This is a legal agreement
("Agreement") between you, the user, together with any company or other
business entity you are representing, if any (collectively, the
"Member") and SiteCube.com. ("Vendor"). This Agreement
governs the access and use of all products and services, including but
not limited to SiteCube.com Web Sites, for which Member registers and which
are provided by or through any web site or co-branded web site owned or
controlled by SiteCube.com, or any successor web sites
(collectively, the "Service"). IF MEMBER DOES NOT AGREE TO THE TERMS OF
THIS AGREEMENT, DO NOT PURCHASE, USE OR ACCESS THE SERVICE.
The Service is offered to Member conditioned upon Member's acceptance without modification of this Agreement. Member acknowledges that, from time to time, it may be necessary for SiteCube.com to update or revise certain provisions of the Agreement. By signing up for any SiteCube.com Service and accepting this Agreement, Member agrees that SiteCube.com may change the terms of the Agreement in its sole discretion without specific notice to Member. If Member does not agree to the changes proposed by SiteCube.com, or to any terms in this Agreement, Member's sole and exclusive remedy is to cancel Member's SiteCube.com Service ("Member's Account"). Notwithstanding the foregoing, SiteCube.com reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.
Member shall not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. Member agrees that Member will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site or product, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use as contemplated in any Service, including but not limited to the creation or operation of Member created Web sites, (collectively, "Member Site")in accordance with this Agreement. This means, among other activities, that Member agrees not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. Member agrees that Member will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. Member may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with the written permission of SiteCube.com, Member agrees that Member will not access or attempt to access password protected, secure or non-public areas of the Service. If Member attempts to access prohibited areas of the Service, Member may be subject to prosecution.
reserves the right to charge fees for the Service or any portion thereof
and any applicable fees will be posted on the SiteCube.com Web Site. If
Member is required to pay a fee for all or any part of the Service for
which Member has chosen to register. Member hereby authorizes SiteCube.com
to charge Member's valid and current credit or debit card in advance for
all applicable fees incurred by Member in connection with Member's
chosen Service and Member's Account. Member's Service and Account will
automatically renew at the end of each subscription period, unless the
Service or Member Account is terminated in advance of the end of the
then-current term. If there are any annual, monthly or similar periodic
subscription fees associated with the Member Account, these fees will be
billed automatically to the Member's designated valid and current credit
or debit card at the start of each renewal period, unless Member
terminates the Service before the relevant period begins. If Member
registered for the Service using a SiteCube.com promotional code or
discount, after the initial promotional period expires, Member's
subscription (base package and any purchased upgrades) will
automatically be renewed and billing will continue at the then-current
prices for the Service. Member further acknowledges that it is Member's
responsibility to notify SiteCube.com of any changes to Member's credit
card and to update Member's credit card number if Member's credit card
has expired otherwise Member's access to the Service may be disconnected
or interrupted. All fees shall be paid in U.S. dollars. SiteCube.com shall
consider ownership of an account and its constituent site(s) to be the
identity of the person providing payment; or for free trial sites, the
identity of the person registered for the trial period.
SiteCube.com reserves the right to change any fees (which includes but is not limited to, increasing prices and charging a fee for upgrades and/or a Service for which SiteCube.com does not currently charge a fee) at any time, provided, however, that SiteCube.com will provide Member with reasonable notice prior to making any fee changes. In addition, SiteCube.com will also give Member reasonable notice before any modification to the Service that could adversely impact Member's Site(s). If Member finds any change to the Service to be unacceptable, Member is free to cancel any part of the Service or Member's Account at any time, but SiteCube.com will not refund any remaining portion of Member's pre-paid fees when Member cancels any part of the Service or Member's Account and Member may be charged a cancellation fee.
If Member has registered for a trial of a Service ("Trial Period"), Member will have the entire Trial Period within which to purchase the Service Member is using in order to retain any Member Content (as defined below) that is on the Member Site(s) that Member built during the Trial Period. If Member has not purchased the Service by the end of the Trial Period, all of the Member Content will be deleted. SiteCube.com is not responsible for any damages to Member in the event Member decide not to purchase the Service and SiteCube.com deletes the Member Content after the Trial Period expires.
SiteCube.com may show advertisements on any portion of the Service which it provides to Members free of charge, excluding limited timed free trial accounts. Please see section nine (9) of this Agreement for more information regarding third party advertising content.
SiteCube.com offers email and phone support services. Members in good standing may submit an unlimited amount of support related questions or concerns by email through SiteCube.com's on-line customer support, available on the SiteCube.com 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.
Members may utilize phone support services at no additional charge for the duration of their membership period.
In order for
Member to participate in the Service, SiteCube.com will require Member to
provide specific information about Member and/or and Member's business.
If Member chooses to become a customer, Member agrees to provide true,
accurate and complete information and to refrain from impersonating or
falsely representing Member's affiliation with any person or entity.
Member shall maintain a valid email address at a all times. Member shall
be responsible for maintaining the confidentiality of Member's Account
and password and shall be responsible for any and all transactions by
users given access to such account or password and any and all
consequences of use or misuse of such account and password. Member shall
be responsible for all actions by such users, including without
limitation former employees and former partners, and shall indemnify
SiteCube.com for such actions as set forth in Section
Member hereby acknowledges that SiteCube.com may, from time to time, establish general practices and limits concerning the use of the Service, including without limitation, (a) the maximum number of days that email messages, guest book entries, discussion board postings or other content posted on the Member Web Site will be retained by SiteCube.com, (b) maximum limits on bandwidth usage that will be allotted to Member, (c) maximum limits on storage space, (d) the maximum number of Web sites per Member Account, (e) maximum number of photographs or other data according to the type of Member Account, (f) maximum limits on the number of pages within each Member Web Site, and (g) maximum time limitations for the retention of Member Content following a Trial Period or account cancellation. SiteCube.com further reserves the right to delete at any time without prior notice duplicate images uploaded for printing. Any of the foregoing limits will be consistent with the Service (including any upgrades) for which Member has registered. Member agrees that SiteCube.com has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. Member further acknowledges and agrees that SiteCube.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Member's right to use the Service
is personal to Member and Member's company and its employees (if
applicable). Member, and not SiteCube.com, is entirely responsible for all
information, data, text, software, music, sound, photographs, graphics,
video, messages or other materials ("Member Content") posted via the
Service. Member, and not SiteCube.com, is also responsible for compliance
with all laws, regulations and ordinances connected with all aspects of
Member's use of the Service. Member shall not use the Service for any
illegal purpose in violation of any local, state, federal or
international law. Member must provide all required and appropriate
warnings, information and disclosure, comply with all applicable laws
and regulations, and take all other required and appropriate actions
(collectively, "Information and Actions") in connection with Member's
use of the Service. If the Service does not provide adequate facility or
features for Member to provide such Information and Actions, then Member
shall not use the Service.
SiteCube.com does not control or monitor the Member Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. SiteCube.com reserves the right, but is not obligated to review the Member Content posted via the Service and to refuse or remove any such materials in its sole discretion, without notice at any time. SiteCube.com also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the Member Content in SiteCube.com's sole discretion. With respect to the content on the Member Web Site, Member agrees not to:
SiteCube.com may terminate Member's account for failure to comply with the above listed rules of Member Conduct. Additionally, SiteCube.com may request Member to place all or any portion of the Member Content behind password protection if SiteCube.com determines that such content is inappropriate for the community at large but does not otherwise violate the terms of this Agreement. If SiteCube.com has requested Member to place Member Content behind password protection or if Member independently determines that the Member Content appropriately belongs behind password protection, Member may not publish the password in such a way that negates the limited-access nature of the password protected site. If SiteCube.com requests Member to place any Member Content behind password protection and Member fails to do so promptly, SiteCube.com reserves the right to terminate Member's Account.
For Member's convenience, the
Service may contain products, services, content and information from
third party providers (which includes advertisers and affiliates) and/or
links to their Web sites ("Third Party Content"). Such Third Party
Content is not under the control of SiteCube.com and SiteCube.com is not
responsible for such content, including, without limitation, any link
contained in such content, or any changes or updates to such content.
SiteCube.com is under no obligation, but does reserve the right to
pre-screen Third Part Content available on the Service and does not
assume any responsibility or liability for the content provided by
others. SiteCube.com is providing such Third Party Content to Member only
as a convenience, and the inclusion of such content does not imply
endorsement by SiteCube.com of such content or the affiliate or advertiser.
Member may be subject to additional and/or different terms, conditions,
and privacy policies when using third party products, services, content,
software, or sites. SiteCube.com does reserve the right to remove content
that, in SiteCube.com's judgment, does not meet its standards, but
SiteCube.com is not responsible for any failure or delay in removing such
SiteCube.com is not and will not be responsible for (i) the terms and conditions of any transaction between Member and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that Member has a dispute with any such third party, Member releases SiteCube.com (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
UNDERSTANDS AND AGREES THAT:
(A) MEMBER'S USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. SiteCube.com AND ITS SUPPLIERS PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, AND THE MEMBER SITE(S) "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
B) SiteCube.com AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY MEMBER THROUGH THE SERVICE WILL MEET MEMBER'S EXPECTATIONS.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, OR MEMBER SITES IS DONE AT MEMBER'S OWN DISCRETION AND RISK, AND MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, IN NO EVENT SHALL SiteCube.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF SiteCube.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO MEMBER. IN NO EVENT SHALL SiteCube.com'S AGGREGATE LIABILITY TO MEMBER AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT MEMBER ACTUALLY PAYS TO SiteCube.com UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS. Without limiting the foregoing, neither SiteCube.com nor its suppliers is responsible for any of Member's data residing on the Service or SiteCube.com's suppliers' hardware. Member is responsible for backing-up Member's data and information that may reside on the Service or SiteCube.com's suppliers' hardware, whether or not such information is produced through the use of the Service. It is Member's responsibility to take the necessary steps to ensure that Member's primary means of business is maintained (if applicable).
represent, warrant, and covenant that (a) you have the power and
authority to enter into this Agreement; (b) you are at least eighteen
(18) years of age; and, (c) you will only use the SiteCube.com Sites in
accordance with these Terms of Service.
You further represent that you are and will at all times be, in full compliance with all applicable laws, regulations, rules and ordinances (collectively, "Laws") regarding your business, the sale and use of the Products, and as otherwise related to this Agreement and Customer's performance hereunder;
SiteCube.com does not claim ownership of the Member Content that Member provides to SiteCube.com and/or places on the Member Site. However, Member grants SiteCube.com a worldwide, royalty-free, non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display the Member Content on and through the Service and in SiteCube.com's promotional or advertising materials (only for the limited purpose of promoting the Service), and (ii) sublicense to third parties such Member Content to the extent necessary for the creation and maintenance of, in part or in whole, such Web sites. No compensation will be paid or due Member with respect to SiteCube.com's or its sublicensee's use of the materials as licensed above. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any Member Site, Member warrants and represents that Member owns or otherwise controls the rights necessary to do so and to grant SiteCube.com the license set forth above, and, pursuant to the terms set forth in Section 14, Member will defend and indemnify SiteCube.com and its suppliers from any third party claim related to a breach of any of the foregoing representations and warranties.
Member acknowledges and hereby agrees that the Service and any
software used in connection with the Service (the "Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. Member further acknowledges and
agrees that content contained in sponsor advertisements or information
presented to Member through the Service, advertisers and/or Discussion
Boards is protected by applicable copyrights, trademarks, service marks,
patents and other proprietary rights and laws.
SiteCube.com provides Member with a non-exclusive, non-transferable, limited license to use the Software, which Member agrees to use in accordance with this Agreement. Member may not sub-license or charge others to use or access the Software without first obtaining written permission or a written agreement from SiteCube.com. The Software is owned by SiteCube.com and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization and source code are considered trade secrets of SiteCube.com and its suppliers and are protected by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. MEMBER MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
Member agrees to indemnify and hold SiteCube.com and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) Member's breach of this Agreement; (ii) any information (including but not limited to Member Content and Member's publicly posted information) submitted, posted, or otherwise provided by Member at the Member Site and/or to SiteCube.com and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by Member's actions; and (iv) Member's negligence or violation or alleged violations of any rights of another; (v) any third party claim against the Indemnified Party for: (1) personal injury or property damage to the extent such Liabilities arise out of or result from the negligence or other tortuous conduct of Customer; or (2) the breach of any representation or warranty made by Customer; or (3) any claim by a customer of Customer against any Indemnified Party to the extent such Liabilities arise out of or result from Customer's business dealings with such Customer, including, without limitation the provision of any products or services to such Customer. These obligations will survive any termination of Member's relationship with SiteCube.com or Member's use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of SiteCube.com and/or its suppliers, affiliates, partners, subsidiaries and employees.
All materials of
the Service and the Software (as well as the organization and layout of
the Service are owned and copyrighted or licensed by SiteCube.com, its
affiliates or its suppliers. All rights reserved. No reproduction,
distribution, or transmission of the copyrighted materials of the
Service, which includes the SiteCube.com (and any successor Web sites or
additional Web sites or any co-branded Web sites), and/or the Software,
is permitted without the written permission of SiteCube.com. Any rights not
expressly granted herein are reserved.
SiteCube.com, the SiteCube.com logo, SiteCube.com Site Builder, and other SiteCube.com logos and product and service names are trademarks of SiteCube.com. (the "SiteCube.com Marks"). Member agrees not to display or use the SiteCube.com Marks in any manner whatsoever without SiteCube.com's prior permission. From time to time SiteCube.com may offer a limited license to Members to display SiteCube.com award logos or other symbols of merit on Member Web Sites after SiteCube.com in its sole discretion confers such distinctions to the applicable Members. However, SiteCube.com reserves the right to withdraw such logos or symbols and delete them in its sole discretion for any reason.
Any notifications of claimed copyright infringement should be sent to SiteCube.com. Please see SiteCube.com's Copyright Policy at SiteCube.com's Copyright Policy for more information.
SiteCube.com reserves the right, at its sole discretion, to, at any time, modify, or discontinue the Service, temporarily or permanently, (or any part thereof), including the imposition of limits on certain features and services or restriction of access to parts or all of the Service, with or without notice. Member agrees that SiteCube.com shall not be liable to Member or to any third party for any modification, suspension or discontinuance of the Service. Member further agrees that SiteCube.com shall have the right to remove any feature from the Member Site, with or without notice to Member, at any time at SiteCube.com's sole discretion, if SiteCube.com discontinues offering the feature for any reason. If Member does not agree to any such modifications, Member's sole and exclusive remedy is to cancel Member's Account.
Member or SiteCube.com may terminate or cancel Member's Account (or any
part of the Service) at any time, but SiteCube.com will not refund any
pre-paid fees upon such termination or cancellation.
a) Termination by Member. Member may cancel your Member Account or any part of the Service at any time. ; or, at SiteCube.com's sole discretion, on a case by case basis, by submitting a cancellation form. Member will receive a cancellation confirmation via email after SiteCube.com processes Member's cancellation request. SiteCube.com reserves the right to collect fees, surcharges or costs incurred before Member cancels Member's Account in addition to the applicable cancellation fee(s).
Member must provide us with the following information in order for us to process the cancellation:
:: The exact name of the Service that Member would like to cancel
:: Member's username and password
:: Member's email address
:: Member's reason for canceling the Service
b) Termination by SiteCube.com. SiteCube.com may terminate Member's Service or Member's Account if SiteCube.com determines, in SiteCube.com's sole discretion, to discontinue offering the Service. Additionally, SiteCube.com, in its sole discretion, may terminate Member's Site, Member's Account or Member's use of the Service for any reason, including, without limitation, (i) if Member breaches this Agreement, (ii) if SiteCube.com is unable to verify or authenticate any information that Member provides to SiteCube.com, or (iii) if SiteCube.com believes that Member has violated or acted inconsistently with the spirit of this Agreement. If SiteCube.com terminates Member's Account pursuant to (i), (ii) or (iii) above, Member will forfeit all credits, pre-paid fees, and any other amounts accruing to Member, if any, and SiteCube.com shall not be required to refund, redeem, or pay amounts to Member upon such termination.
c) Effect of Termination. Upon termination of Member's Account for any reason, SiteCube.com reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by Member; (b) delete any Member Content, listings, messages or other information in connection with Member's Account; (c) prohibit Member's access to Member's Account, including without limitation by deactivating Member's password; and (d) refuse Member future access to the Service. In no event shall SiteCube.com be required to refund, redeem, or pay amounts to Member upon termination of Service or return any Member Content.
Products, and as otherwise related to this Agreement and Customer's performance hereunder;
Statements, notices and other communications to Member may be made by mail, email, postings within Member's account or other reasonable means. Member shall be solely responsible for updating the account's registered email and postal address. SiteCube.com shall not be responsible for any undelivered notices caused by Member's failure to update the account information. SiteCube.com may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices generally on the SiteCube.com Web Site. Member should refer to the Member Support page of the Service for information on how to contact and/or provide notice to SiteCube.com.
Member agrees that any
dispute or claim arising out of or related to the Service or this
Agreement, or the interpretation, making, performance, breach or
termination thereof, shall be finally settled by binding arbitration by one arbitrator appointed in accordance with said
Rules. The proceedings shall be conducted and all evidence shall be
offered in the English language. Member agrees that any claim against
SiteCube.com must be filed within one (1) year of the time such claim
arose, regardless of any law to the contrary, otherwise such claim will
be barred forever.
Notwithstanding the above, SiteCube.com may apply to any court of competent jurisdiction (i) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary, including without limitation for breach of Section 13 (SiteCube.com Proprietary Rights/Software License) or (ii) to collect fees due and owing from Member pursuant to this Agreement, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.
A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. SiteCube.com's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Member shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of SiteCube.com, and any such attempted assignment shall be void. SiteCube.com shall have the right to freely assign this Agreement, and its rights and obligations hereunder, to any third party without requiring the consent or notice of Member. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. This Agreement sets forth the entire understanding and agreement between SiteCube.com and Member with respect to the subject matter hereof. The section and subsection titles in the Agreement are for convenience only and have no legal or contractual effect. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.
Please report any violations of this Agreement to our Member Violation Report form.
MEMBER ACKNOWLEDGES THAT MEMBER
HAS READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND
INCORPORATED IN THIS AGREEMENT AND THAT MEMBER AGREES TO ALL ITS TERMS
AND CONDITIONS. MEMBER HAS INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS
AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS
CONTEMPLATED IN THIS AGREEMENT AND IS NOT RELYING ON ANY REPRESENTATION,
GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS
Service-Specific Terms: The following terms apply in addition to paragraphs 1-26 if Member has purchased a Service package which includes the particular service described. SiteCube.com may change service providers or stop providing the following services at any time without notice to Member; and Member shall permit SiteCube.com to act as its agent with respect to the following services:
SiteCube.com has chosen
independent Third Party Domain Name Vendors ("TPDNVs") who are ICANN
accredited registrars, to provide domain name registration services.
Member hereby authorizes SiteCube.com if requested, to transfer in or
acquire Member's selected domain name from TPDNVs. In order to receive a
domain name, Member must agree and remain agreeable through the use of
the Domain Name, to the TPDNVs' terms of service which the TPDNVs may
change at any time in their sole discretion to the TPDNVs' terms of
service. Member understands that Member is creating a separate
contractual relationship between Member and the TPDNVs, and that Member,
and not SiteCube.com, is responsible for all liability, and obligations in
connection with that relationship.
If, after registering one or more domain names that are included with any SiteCube.com Service package, because of a customer's incorrect registration of a domain name or otherwise, member chooses to delete a previously registered domain name and subsequently register one or more additional different Domain Names, Customer will be charged the resulting Domain Name registration fees.
Member will be listed as the registrant and administrative contact in connection with Member's domain name; however, SiteCube.com may temporarily list itself as the registrant and administrative contact in the event that it changes to a different TPDNVs until the TPDNVs change is completed. Member hereby authorizes SiteCube.com to list itself as the billing contact, technical contact and name servers in connection with Member's domain name and to take any actions SiteCube.com deems appropriate in those capacities. However, upon termination of the Service, SiteCube.com will immediately cease acting in those capacities including switching registrars. After such time, SiteCube.com will not be responsible to forward any notices, emails or other correspondence to Member or to take any other actions in connection with Member's domain name. Additionally, in the event that a Member account is suspended by SiteCube.com for lack of payment or any other reason, SiteCube.com shall not renew any domain names that may become due for renewal during the suspension of the account. Member will be solely responsible for all ongoing fees, as well as removing SiteCube.com as the billing, technical contact and name servers in connection with Member's domain name.
Some SiteCube.com accounts may have Email services provided by an independent Third Party Email Services Vendor ("TPESV"). SiteCube.com is not responsible for the actions or inaction of the then current TPESV or the unavailability or malfunction of their network or services. SiteCube.com is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between Member and the TPESV ("TPESV Dispute"). In the event of a the TPESV Dispute, Member hereby releases SiteCube.com (and its officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes. By using email services, Member agrees to the terms and conditions contained in the "Acceptable Use Policy" and "Mass Mailing Policy" incorporated herein.
By using SiteCube.com Store, Member agrees to the following additional terms and conditions:
As part of the Service, SiteCube.com provides its Members with standard clip-art and photos to incorporate into their Member Web Sites. In using the clip-art and photos, Member is governed by an Image License Agreement with a Third Party Image Vendor ("TPIV"), the supplier of the clip-art and photos, which is incorporated into this Agreement. Member understands that the Image License Agreement is a separate contractual relationship between Member and the TPIV, and that Member, and not SiteCube.com, is responsible for all liability, and obligations in connection with that relationship. SiteCube.com is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between Member and the TPIV ("TPIV Dispute"). In the event of a TPIV Dispute, Member hereby releases SiteCube.com (and its officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes.
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