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VILLAGECIRCLE LEGAL DISCLAIMER AND POLICY STATEMENT

GENERAL
Villagecircle offers Internet hosting and related services through its system to its subscribers. Villagecircle does not and cannot control the content, quality or accuracy of information available through its system or over the Internet in general. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THESE SERVICES AND SYSTEM. BY ACCESSING THESE SERVICES AND SYSTEM YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THESE SERVICES AND SYSTEM. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THESE SERVICES AND SYSTEM AND THE INTERNET IN GENERAL. 

USE OF SERVICES AND SYSTEM

Villagecircle's services and system may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, Villagecircle's services and system shall not be used in a manner which would violate any law or infringe on any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity. While using Villagecircle's services and system, you may not restrict or inhibit any other user from using and enjoying the Internet; post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, fraudulent, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law; post or transmit any information or software which contains a virus, cancelbot, Trojan Horse, worm or other harmful component; post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through Villagecircle's services and system for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through Villagecircle's services and system which are protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; or upload, post, publish, reproduce, transmit or distribute in any way any component of the services and system itself or derivative works with respect thereto. 

You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your own risk. Villagecircle has no control over and accepts no responsibility whatsoever for such materials. 

It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advise, services and other information, and the quality and merchantability of all merchandise, obtained through Villagecircle services and system or on the Internet generally. 

Any unauthorized access or use of information in this site is prohibited. Any breach or security, hacking activity, graffiti placement, or other misuse of this site or information is prohibited and shall be prosecuted to the full extent of the law. 

CHANGES TO SERVICE

The services provided by Villagecircle are expected to change from time to time. Villagecircle reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to hosting features, hosting software, and use procedures. 

PAYMENT TERMS

A hosting subscriber must pay fees per Villagecircle's rate schedule in effect from time to time as a condition to obtaining access to Villagecircle's services and system. Rate changes will be effective when published on-line or otherwise provided to subscribers. Payments not made within 15 days of the billing date are considered delinquent. Delinquent accounts are subject to immediate suspension and/or termination without notice. Monthly charges will not be pro-rated. Subscribers are liable for any legal and investigation fees incurred by Villagecircle in order to collect on open or past due accounts. 

TERMINATION AND SUSPENSION

Either subscriber or Villagecircle may, at its sole discretion, terminate the subscriber's account with or without reason. Villagecircle may, at its sole discretion, suspend or deny access to a subscriber's account at any time with or without reason. Subscribers are required to provide a 30 day written notice prior to their termination of use of any Villagecircle online sevices. Monthly charges will not be pro-rated. TERMINATION OR SUSPENSION DOES NOT RELEASE LIABILITY FOR CHARGES DUE OR ANY LEGAL OR OTHER FEES INCURRED FOR COLLECTION. Villagecircle may delete all data, files or other information that is stored in subscriber's account upon termination. Domain names and  website data files shall remain in Villagecircle control until all monies owed to Villagecircle are collected in full. 

INTELLECTUAL PROPERTY INFORMATION

Villagecircle is the exclusive owner of all intellectual property rights, including copyright, in all of the pages and screens displaying the pages of this site, as well as in the information contained therein and in the arrangement of the information. 

CONFIDENTIALITY

Electronic mail and other transmissions passing over the Internet and through Villagecircle's system are not confidential. Accordingly, Villagecircle cannot guarantee the protection or privacy of any information of any user. Villagecircle has no obligation to monitor the services and system. However, Villagecircle reserves the right to monitor a user's mail and transmissions as a necessary incident to providing service and otherwise protect the rights or property of Villagecircle. Villagecircle will not disclose any such information unless required to operate its system or pursuant to a court order, subpoena, or similar legal request or otherwise on advice of counsel. Villagecircle further reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement. 

INTERNET JUNK MAIL (SPAM)

Villagecircle will not be the source, intermediary, or destination address involved in the transmission of spam. Villagecircle will not be listed in any spammed message, either as an originator, intermediary, or reply-to-address. Villagecircle defines spam as "junk, bulk, or unsolicited e-mail." Villagecircle does not endorse, promote, or authorize junk, bulk, or unsolicited e-mail to or from our system. It is a violation of this Agreement for any subscriber or user of Villagecircle's services and system to participate in any of the following activities through a Villagecircle provided service, including but not limited to, posting to any Usenet or other news group, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list; sending unsolicited e-mailings for broadcasts, advertisements, announcements, or any other trivial purposes to unconsenting e-mail users; falsifying user information provided to Villagecircle or to other users of the services and system in connection with use of a Villagecircle's service; channeling such activities through a Villagecircle's account, mail list, system, or any Villagecircle's service; or using a Villagecircle's account as a maildrop for responses for any of the above activities. Villagecircle may, at its sole discretion, terminate or suspend a subscriber's account and delete all data, files or other information that is stored in a subscriber's account for any violation of this section. 

NO WARRANTY/LIMITATION OF LIABILITY

USE OF Villagecircle's SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT USER'S SOLE RISK. Villagecircle DOES NOT WARRANT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICES AND SYSTEM IS FREE OF VIRUSES, CANCELBOTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS; NOR DOES Villagecircle MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICES OR SYSTEM OR THE INTERNET IN GENERAL. Villagecircle's SERVICES AND SYSTEM ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. NO ADVICE OR INFORMATION GIVEN BY Villagecircle, OUR AFFILIATES OR OUR CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. 

UNDER NO CIRCUMSTANCES SHALL Villagecircle, OUR AFFILIATES OR OUR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS AND TELEPHONE LINE CHARGES, THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE SERVICES AND SYSTEM OR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICES AND SYSTEM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE MAXIMUM LIABILITY OF Villagecircle. TO ANY SUBSCRIBER OR USER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO Villagecircle's NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER OR USER TO Villagecircle DURING THE SIX MONTH PERIOD PRECEDING THE CLAIM. 

INDEMNITY

The subscriber or user agrees to defend, indemnify and hold harmless Villagecircle, its directors, officers, shareholders, agents, employees, affiliates, contractors and other subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, related to any violation of this Agreement by you or authorized users of your account, or in connection with the use of the services and system or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you or authorized users of your account, or arising out of or resulting from any and all other use of your account whether or not authorized 

NON-TRANSFERABILITY

A Subscriber's hosting account and right to use Villagecircle services and system is not transferable without Villagecircle's written consent. Subscriber agrees to protect its password and account and to keep them secure from unauthorized users and use. 

INTERPRETATION

These terms and conditions supersede all other written and oral communications or agreements with regard to the subject matter. A waiver of these terms and conditions shall only be effective if in a writing signed by an authorized officer of Villagecircle.. These terms and conditions shall be governed by and interpreted in accordance with the laws of the State of Florida, USA, without regard to choice of law principles. Any cause of action you may have with respect to Villagecircle, our affiliates or contractors must be commenced with in one (1) year after the claim or cause of action arises or such claim or cause of action is barred. This agreement constitutes the entire agreement between you and Villagecircle, our affiliates, contractors and employees with respect to the services and system. You agree that all of the terms and conditions of this "Legal Disclaimer and Policy Statement" are fair and reasonable, and that you agree to be bound to same as a matter of your own free will. In the event that any portion of this agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Villagecircle's failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the agreement. 

Villagecircle may modify this Agreement from time to time. Your continued use of the service and system shall be deemed to be your acceptance of any such modification. It is your responsibility to check the "Legal Disclaimer and Policy Statement" regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately stop using the service and system. 
 

Village Circle has been an Information Technology Service Provider for Businesses Since 1982
 
Copyright © 1998 - 2007 Village Circle,  All rights reserved. Unauthorized duplication is a bad thing.