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.
General Terms·
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.
