOMAIN NAME PREVIOUSLY REGISTERED THROUGH ANOTHER REGISTRANT YOU HEREBY AUTHORIZE SOURCEWEBS.COM TO SUBMIT A REQUEST TO THE REGISTRANT TO CHANGE THE NAME SERVERS TO SOURCEWEBS.COM AND/OR CONTACT INFORMATION TO SORBTREE COPORATION ON YOUR BEHALF. SUCH REQUEST BY SOURCEWEBS.COM WILL NOT BE FINALIZED UNTIL YOU PROVIDE AUTHORIZATION TO THE REGISTRANT.
SourceWebs.com is engaged in the business of providing services to you. It is important for you to be fully informed about your responsibilities when using the services. The purpose of this acceptable use policy is to define those responsibilities in plain English. Account Owners, not SourceWebs.com, are solely responsible for and assume all liability relating to their Internet activities, including: It is important for all of our account owners to read and understand these TOS. By using the services and accepting the TOS, our account owners agree to comply with this policy and also agree to indemnify SourceWebs.com against any claims by third parties arising from violation of these TOS. PAYMENT TERMS Unless modified, you will pay all fees due according to the prices and terms applicable to your services, including option features. All installation or setup fees and non-recurring charges, along with the first month’s recurring charges, shall be due and payable within ten (10) days of initiation of the service. Thereafter, recurring fees will be charged in advance to your credit card. If your credit card is invalid or you are otherwise past due in your payments for any reason, account and website may be terminated and removed from SourceWebs.com servers by SourceWebs.com with or without notice, and all the information contained within deleted permanently. SourceWebs.com accepts no liability for information or content that is deleted due to an invalid credit card or where your payments are past due. Reactivation of the service after termination or cancellation for any reason may require the payment of additional setup fees. In the event you fail to pay charges, SourceWebs.com may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, you agree to reimburse SourceWebs.com for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You also agree to pay all current charges for the service as well as taxes and fees assessed against you or SourceWebs.com on the charges and all late payment, interest, or other fees as stated on your bill. SourceWebs.com may modify its billing practices or late payment charges by providing you with prior written notice of the modification. SourceWebs.com in its discretion may offer discounts or special offers from time to time. UPGRADES OR DOWNGRADES You can upgrade or downgrade your account between plans and products listed on SourceWebs.com at any time. Such upgrade or downgrade will take effect immediately. The credit card that you provided will automatically be charged for the new fees and be credited and amounts to be refunded, if any. In the event that you change from one monthly service to another, your credit will be charged a pro-rata amount for the upgraded service and credit a pro-rata amount for the unused previous service. In the event that you change from a monthly service to an annual service, your credit card will be charged for the entire annual service and credited a pro-rata amount for the unused monthly service. In the event that you change from an annual service to a monthly service, no refunds will be provided. The refund and charge will both be based on the number of days remaining in your contract term. The contract term and anniversary date may change if you change from a monthly service to an annual service, or vice versa. You may also be charged, as applicable, an upgrade or downgrade fee. Fees may not be credited towards other services. For upgrades, downgrades, or cancellations, there is no refund of any unused portion of the service. Sorbtree Corporation will own the domain name until the end of your prepaid term. PRICE CHANGES SourceWebs.com may, upon notice required by applicable laws, at any time change the amount of or basis for determining any fee or charge or institute new fees or charges with respect to the service. Upon renewal the prices charged may be changed without notice to the then prevailing price for the services. TAXES You shall pay or otherwise be responsible for all federal, state/provincial, or local sales, use, excise, gross receipts, municipal fees, transfer, transaction, property, or similar taxes, fees, or surcharges (hereinafter "tax") imposed on, or with respect to, the services under these TOS. PAYMENT TERMS AND CANCELATION If you cancel before the end of the payment term, your cancellation will take effect at the end of that term. Your domain name will remain registered for its current term, but will cease working with your email and pointing to your website. If your credit card is invalid for any reason, your account will be cancelled and all the information contained within it deleted permanently. SourceWebs.com accepts no liability for information that is deleted due to an invalid credit card. You agree that SourceWebs.com may, under certain circumstances and without prior notice, immediately terminate your SourceWebs.com account, any associated email address, and access to the service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the services. Termination of your SourceWebs.com account includes (a) removal of access to all offerings within the service, including but not limited to your website and email, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the service. Further, you agree that all terminations for cause shall be made in SourceWebs.com's sole discretion and that SourceWebs.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the service. You will receive a password from SourceWebs.com to provide access to and use of your service and you agree to keep your password confidential. You are entirely responsible for maintaining the security of Your Service, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with the registered domain name, including any email accounts or sub-accounts that you create for you or other individuals ("email users"). You agree to immediately notify SourceWebs.com of any unauthorized uses of the service or any other breaches of security. SourceWebs.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will SourceWebs.com be liable, in any way, for any acts or omissions of you or any user of your service to whom you gave access, including any damages of any kind incurred as a result of such acts or omissions. You understand that all information, data, text, software, music, sound, photographs, graphics, layouts, designs, video, messages, goods, products, services, links to other World Wide Web sites or resources, and 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 SourceWebs.com, are entirely responsible for all content that you upload, post, transmit, or otherwise make available via the service. The content must comply with these TOS, including applicable SourceWebs.com policies, and any applicable law or regulation. CONTENT OWNERSHIP SourceWebs.com does not claim ownership of the content you add to your service. By submitting content to SourceWebs.com for inclusion on your service, you grant SourceWebs.com and Sorbtree Corporation to use, distribute, display, reproduce and create derivative works from such material or content in any and all media and display in any manner and on any Sorbtree Corporation property. You also grant SourceWebs.com the right to maintain such content on SourceWebs.com's servers during the term of these TOS and to authorize the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license exists only for as long as you continue to be a service customer and terminates when your service is terminated. SourceWebs.com claims ownership of the content that is provided through the services, including but not limited to ready-content pages. This content is created by SourceWebs.com and/or an affiliate. You agree not to modify, rent, lease, loan, sell, distribute works based on the such content. You agree not to display, reproduce, or create derivative works based on the such content outside the service, which includes any website not created through the service. SourceWebs.com reserves the right to provide the same content to numerous account owners. You acknowledge that SourceWebs.com does not prescreen content, but that SourceWebs.com and 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, SourceWebs.com and its designees shall have the right to remove any content that violates these TOS, including any applicable SourceWebs.com policies, is illegal, or is otherwise objectionable as determined in SourceWebs.com's sole discretion. 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. 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 content and designs available from SourceWebs.com for the inclusion on your service or presented to you through the service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by SourceWebs.com, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the such content, the service, or the software, in whole or in part. SourceWebs.com grants to you a personal, nontransferable and nonexclusive right and license to use the object code of software only on a server controlled by SourceWebs.com for the sole purpose of using the service; 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 or authorized by SourceWebs.com for use in accessing the service. You may not use web pages or parts of web pages generated by means of the software, other than content that originates from and is proprietary to you, on any server other than the servers controlled by SourceWebs.com without SourceWebs.com's express written agreement. You also acknowledge and agree that the software is intended for access and use by means of web browsing software, and that SourceWebs.com does not commit to support any particular browsing platform. SourceWebs.com reserves the right at any time to revise and modify the software, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the software, without notice to you. If any revision or modification to the software materially changes your ability to conduct business, your sole remedy is to cancel your service. With respect to any elective, additional software that may be made available by SourceWebs.com in connection with the service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software. PROPRIETARY RIGHTS SourceWebs.com grants to you a non-transferable, non-exclusive right and license to use the object code of its software, interface and associated data. You agree not to (nor allow a 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 Business Email allows a company to customize the look and feel of the front end interface, this is a limited license to use the interface, software, and associated data. You are responsible for information collected from your end-users. You shall remain liable for any penalty assessed for not keeping end-user information secure. You agree to indemnify and hold harmless SourceWebs.com for any penalty incurred as a result of actions taken by any authority. RESERVATION OF RIGHTS SourceWebs.com expressly reserves the right to immediately modify, suspend or terminate your account and refuse current or future use of any SourceWebs.com service, including email, if SourceWebs.com, in its sole discretion believes you or someone on your account has: (i) violated or tried to violate the rights of others; or (ii) acted inconsistently with the spirit or letter of these TOS. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service, use of the service, or access to the service without the express written permission of SourceWebs.com. You acknowledge that SourceWebs.com may establish general practices and limits concerning use of the service. SourceWebs.com 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 SourceWebs.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service. If any provision of these TOS or any document incorporated by reference 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 such documents remain in full force and effect. These TOS and the relationship between you and SourceWebs.com or Sorbtree Corporation shall be governed by the laws of the province of Ontario without regard to its conflict of law provisions, and specifically excluding from application to these TOS that law known as the United Nations Convention on the International Sale of Goods. You and SourceWebs.com agree to submit to the personal jurisdiction of the courts located within the city of Mississauga. The failure of SourceWebs.com or Sorbtree Corporation to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOU EXPRESSLY UNDERSTAND AND AGREE THAT SOURCEWEBS.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 SOURCEWEBS.COM 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. Please report any violations of the TOS to our Customer Care group or to abuse@sourcewebs.com. | ||
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