Webhero.com, Inc. DBA WebHero Terms and Conditions
1. THIS IS AN AGREEMENT BETWEEN YOU AND Webhero.com, INC.Webhero.com markets its services through various resellers and affiliates including www.webhero.com. This is an agreement (“Agreement”) between you (?USER?) and Webhero.com, Inc. This Agreement governs your use of any Web site or Web pages operated by (each, a “WEBHERO Site,” and collectively, the “WEBHERO Sites”) and the purchase of any product or service offered by WEBHERO. WEBHERO OFFERS THE WEBHERO WEB SITES AND Webhero.com WEB HOSTING SERVICES AND DOMAIN REGISTRATION TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE Webhero.com OR AFFILIATE WEB SITES INCLUDING WEBHERO.COM CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 13, 14, and 15); AND AN EXCLUSIVE REMEDY (See Section 14). THESE PROVISIONS FORM THE ESSENTIAL BASIS OF OUR AGREEMENT.
2. HOW WEBHERO MAY MODIFY THIS AGREEMENTWEBHERO may amend this agreement at any time, without notice, by posting the amended terms and conditions on our web site located at http://www.webhero.com/. The link will be labeled Legal Notices and will be located at the bottom of our home page. This agreement will also be contained in our signup forms with a check box that must be checked in order to purchase services. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any WEBHERO Web Site. Your continued use of the WEBHERO Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMSAny WEBHERO site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that WEBHERO Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a WEBHERO Web Site, then the terms in this Agreement shall prevail.
4. SUB-DOMAINSWEBHERO may offer sub-domains (such as user.webhero.com or user.Webhero.com) to select USERS. All sub-domains will be registered by WEBHERO and any rights in and to sub-domains shall be retained by WEBHERO. Based upon the service level of the USER, USER may be granted certain non-exclusive rights to use the sub-domain. For example, the USER may be granted the rights to host a website, operate an online WEBHERO, market their web services, social networking, web log, etc. User understands that the information entered on their sub-domain will be made public and that WEBHERO is not responsible for any content posted on the sub-domain. WEBHERO may reclaim these sub-domains with 60 days notice with no enumeration due USER.
5. FREE WEB HOSTING AND AD REVENUEWEBHERO may offer FREE Web Hosting including web logs, photo albums, email and other services (?Free Hosting?) to select USERS. The Free Hosting will contain NO ADS. WEBHERO may adjust the price of the domain names or the Hosting Club Membership.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE WEBHERO NETWORKWEBHERO does not claim ownership of Content you submit or make available for inclusion on the WEBHERO Network of sites. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the WEBHERO Network, you grant WEBHERO the following world-wide, royalty free and non-exclusive license(s): ? With respect to all Content including, games, web logs, photo albums, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. “Publicly accessible” areas of the WEBHERO Network are those areas of the WEBHERO network of Domains and Sub-domains that are intended by WEBHERO to be available to the general public. By way of example, publicly accessible areas of the Service would include WEBHERO domains and sub-domains such as (anyusername.webhero.com) and portions of the WEBHERO Network that are open to both members and visitors. However, publicly accessible areas of the WEBHERO Network would not include portions of World Wide Web sites that are accessible through hypertext or other links but are not hosted or served by WEBHERO. WEBHERO does not claim ownership of Content you submit or make available on your paid hosting web site. However, if you fail to pay an outstanding balance for the domain name or web hosting, you grant WEBHERO the following world-wide, royalty free and non-exclusive license(s): ? With respect to all Content including, games, web logs, photo albums, graphics, audio or video you submit or make available for inclusion on your paid hosting web site, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. You also forfeit ownership of the domain name to WEBHERO.
7. PURCHASING OR TRANSFERRING A DOMAIN NAME OR PURCHASING WEB HOSTINGBy purchasing a new domain name or transferring an existing domain name or by purchasing web hosting product(s) or any other service at any site in WEBHERO?s network of sites including www.webhero.com you understand that your agreement is with WEBHERO an ICANN Accredited Registrar, you agree to the following WEBHERO terms and conditions. You also agree to be bound by the terms and conditions of the appropriate Top Level Domain (TLD) Registry listed below: .com and .net Verisign, Inc. http://www.verisign.com/ .biz NeuLevel, Inc. http://www.neulevel.biz/ardp/index.html .us NeuStar, Inc. http://www.nic.us/policies/index.html .info Afilias Limited http://www.afilias.com/ .org Public Interest Registry http://www.pir.org/ .ws Website.ws http://www.website.ws/legal/index.dhtml?url=website.ws .uk Nominet UK http://www.nominet.org.uk/ref/terms.html .cn Chinese Internet Network Information Center http://www.cnnic.net.cn/html/Dir/2004/08/13/2442.htm .tw Taiwan Network Information Center http://www.twnic.net.tw/english/dn/dn_02.htm .name The Global Name Registry, Limited http://www.name/ .mobi dotMobi Registry http://pc.mtld.mobi .eu EURId http://www.eurid.org For Domain Disputes, unless the Registry has a different policy, you agree to follow ICANN’s UDRP policy located at http://www.icann.org/udrp WEBHERO may amend this agreement at any time, without notice, by posting the amended terms and conditions on our web site located at http://www.webhero.com/legal.php .
(a) You agree to the submission of your information (name, phone number, address, city, state, and zip) to WEBHERO for domain name registration purposes only. You will be the owner of your domain name upon official domain registration.
(b) You agree to indemnify, defend and hold harmless WEBHERO and VeriSign, Inc. or any other appropriate registry, and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to your domain name registration and or hosting services.
(c) Successful domain name registration may only be verified by Registry and current WHOIS data records.
(d) You agree to purchase at the time of this submission, both the domain name and web hosting services on your credit card or other method of payment specified in the payment fields. This charge will occur at the time you submit the form.
(e) You agree that at the products next bill date to have your credit card automatically charged by WEBHERO for total amount due. You agree that in order to avoid charges, products must be cancelled at least 15 days before their next bill date. To cancel you must visit https://secure.webhero.com/ and choose the product(s) you wish to cancel.
(f) Domain registration will automatically renew for the same term as your initial signup period or for 1 year at a time at WEBHERO’s discretion. You will be notified by email of this renewal 30 days prior to the renewal date (it is your responsibility to notify WEBHERO of any changes in contact information). To cancel you must visit https://secure.webhero.com/ and choose the product(s) you wish to cancel.
(g) There is no money back guarantee for domain name registrations, nor can domain names be altered in any way after the submission.
(h) Cancelled Domain registrations either by the domain holder or due to non-payment of services, will occur 7 to 17 days after the expire date; however, the domain may be put on a hold status on the expire date and become unusable at that time and then subsequently deleted 7 to 17 days later.
(i) You are responsible for tracking your site storage limits and traffic throughput. Disk storage consists of email storage, web site storage, database storage, and e-commerce WEBHERO storage. Throughput is a measurement of all inbound and outbound traffic for your domain which includes but is not limited to all ftp, www and FrontPage traffic as well as traffic generated by your online WEBHERO if applicable. Tracking tools are available in the site administration component of your site – these logs will be used as the final rule for overage calculations.
(j) You agree to pay any and all overage charges for Disk Usage and/or web site throughput. Failure to pay overage charges may result in the cancellation of your service with no refunds. Throughput overages are $0.002/MB ($2.05/GB). Storage overages are $0.005/MB ($5.12/GB).
(k)Unlimited Web Site Transfer WEBHERO may provide unlimited Web site transfer and unlimited disk space to select customers. Under this special offer, Customers may have unlimited data transfer from their Web site, excluding transfer from any database server or streaming media server. Customers must pay additional bandwidth fees for database server, streaming media server or file transfers that exceed 10 GB, in the aggregate, during any calendar month. To protect the legitimate Internet use of our Customers, Customers taking advantage of this special offer may not: Resell or give away Web space under a domain name or create “sub domain” Web sites on behalf of other companies, groups or individuals. Use the Web site to store Web pages, files or data for other IP addresses or domain names, or as a repository for files, data or “Warez group” download transfer. Offer adult content, mp3 downloads, picture downloads, video downloads or software downloads. Use the Web site as a storage area for files that are not linked to Customer’s Web pages hosted on the same site on WEBHERO servers. Utilize CGI/PERL chat, JAVA chat or any other chat scripts. Photo sites. Maximum of 100MB storage for all email accounts. Additional storage can be purchased when needed. WEBHERO may immediately suspend service without notice to any Web site that violates these rules in manner that adversely affects the operations or performance of other WEBHERO customers. In the event of any dispute regarding these rules, WEBHERO may determine violations of these rules in its sole discretion. Customers utilizing bandwidth in excess of plan limitations, or in violation of these rules, will pay WEBHERO the applicable rate for excess bandwidth (currently $2 per GB).
(l) Upon cancellation of a service or attempted transfer of domain from WEBHERO while an account is not in good standing, WEBHERO reserves the right to “lock down” and “hold” your domain name(s) until your account is paid in full.
(n) If you are Modifying or Transferring Registered domains: (1) You agree that you are the owner, or you have authorized power as agent for the owner, to make this change of domain request. You indemnify WEBHERO of all domain name disputes between you and the domain name owner. (2) You agree to indemnify, defend and hold harmless WEBHERO and VeriSign, Inc. or any other appropriate registry, and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to your domain name registration. (3) If you transfer a domain name to WEBHERO under a promotion special that is less than our normal domain renewal price and you decide to transfer the name away from WEBHERO prior to its next renewal, you will be billed the difference between the promotion special and the regular registration renewal fee.
(o) You understand that WEBHERO may from time to time change our terms and conditions and our product features and pricing structure and you agree to abide by any changes made by WEBHERO or cancel your account in a timely manner.
(p) WEBHERO DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WITH RESPECT TO THE SERVICES OR ANY PART THEREOF, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE ( WHETHER OR NOT WEBHERO KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. IN ADDITION, WEBHERO EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN COMPANY WITH RESPECT TO THE SERVICES OR ANY PART THEREOF.
(q) Independent of, several from, and to be enforced independently of any other enforceable or unenforceable provision of this Agreement, OTHER THAN THE INFRINGEMENT OF ONE PARTY’S INTELLECTUAL PROPERTY RIGHTS BY ANOTHER PARTY, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTY’S RIGHTS) FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND – including lost profits, loss of business, or other economic damage, and further including injury to property – ARISING FROM THE SERVICES OR AS A RESULT OF BREACH OF ANY TERM OF THIS AGREEMENT, REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF.
(r) Independent and several from, and to be enforced independently of any other enforceable or unenforceable provision of this Agreement, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WEBHERO TO USER, CUSTOMER, OR REGISTRAR (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY COMPANY), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER FOR THIS AGREEMENT, IN CONTRACT, TORT, OR OTHERWISE, EXTEND BEYOND THE AMOUNTS PAID TO WEBHERO FOR THE SERVICES PROVIDED HEREIN DURING THE LAST THREE MONTHS BEFORE SUCH CLAIM OR CLAIMS. (s) You as the domain name Registrant agree if your domain name is stolen or hijacked by any means to indemnify, defend and hold harmless WEBHERO and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to your loss of business associated with your domain name and web site and any cost of securing the return of your domain name or web site.
(t) Free Web Site hosting, also known as basic hosting, is defined as the disk space and throughput necessary to display your web site at your “URL”. A URL is a Uniform Resource Locator such as www.yourdomain.com. Free Web Site hosting does not include any other products such as FrontPage Extensions, email or technical support.
(u) Free email does not include any other products such as Web Hosting, Basic Hosting, or any other features and/or services. Customer must register a new domain name or transfer an existing domain to WEBHERO in order to receive free email. WEBHERO reserves the right to change free email product features and pricing at any time.
(v) If your domain registration lapses but has not entered the Redemption Grace Period (RGP) the cost to renew the domain registration is only the past due registration cost. If your domain lapses and enters the 30 day RGP, the fee for restoration is $80 per domain name plus the past due domain name registration cost.
(w) WEBHERO reserves the right to cancel any web site with 30 days written notice. Also the provision of false Whois information or any Domain Registration details can be grounds for cancellation of your domain name registration as can failure to respond to inquiries by WEBHERO concerning this information or details for over fifteen calendar days. The Registered Domain Holder shall provide to WEBHERO accurate and reliable contact details and promptly correct and update them during the term of the Registered Name registration, including: the full name, postal address, email address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation; and all other data pertaining to that Domain Registration.
(x) All domain names registered through WEBHERO are pointed to a “Future Home” Web page which informs visitors that the registrant has recently registered their domain name via WEBHERO. The Future Home Web page may be modified at any time by WEBHERO without prior notice to you and may include such things as, without limitation (i) links to additional products and services offered by WEBHERO (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface. If for any reason you do not wish to have the domain name you have registered pointed to a Future Home Web page, please notify our Customer Support team by visiting http://webhero.com/support and opening a ticket.
(y) Free web hosting with Domain Registration plan: All free web hosting plan customers agree that WEBHERO may embed links to WEBHERO?s site, partner sites, and customers’ sites. You also agree that WEBHERO may include footers and/or embedded HTML in your site. You agree that WEBHERO may make the links visible or invisible. You also agree that WEBHERO may send promotions offered by WEBHERO and its partners at their sole discretion.
(z) Free web hosting with Free Domain Name: If you sign up for Free web hosting with Free Domain Name, you agree that WEBHERO is the owner of the domain name and you are licensed to use it by WEBHERO. WEBHERO may at any time and for any reason revoke your right to use the domain name or sub-domain name and web space including email and other services. You agree that WEBHERO may from time to time send email promotions to your email account.
(aa) All products under one customer account are treated the same with regards to disconnection of service or cancellation of service. This means you must be current on your account or all products are subject to disconnection or cancellation.
(bb) The Registered Name Holder shall represent that, to the best of the Registered Name Holder’s knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
(cc) For the adjudication of all disputes concerning or arising from the service and facilities provided under this agreement (other than use of the Registered Name), all litigation shall be commenced in a state or federal court sitting in Oklahoma County, Oklahoma. This venue selection clause is mandatory, not permissive, and litigation shall not be commenced in any other venue. The parties hereby waive all objections and consent to the jurisdiction and venue of any state or federal court sitting in Oklahoma County, Oklahoma. For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder’s domicile and (2) where Registrar is located.
(dd) The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name. THOSE REGISTERING .MOBI Domain names must adhere to the following Registered Name Holder shall: Indemnify to the maximum extent permitted by law, defend and hold harmless Registry Operator, and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holders domain name registration and or use, and this indemnification obligation survive the termination or expiration of the registration agreement; (3.7) Indemnify, defend and hold harmless Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holders domain name registration and or use, and indemnification obligation survive the termination or expiration of the registration agreement; (3.7.1) Acknowledge and agree that notwithstanding anything in this Agreement to the contrary, mTLD Top Level Domain Ltd. (dotmobi), the Registry Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of dotmobi have vested and that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to Webhero.com being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of dotmobi shall survive any termination or expiration of this Agreement. (3.8.3) Comply with ICANN requirements, standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN; (3.8.1) Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operator to Registrar; (3.8.2) Consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder’s Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 and with relevant mandatory local data protection, laws and privacy; (3.8.4) Submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”); (3.8.5) Immediately correct and update the registration information for the registered Name during the registration term for the Registered Name; (3.8.6) Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute made during the limited industry launch or over a Sunrise Registration. (3.8.7) Acknowledge and agree that the Registry and Registry Services Provider, acting in consent with the Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the Registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a Registered Name during resolution of a dispute. (3.8.8.) Acknowledge and agree that they must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi) and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the Style Guide. Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted. (3.8.9) Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract. (3.9.1)
8. MEMBER CONDUCTYou understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not WEBHERO, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. WEBHERO does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will WEBHERO be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to: a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; b. harm minors in any way; c. impersonate any person or entity, including, but not limited to, a WEBHERO official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose (please read our complete spam policy in Section 9.); h. upload, post, email, transmit or otherwise make available any material that contains software viruses 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; i. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; m. “stalk” or otherwise harass another; and/or n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through n above. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by WEBHERO and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
10. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORINGYou acknowledge that WEBHERO may or may not pre-screen Content, but that WEBHERO and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, WEBHERO and its designees shall have the right to remove any Content that violates the terms of service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by WEBHERO or submitted to WEBHERO, including without limitation information in WEBHERO Message Boards, and in all other parts of the Service. You acknowledge, consent and agree that WEBHERO may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TERMS OF SERVICE; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of WEBHERO, its users and the public. Users will also be subject to the WEBHERO acceptable use policies located at http://webhero.com/legal.php.
11. SOFTWAREYour use of any software associated with the WEBHERO Web Sites will be governed by the terms and conditions of the end user license agreement (“EULA”) accompanying such software. If you receive any software that is not accompanied by a EULA, then WEBHERO grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the WEBHERO Web Sites and in accordance with this Agreement. WEBHERO reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. WEBHERO or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. WEBHERO may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the WEBHERO Web Sites.
12. INFORMATION AVAILABLE FROM THE WEBHERO WEB SITESWEBHERO and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the WEBHERO Web Sites including stock quotes, even if such information appears in any email, pager, cell phone or other alerts available through the WEBHERO Web Sites. WEBHERO and its suppliers do not authorize the use of information available from the WEBHERO Web Sites including stock quote or other financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. WEBHERO is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the WEBHERO Web Sites constitute an offer or solicitation to buy or sell any security. WEBHERO does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the WEBHERO Web Sites is intended to constitute professional advice, including but not limited to, investment or tax advice.
13. WEBHERO MAKES NO WARRANTYWEBHERO PROVIDES THE WEBHERO NETWORK OF WEB SITES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBHERO PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE WEBHERO PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEBHERO WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
14. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDYIN NO EVENT WILL ANY WEBHERO PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE WEBHERO WEB SITES, EVEN IF SUCH WEBHERO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 14 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WEBHERO WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY WEBHERO PARTY WITH RESPECT TO THIS AGREEMENT OR THE WEBHERO WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBHERO WEB SITES.
15. CHANGES TO THE WEBHERO WEB SITES; ADDITIONAL LIABILITY LIMITATIONTHE WEBHERO PARTIES MAY CHANGE THE WEBHERO WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the WEBHERO Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, “Content”) originated by WEBHERO and persons other than WEBHERO (any such person is referred to as a “Third Party”). WITHOUT LIMITING THE GENERALITY OF SECTIONS 13 AND 14, YOU ACKNOWLEDGE AND AGREE THAT THE WEBHERO PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 13 AND 14, YOU ACKNOWLEDGE AND AGREE THAT WEBHERO IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE WEBHERO WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE WEBHERO WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE WEBHERO WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE WEBHERO WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 13, 14 AND 15 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
16. TERMINATION; ACCESS RESTRICTIONWEBHERO may terminate this Agreement, or terminate or suspend your access to the WEBHERO Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the WEBHERO Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE WEBHERO WEB SITES MAY NOT BE RETRIEVED LATER.
17. INTERPRETING THE AGREEMENT; ASSIGNMENTIf any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. WEBHERO may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the WEBHERO Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and WEBHERO with respect to the WEBHERO Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and WEBHERO with respect to the WEBHERO Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
18. YOU HAVE LIMITED TIME TO BRING YOUR CLAIMYOU AND WEBHERO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBHERO WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
19. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTSAll contents of the WEBHERO Web Sites are Copyright © 2009 WEBHERO Corporation and/or its suppliers, 14000 Quail Springs Parkway, Suite 230, Oklahoma City, OK 73134 U.S.A. All rights reserved. WEBHERO, WEBHERO logo and/or other WEBHERO products and services referenced herein may also be either trademarks or registered trademarks of WEBHERO in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
20. INFORMATION PROVIDED ON YOUR WEBHEROWEBHERO and its Partners may make available information such as weather, stock reports and news accessible on your WEBHERO. You may not use this information for any commercial purposes. WEBHERO and its Partners cannot guarantee the accuracy or validity of any information provided. USER is advised to use any information at there own risks. Third Party Account Information By using the Toolbar menu through the WEBHERO Web Sites, you authorize WEBHERO and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint WEBHERO and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting WEBHERO and its agents to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering.
21. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENTPursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement at: http://www.webhero.com/terms-of-service
22. USERS SHALL BE BOUND BY THE Webhero.com, INC PRIVACY STATEMENT. FOR INFORMATION REGARDING THE Webhero.com PRIVACY STATEMENT CLICK HERE.
23. USERS OF ONESITE, INC products SHALL BE BOUND BY THE ONESITE, INC. TERMS OF SERVICE. FOR INFORMATION REGARDING THE ONESITE, INC. TERMS OF SERVICE CLICK HERE.
24. RESOLUTION OF DISPUTESFor the adjudication of all disputes concerning or arising from the service and facilities provided under this agreement (other than use of the Registered Name), all litigation shall be commenced in a state or federal court sitting in Oklahoma County, Oklahoma. This venue selection clause is mandatory, not permissive, and litigation shall not be commenced in any other venue. The parties hereby waive all objections and consent to the jurisdiction and venue of any state or federal court sitting in Oklahoma County, Oklahoma. For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder’s domicile and (2) where Registrar is located.
25. DOMAIN WHOIS PRIVACY SERVICE CONDITIONS
1. DESCRIPTION OF SERVICES
The Whois Privacy Service hides the contact details of the actual owner from appearing in the Whois lookup for the domain name.
2. IMPLEMENTATION DETAILS
(1) Registrant acknowledges and agrees that the contact information being displayed in the Whois of a privacy protected domain will be those designated by the Webhero.com
(2) Registrant agrees that we cannot guarantee delivery of messages to either the Registrant, Administrative, Billing, Technical Contact, or Customer of a privacy protected domain, and that messages may not be delivered in time or at all. Webhero.com disclaims any and all liability associated with non-delivery of any messages relating to the domain and this service.
(3) Registrant understands that the Whois privacy service is only available for certain TLDs.
(4) Irrespective of whether Whois Privacy is enabled or not, Registrants are required to fulfill their obligations of providing true and accurate contact information.
(5) Registrant understands and acknowledges that Webhero.com in its sole discretion can discontinue providing Whois privacy services for the domain for any reason, including but not limited to:
(a) if Webhero.com receives any abuse complaint for the privacy protected domain name, or
(b) pursuant to any applicable laws, government rules or requirements, requests of law enforcement agency, or
(c) for the resolution of disputes concerning the domain name, or
(d) for any other reason that Webhero.com in its sole discretion deems appropriate to switch off the Whois privacy services.
Irrespective of the Conflict of Laws doctrine, this Agreement shall be governed, construed and enforced pursuant to the laws of the State of Oklahoma.
I have read the terms and conditions above, and I hereby agree to all terms by submitting my signup request to Webhero, Inc. or by using the Webhero, Inc. network of web sites.