|
Terms of Use
USER may use the Software (a) for USER’s own internal business purposes and operations, and (b) as a service to its clients. No license or right to use, reproduce, translate, rearrange, modify, enhance, display, sell, lease, sublicense or otherwise distribute, transfer or dispose of the Software, in whole or in part, is granted except as expressly provided by this Agreement. Neither USER nor any of its affiliates shall reverse engineer, decompile or disassemble the Software. Nothing in this Agreement shall entitle USER or any of its affiliates to access or use the source code of the Software. USER agrees to be bound by the “Acceptable Use Policy” published for time to time by LFSB. Said Policy applies to the USER utilizing the Software. Changes to the Acceptable Use Policy will be made at the sole discretion of LFSB. LFSB is under no obligation to notify USER of any change to the Acceptable Use Policy. It is the USER’s responsibility to regularly review the published Acceptable Use Policy and ensure adherence thereto. How USER May Use the Software - In using the Software and related services, USER agrees to:
How USER May Not Use the Software - In using the Software and related services, USER agrees that it shall NOT:
Disclaimer of Warranties and Limitation of Damages USER agrees to use the LFSB Software at its sole risk, and to assume all risks associated with the operation of its or customers web sites, web-based tools, interactive programs, blogs, e-newsletters applications, and all other interactive services made available by LFSB. Under no circumstance shall LFSB be responsible for viruses, hardware crashes, hacking activities, loss of data, loss of USER business, nor any losses incurred by USER as a result of USER’s use of the Software. Under no circumstance shall LFSB be responsible for viruses, hardware crashes, hacking activities, loss of data, loss of USER business, nor any losses incurred by USER as a result of USER’s use of the Software or related services. The Software is provided on an “AS IS” basis without warranties or any kind, either expressed or implied, including, but not limited to warranties of merchantability, or warranties of fitness for a particular purpose. LFSB shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to the use of the Software provided. No representation or other affirmation of fact, including but not limited to statements regarding performance of the Software, which is not contained in this agreement, shall be deemed to be a warranty, condition or representation by LFSB. The liability, if any, of LFSB and its agents, servants, representatives, and employees for any claims, costs, damages, losses, and expenses for which they are or may be legally liable, whether arising in negligence or other tort, contract, or otherwise, shall not exceed on the aggregate the amounts paid for the Software usage by USER to LFSB over the three (3) month period immediately preceding the claim by the USER. LFSB DOES NOT REPRESENT, ENDORSE OR GUARANTEE, AND ASSUMES NO LIABILITY FOR ACTIONS OR DAMAGES RESULTING FROM, THE CONDUCT OR PRACTICES, LEGAL OR ILLEGAL, OF USER. USER will give and make no warranties or representations whatsoever on behalf of LFSB, including, but not limited to warranties or representations with respect to the satisfactory quality, merchantable quality, merchantability, durability, fitness for a particular use or purpose or any other features of the Software; and USER shall not incur any liabilities, obligations or commitments on behalf of LFSB. Fees, Payment and Delinquency It is agreed by the USER that all fees shall be paid in accordance with policies established and denoted within the Software provided. Until such time as other payment options become available, USER fees are payable by credit card only. All USER pricing is subject to change by LFSB. LFSB agrees to provide 45-days notice of any USER pricing change that results in a greater than twenty percent (20%) pricing change on any particular product or service being used by the USER at the time of the pricing change. LFSB agrees to provide 10-days notice of any other pricing changes. A copy of the current USER pricing matrix is provided as an attachment to this Agreement. USER agrees to maintain an active credit card on file, and agrees that all fees for all services ordered by the USER shall be automatically charged to the USER credit card on file as incurred and in accordance with the billing policies denoted within the Software provided. The published USER pricing is not inclusive of any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the services provided. All such taxes will be added to LFSB’s invoices as separate charges to be paid by USER. All fees are fully earned when due and non-refundable when paid. LFSB will immediately suspend the account of the USER if payment is not able to be processed on the credit card provided by USER for any product or service ordered. The suspension shall apply to the entire USER account and all access shall be suspended until resolved. Upon suspension, the USER will be provided thirty (30) days to make credit card payment. The USER account will be reinstated upon payment of the entire outstanding balance plus a reinstatement fee of One Hundred Fifty Dollars ($150.00). If payment is not provided within this timeframe, the USER account shall be cancelled for non-payment. If LFSB collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if LFSB prevails in any action to which the USER and LFSB are parties, USER will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and LFSB’s reasonable attorneys’ fees. Domain Name Terms of Service Domain Name Registration. Upon User’s request and subject to these DNS Terms, LFSB will register an Internet domain name, or renew the User’s registration of an existing domain name, on behalf of User with a registrar selected by LFSB and identified below (the “Registrar”). User Responsibilities. LFSB’s registration or renewal of any domain name is subject to (i) LFSB receiving from User all information needed from User in order to complete such registration, (ii) such domain name not being in violation of any applicable law, rule or regulation or the policies of the applicable Registrar or registry, and (iii) User’s compliance with these DNS Terms. Registration of a domain name is subject to availability of such domain name for registration, and LFSB will not be responsible if a domain name is not available for any reason. LFSB will also not be responsible for any infringement of third-party rights caused by its registration of a domain name for User. User waives any claims it may have against LFSB for, and hereby releases LFSB of and from, any loss, damage, liability or expense arising out of, or relating to, the registration of such domain name in any online or offline network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following the termination of services by LFSB for any reason. Users registering a domain name with LFSB, but hosting with another provider, will not use LFSB name-servers to point any portion of their domain names outside of LFSB IP space and will update User’s domain name zone files with User’s hosting provider nameserver set. LFSB will not point User zone file records to sub-directories within User’s main domain name. ICANN and Other Authority. User acknowledges that its rights to any domain name registered or renewed by LFSB are not being granted by LFSB but are subject to the rules and regulations of ICANN, the Registrar, the registry and applicable law. User’s inability to use a domain name shall not entitle User to a refund by LFSB of any fees paid with respect to the registration of such unusable domain name. The domain name for the User Web site shall be the property of User. Domain Name Renewals. If User requests LFSB to renew for multiple years a prior registration of User for a domain name, User represents and warranties that all information it provides to LFSB in connection with such request will be true and correct. LFSB’s sole responsibility in connection with any such request will be to process the renewal using the renewal mechanism provided by the Registrar. LFSB will have no responsibility or liability for any loss, interruption in service, service error or loss of data caused by the Registrar. Changing Registrars. LFSB does not generally perform domain name services that require the domain name change registrars. However, if LFSB, in its sole discretion accepts an Order from User for domain name services that requires that the domain name change registrars, the User acknowledges that it is solely responsible for complying with the acknowledgement policies of the losing registrar. Such acknowledgement policies may require the User to respond to an e-mail sent to the e-mail address for the Administrative Contact of the domain name, as reflected in the WHOIS database of the losing registrar. The User acknowledges and agrees that neither LFSB nor the gaining Registrar will bear any liability or responsibility for any delay, inconvenience or expiration of domain name registration that occurs as a consequence of the User’s failure to respond timely to any losing registrar query or request for confirmation. Changing Registrar Resellers. If the User submits an Order to LFSB to renew a domain name that was previously registered through a reseller of the Registrar, the User acknowledges that it is solely responsible for complying with the acknowledgement policies of the losing reseller and the Registrar. Such acknowledgement policies may require the User to respond to an e-mail sent to the e-mail address for the Administrative Contact of the domain name, as reflected in the WHOIS database of the losing registrar, and may also require the User to settle any open accounts it has with the losing reseller. The User acknowledges and agrees that LFSB will bear no liability or responsibility for any delay, inconvenience or expiration of domain name registration that occurs as a consequence of the User’s failure to satisfy the acknowledgment policies of the losing reseller or the Registrar. Renewal and Expiration. The User agrees that LFSB bears no responsibility or obligation to notify User of any impending domain name expiration dates and that the User is wholly responsible for such deadlines. Although LFSB may accept Orders for domain name renewals within the forty-five-day (45) day period prior to the impending expiration date of a domain name, LFSB will have no responsibility for any expiration of a domain name that occurs with respect to any Order submitted to LFSB within such period. Customer Support Services General Support Services: LFSB offers email and phone support services. Customers in good standing may submit an unlimited amount of support related questions or concerns by email through LFSB's on-line customer support, available on the LFSB website. In the event that a customer is eligible for telephone support at no additional charge, such support service is limited to technical questions only. Questions related to, but not limited to, design, search engine optimization, marketing planning or similar services shall not be included in the phone support services offered at no additional charge. Telephone Support: Members may utilize phone support services for additional charge (see plan details) for the duration of their membership period. Termination USER and LFSB have the right to terminate this agreement with no cause with ninety (90 )days written notice. In the event of termination, USER agrees to remit payment for all services rendered through the termination date. Cancellation notice must be presented to either party in writing and be signed by an authorized representative. It is mutually agreed by USER and LFSB that verbal cancellation requests shall NOT be processed by either party. This Agreement shall automatically and immediately terminate in the event of any of the following:
Denial of Service LFSB reserves the right to deny service, Software use, and use of any LFSB product or service to any USER. LFSB shall not be liable, by reason of any denial of service, for compensation, reimbursement or damages whatsoever in connection with the business or goodwill of USER. |
|
 |
