|
|
|
Terms & Conditions of Use
|
|
|
This Agreement (the "Agreement") explains the terms and conditions governing your use of the Take2theWeb website creation, management and hosting services, technology, and any other content available on Take2theWeb.com. By subscribing to take2theweb, you accept these terms and conditions and acknowledge that the take2theweb service is subject to the limitations set out below. If you do not wish to accept this agreement, do not proceed with your registration.
In brief:
- You can use the Take2theWeb.com service for one year from the day Take2theWeb.com receives payment for your service fees.
- You are responsible for the legality of any content you submit to the site.
- You are responsible for the safe keeping and backing up of any data you send to the site.
- We reserve the rights to remove any data we suspect is illegal.
- In submitting any data to the site, you give us permission to use it in any way for educational, promotional or commercial purposes without restriction.
NOW PLEASE READ CAREFULLY THE FULL TERMS AND CONDITIONS BELOW.
- AGREEMENT:
- These Conditions set out the basis on which Take2theWeb Ltd (the "Company") provides the Take2theWeb web creation and management service (the "Service") to organisations (the "User").
- In consideration of the User agreeing to these terms and conditions, the Company hereby grants the User the right to use the Service to create manage and publish their own User web site (the "User Web Site").
- The starting date and duration of this Agreement will normally be from receipt of payment for an order and for a period of twelve months (the "Authorised Period") but may be otherwise specified by the Company.
- These Conditions shall be deemed to be incorporated in all contracts of the Company to sell goods and services to the User and in the case of any inconsistency with any order letter or form of contract sent by the User to the Company whatever may be their respective dates the provisions of these Conditions shall prevail unless expressly varied in writing and signed by a director on behalf of the Company.
- SERVICES:
- Registering for a Take2theWeb Service provides registered members (each a "Member") with the package of content, tools, and services as described here:
- You will have access to site hosting, 10 megabytes of disk space, web page templates and communication tools.
- You will be able to use the proprietary and licensed technology incorporated in the Take2theWeb.com Service to build and maintain your web site ("Member Site"). Take2theWeb.com may offer other tools and services that are not included in any Take2theWeb Service, including premium services for which an additional fee will apply.
- We offer you these services "as is," and you understand that if you use the Take2theWeb Services, you are assuming all risk for doing so, and The Company is not liable to you for any consequences of your use of the technology.
- CONFIDENTIALITY:
- Any information and knowhow whenever disclosed by the Company ("Confidential Information") are disclosed to the User on a confidential basis and:
- the User, its agents and employees will not without the prior written consent of the Company disclose to any third party any of the Confidential Information whether orally or in writing or otherwise or reproduce any such Confidential Information by any means;
- in respect of any part of the Confidential Information which enters the public domain lawfully and otherwise than through a breach of this Condition the obligations of confidentiality set out in this Condition will in relation solely to such Confidential Information cease to have effect from the date of such public disclosure.
- COPYRIGHT:
- All materials supplied to the Company by the User for inclusion in the User Web Site or the Company Web Site are the sole property of the User who hereby gives the Company permission to use and adapt these materials for publication on the User Web Site or the Company Web Site and to use them freely for educational and promotional and commercial purposes and:
- all designs, graphics, sounds, trade marks, images, text, software developed by or on behalf of the Company in connection with the Company Web Site and all the intellectual
property rights therein are the exclusive property of the Company.
- ACCESS TO THE WEB SITE:
- Editorial access to the User Web Site by the User will be granted on receipt of full payment of the licence fees specified elsewhere. The Company will provide technical services enabling access to the User Web Site by the User for editing and
uploading and publishing data and:
- passwords will be issued to the User to enable access to the User Web Site for editing purposes. The User is fully responsible for the security of said passwords and the appropriate access of their employees and students to the User Web Site and may at any time request that their passwords be changed by the Company;
- the Company reserves the right to remove access to the web site by the User without notice and without giving reason, should the Company deem restriction of access is necessary;
- the User will be granted editorial access to the User Web Site for the Authorised Period which will commence on the date of receipt of the order by the Company or on another agreed date. On completion of the Authorised Period the contract between the User and the Company will terminate, unless the User renews its subscription on payment of a new licence fee. Termination of the contract between the User and the Company can be effected otherwise by either party giving the other at least 3 months prior notice in
writing.
- PAYMENT:
- You may use the Take2theWeb Trial Service free for thirty (30) days from the day you register for the trial ("Trial Period").
- You may purchase the Take2theWeb Service you are using at any time. After the Trial Period, you will have thirty (30) additional
days ("Extension Period") to purchase the Take2theWeb Service you are using, in order to retain any data in any format supplied by you to Take2theWeb.com for use on your Member Site ("Data"). After the Extension Period, Data shall be deleted. Take2theWeb.com is not responsible for any damages to you or your business in the event you decide not to purchase the Take2theWeb Service and Take2theWeb.com deletes your Information after the Trial Period and Extension Period expire.
- Take2theWeb.com reserves the right at its sole discretion and as it deems appropriate to add or remove certain services it offers and change its fees and services.
- For access to and use of any Take2theWeb Solution, you agree to
pay all fees and charges specified in the fee schedule. Take2theWeb.com asks that you provide us with your credit card information for payment; all charges you incur for use of the
Take2theWeb.com Service will be charged to the credit card number you provide. If Take2theWeb.com does not receive payment from the card issuer, you agree to pay Take2theWeb.com all amounts due upon demand. Take2theWeb.com may take commercially reasonable actions to validate
your credit card. You understand that if Take2theWeb.com does not receive timely payment of all amounts due for any service you purchase, your use of any Take2theWeb service may be severely restricted or terminated, at Take2theWeb.com's sole discretion. This includes any Data you provide to Take2theWeb.com while using any
service.
- You agree to notify Take2theWeb.com immediately if you suspect unauthorized use of the Take2theWeb.com Service, your credit card, or your password. In the event of an unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
- You agree to pay any taxes, including personal property taxes or sales taxes, resulting from your use of the Take2theWeb.com Services.
You agree to pay all legal and collection fees arising from our effortsto collect any past due amounts from you to the extent allowed
by law.
- Each invoice for Take2theWeb.com services fees shall be paid in full by the User within 14 days of the date of the invoice and the time of payment shall be of the essence of the contract and:
- without prejudice to any other rights it may have the Company is entitled to charge interest on late payments;
- MATERIALS:
- You may not use any Take2theWeb.com Service, the selection of a web address for your Member Site, the Technology, or
the Member Site to, including, but not limited to:
- display material containing pornographic material of any kind;
- provide material that is grossly offensive to the Take2theWeb.com online community, including blatant expressions of bigotry,
prejudice, racism, hatred, or excessive profanity, or post any obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable content;
- sell or promote any products or services that are unlawful in the location at which the content is posted or received;
- access illegally or without authorization any computers, accounts, or networks of Take2theWeb.com or any Take2theWeb.com
Member, or attempt to penetrate Take2theWeb.com's security measures
("hacking"), or conduct a port scan, stealth scan, or other information-gathering activity the intent of which is to gather information to be used to attempt a system penetration; or upload to Take2theWeb.com, send through Take2theWeb.com, or have Take2theWeb.com host or distribute any Internet viruses, worms, Trojan horses, other harmful code, pinging, flooding, mail bombing, or denial-of-service attacks; or disrupt the use of or interfere with
the ability of others to effectively use a Service or any connected network, system, service, or equipment;
- display material that exploits, or incites others to exploit, children under 18 years of age;
- post any content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party;
- promote, solicit, or participate in pyramid schemes;
- post any content that holds Take2theWeb.com up to public scorn or ridicule;
- engage in any libelous, defamatory, scandalous, threatening, or harassing activity;
- post or disclose any personally identifying information or private information about children or any third parties without their
consent (or their parents' consent, in case of a minor); and/or
- post any content that advocates, promotes, or otherwise encourages violence against any governments, organizations, groups, or individuals or that provides instruction, information, or assistance in causing or carrying out such violence.
- You agree that without the express consent of Take2theWeb.com
(and showing proof of the appropriate licenses where necessary or
appropriate), you will never provide, sell, or offer to sell the following products or content (or services related to the same) on
the Member Site you create: pharmaceutical or any other controlled substances; illegal drugs; illegal drug contraband; alcohol;
firearms; weapons; pirated computer programs; pornography or illicitly pornographic sexual products; programs to "nuke" or create attacks against another individual or an Internet service provider;
illegal goods; escort services; instructions on how to assemble or otherwise make bombs, grenades, or other weapons; information used to circumvent manufacturer-installed copy-protect devices; or computer
software viruses or software designed to create a virus.
- You also agree that you will never promote or provide instructional information about: illegal activities, activities that
can lead to physical harm to any group or individual, or any activities that lead to cruelty to animals. You may not use the
Take2theWeb.com service, Technology, or Member Site in any high-risk activities where damage or injury to persons, property, environment, or business may result if an error occurs. YOU EXPRESSLY ASSUME ALL
RISK FOR SUCH USE.
- Unless Take2theWeb.com offers a service to conduct any of the following, you agree that you will never conduct the following types of activities on the Member Site: gambling; sweepstakes; raffles; lotteries; contests, pyramid, or Ponzi schemes; and/or unsolicited commercial email (spam).
- You agree that you will not (and you will not allow any third party to) partake in the following actions: reverse engineering,
reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Take2theWeb service, or any Technology; individual passwording of Member Sites (or pages contained therein);
deleting or altering author attributes or copyright notices, unless expressly permitted in writing by the author or owner; and/or fail to
obtain all required permissions when using a Take2theWeb service, or Technology to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual-property laws, including copyright and patent laws
- CANCELLATION:
- Should the User for any reason whatsoever cancel their order or terminate the contract before the expiry of the Authorised Period the Company is not liable for any refund for any remaining part of the Authorised Period;
- DELIVERY:
- Any dates given in any correspondence or verbally for completion of works are given in good faith. Time of delivery of services shall not be of the essence of any contract nor shall the Company be under any liability for any delay beyond the Company's control.
- LIABILITY:
- The Company shall not be liable for any costs, claims or damage or expenses arising out of any tortious act or omission or breach of contract or statutory duty calculated by reference to special or consequential losses or loss of contracts or profits, income production or accruals or loss of such profits,
income production or accruals or by reference to accrual of such claim, damages or expenses on a time basis and:
- the liability of the Company to the User for any loss or damage of whatsoever nature and howsoever caused shall be
limited to and in no circumstances shall exceed the fees paid by the User or pursuant to the contract;
- while the Company will use all reasonable endeavours to ensure that the Service operates fully and effectively
it does not warrant that the Service will be error free and its liability in respect of any error in the Service will be limited to using all reasonable endeavours to correct such error within a reasonable period of details of such errors being brought to its attention.
- VARIATION:
- No statement, description, information, warranty or recommendation contained in any catalogue, price list, advertisement or communication or made verbally by any of the agents or employees of the Company shall be construed to enlarge, vary or override in any way these conditions and
- any concession made or latitude allowed by the Company to the User shall not effect the strict rights of the Company under the contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the contract the other conditions shall continue in full force and effect.
- JURISDICTION:
- Unless otherwise specified, the materials in this site are presented solely for the purpose of promoting the services
and products of Take2theWeb Limited, available in the United Kingdom,
its territories, possessions, and protectorates. This site is controlled and operated by Take2theWeb Limited from its offices
within the UK. Take2theWeb Limited makes no representation that materials in the site are appropriate or available for use in other
locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- The contract shall in all respects be governed by English law and shall be deemed to have been made in England and the User and the Company agree to submit to non-exclusive jurisdiction of the English
courts.
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
- Notification must be submitted to the following Designated Agent:john.smith@take2theweb.com
- To be effective, the notification must be a
written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the
notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
|
|
|
|
|
|