USAWeb.com Policy Statement.
This agreement (including the General and Specific Terms set forth below) contains all of the terms and conditions between USAWeb, USAWeb Powered Websites and Listing Services, it's subsidiaries and divisions, USAWeb and you ("users") and governs the use of the services offered at the USAWeb web sites ( the "site") . User's use of the Site constitutes User's agreement to all terms and conditions in this Agreement.
USAWeb allows Users and Advertisers to connect. USAWeb is a communications platform for enabling the connection between consumers ("users) and Advertisers offering services to consumers. USAWeb does not have any control over the quality, timing, accuracy, or legality of the advertisements submitted for display upon any of USAWeb sites. User agrees not to hold USAWeb (or any of its agents or employees) liable for any advice or services submitted or delivered by way of any of its web sites.
· Transactions. Once user has accepted the terms of the services or conditions of the item(s) for sale and payment has been made for said services or item(s), there is a binding contract implicit between the User and the Advertiser. If there are any issues with the service, items, or advice received or payment due, User must deal directly with the advertiser to resolve any disputes. USAWeb will monitor the behavior of the User and the Advertiser, ratings and comments and suspend privileges to any Users or Advertisers not adhering to policies of the Site.
· Community areas. If the Site contains bulletin board services, user submitted classified ad areas, forums, or other types of communication facilities, User agrees to use such community areas only to send and receive messages and material that are relevant and proper to the applicable forum.
· USAWeb is only a communications platform which allows the connection between Users and Advertisers. USAWeb does not take part in the interaction between Users and Advertisers except to collect payment from Advertisers for delivering their services through the Site. USAWeb does not have control over the legality, quality, or timeliness of the services actually delivered by the Advertisers. USAWeb makes no representations about the suitability, reliability, timeliness, and accuracy of the information, advice, or services provided by Advertisers through the Site whether in public, private, or off-line interactions.. Due to the nature of the Internet, USAWeb can not confirm that each User or Advertiser is who they claim to be, however, USAWeb has established a User-initiated feedback system to help Users evaluate Advertisers.
· Billing and Payment Policy. Users are obligated to pay when service is delivered by Advertisers, and/or when both the User and the Advertiser agree to the terms of the agreement between the two parties. USAWeb is not obligated, under any circumstances, to collect any fees or payments for either the User or the Advertiser.
· No Liability. User agrees not to hold USAWeb liable for any service, advice, or items delivered which originated through the Site or otherwise was provided by an Advertiser. User releases USAWeb from claims, demands, and damages (actual or consequential) of every kind and nature, known, and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes.
· Community Areas. If the Site contains forums, bulletin boards, or any other message or communication facilities, User agrees to use the community areas only to send and receive messages and material that are proper and related to the particular forum. The site reserves the right to deny use of the forums by any individual for any reason. Posting is a privilege not a right. By way of example, and not as limitation, User agrees not to:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
Use the Site for any purpose which is in violation of local, state, national, or international law.
Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell any goods or services on the Site which are in violation of any and all state, federal, local, or international law.
Advertise or offer to sell any goods or services which have been misrepresented or described in any way, so as to mislead any other User of the Site.
Impersonate another person or allow any other person or entity to use User's identification to post or view comments.
Post the same note repeatedly (referred to as 'spamming"). Spamming is strictly prohibited.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Restrict or inhibit any other User from using and enjoying the Community areas.
User Information. User agrees that all information supplied by the User or any member of User's household is true and accurate.
· USAWeb reserves the right to modify or change the terms of this agreement from time to time. USAWeb shall provide notice to User of any substantial and/or material changes to the Agreement or any policies posted on the Site.
· Third Party Web Site Links. The Site may contain hypertext links to Web sites operated by parties other than USAWeb .Such hypertext links are provided for reference only USAWeb does not control such Web sites and is not responsible for their contents. USAWeb inclusion of hypertext links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
· Term of Agreement. This Agreement will become effective immediately upon any use by User of the Site and shall remain in effect for as long as the User continues to use the Site.
· Ownership. USAWeb shall retain all ownership in the Site and all content displayed on the Site.
· Limited License. USAWeb grants the User a nonexclusive, revocable right to use the Site provided that the User does not (I) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form. If it is discovered that the User or any of the User's family, friends, or business associates has attempted to or has succeeded in copying the format of the Site for the expressed purpose of being in competition with the Site, USAWeb reserves the right to proceed with legal action against the User and their accomplices.
· Modifications to the Site. USAWeb reserves the right in its sole discretion to review, change, improve, discontinue, or modify the Site or any of its content or information on the Site with or without notice to User. Advertisers have the same rights with regard to changing, modifying, improving their self-generated content on the Site. Advertisers cannot discontinue their involvement with the Site, as long as all policies of the Site are adhered to, and the Site is not found to be in violation of any state, federal, local, or international law.
· Privacy. USAWeb Privacy Statement located on its Site as modified by USAWeb from time to time shall govern any disclosure or use of User's personal information. The transfer of any User's personal information shall be deemed an agreed to transaction, by the User, if upon completion of the personal information form, the User has checked the box indicating a desire to receive e-mail offering various items or services.
· Disclaimer. THE Site AND SERVICES PROVIDED BY USAWeb , ITS SUBSIDIARIES, AND ANY SERVICES PROVIDED BY ITS ADVERTISERS ARE PROVIDED "AS IS" WITH NO WARRANTY, UNLESS OTHERWISE STATED BY THE ADVERTISERS, FOR WHICH THE ADVERTISERS, AND NOT USAWeb , WILL BE HELD LIABLE FOR. ANY EXPRESSED OR IMPLIED WARRANTIES ARE THE SOLE RESPONSIBILITY OF THE ADVERTISERS. USAWeb ITS SUBSIDIARIES EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE SITES AND ANY SERVICES PROVIDED BY USAWeb. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, USAWeb, AND ITS SUBSIDIARIES DO NOT WARRANT THAT THE SERVICES PROVIDED BY USAWeb OR THE SITES WILL BE FREE FROM BUGS, DEFECTS, VIRUSES, OR ERRORS, BEYOND WHAT CAN BE PREVENTED BY REGULAR AND TIMELY SCANNING WITH VIRUS DETECTION SOFTWARE.
· Limitation of Liability. Under no circumstances will USAWeb, or its subsidiaries be liable to User for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement. Furthermore, the aggregate liability of USAWeb or its subsidiaries arising with respect to this Agreement and the Site will not exceed the total amounts paid by User in the previous twelve (12) months to USAWeb or its subsidiaries under this Agreement. Furthermore, the aggregate liability of USAWeb or its subsidiaries arising with respect to any agreements with Advertisers, or violations there of, shall be limited to and shall not exceed the total amount paid to USAWeb or its subsidiaries during the previous twelve (12) months under the same agreement.
· Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid mail, or electronic mail.
· Miscellaneous. Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations, or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
- USAWeb family of WWW sites include: