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Terms of Service

Terms of Service

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.

 
 
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