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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.
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