1. Support Central Online, Inc. ("The Service Provider" and "The Web Designer"), has automated their web design process through the use of their online application accessed through their website, "SiteRightNow.com". Through the use of SiteRightNow.com, Support Central Online, Inc. allows customers to establish Internet Websites ("Customer Websites"). Support Central Online, Inc. also provides customers with the capability to send and receive electronic mail via the Internet. ("Customer E-mail"). Support Central Online, Inc. also orders Internet domain name registrations ("Customer Domain Names") to use with Customer Websites.
2. You ("Customer") agree and acknowledge that your use of SiteRightNow.com is entirely at your own risk, and that Support Central Online, Inc. makes no implied or express warranties about the reliability of SiteRightNow.com or websites established by using the SiteRightNow.com service. You further agree and acknowledge that Support Central Online, Inc.is not responsible for any damage caused by loss of access to, or deletion or alteration of Customer Websites, Customer E-mail, or Customer Domain Names.
You agree and acknowledge that you are fully responsible for your actions and Customer Websites and Customer E-mail, including, but not limited to any opinions and views expressed in those Customer Websites and Customer E-mail. You further agree and acknowledge that The Service Provider. may remove or delete any Customer Websites or Customer E-mail, any portion thereof for any reason that the Service Provider deems necessary, including but not limited to any violation of the terms of this agreement, in The Service Provider's sole discretion, and may suspend or cancel service without prior notice to you.
You agree to abide by all applicable local, state, national and international laws and regulations in connection with your use of the SiteRightNow.com service.
You agree that the following is a non-exclusive list of content and activity that is not permitted for Customer Websites and Customer E-mail:
a) Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b) Free music sharing websites are prohibited along with the sharing or unauthorized selling of music files or other content protected by copyright laws.
c) To post or transmit extreme content that could be considered legally obscene or that violates child pornography statutes; that contains graphic depictions of sexual acts, or visual depictions of sexually explicit conduct involving children; or that contains depictions of children, the primary appeal of which is prurient
d) The use of utilities or programs by the customer or by the Customer Website visitors that are not authorized by The Service Provider that scan or transmit data to the Customer Website or scan or transmit data to the SiteRightNow.com network.
e) Running advertising campaigns where a page from the Customer Website is used as the ad in a popup or popunder window. These types of campaigns are often advertised as "guaranteed hits" campaigns.
f) Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
g) Content 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;
h) Intentionally or unintentionally violating 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.
i) Promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty. This may include, but is not limited to, providing instructions on how to assemble bombs or other weapons.
j) Exporting software or technical information in violation of U.S. export control laws;
k) Transmitting the same email message to over 50 people when using the Service Provider's outgoing mail server without prior written authorization from The Service Provider.
l) Any e-mail activity that may be considered to be"SPAM" as defined by mail-abuse.org as "An electronic message is "spam" IF: (1) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender."
m) The distribution of the Customer Website's username and password to allow anyone other than the customer to have access to The Service Provider's e-mail servers. In particular, the use of The Service Provider's outgoing mail server (also known as SMTP server) by anyone other than the Customer is strictly prohibited.
n) The use of The Service Provider's outgoing mail server when the Customer already has an outgoing mail server from their ISP (Internet Service Provider) that can be setup to work properly. (Note: some ISP's such as AOL do not provide their customers with an outgoing mail server. These customers who do not have an outgoing mail server available from their ISP are permitted to use The Service Provider's outgoing mail server subject to the restrictions set forth in this agreement.. Customers who cannot get their ISP's outgoing mail server to function are permitted to use The Service Provider's outgoing mail server subject to the restrictions set forth in this agreement.)
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Billing and Account Closing Terms:
You acknowledge that Support Central Online, Inc. bills you once a month for website services and once a year for domain name registration fees. Exact charges are shown on the SiteRightNow.com pricing page and on the SiteRightNow.com order form. You acknowledge thatWebsite services and domain name registrations are charged to the credit card or checking account that you provide on the SiteRightNow.com order form. You agree to provide valid account information on the order form. For credit card or debit card accounts, you agree to keep enough funds in your account to pay for The Service Provider's charges and that you will not dispute the Service Provider's once a month and once a year charges with your bank or credit card company. For credit card accounts, you acknowledge that you are responsible for making sure the account you provide is in good standing and will approve the Service Provider's charges. You agree that you will use the forms provided on the SiteRightNow.com website to change credit card accounts or change checking accounts, if you need to change accounts used for billing or if you discover or you are informed that there is a problem with the account that the Service Provider has on file.
You acknowledge that Support Central Online, Inc. is not responsible for fees that your bank or an online Payment Processor may assess for lack of funds or for any other reason. You acknowledge that the company that the Service Provider uses to collect online payments ("Payment Processor") may attempt to collect funds multiple times during the month for accounts with insufficient funds. The Payment Processor may issue collection fees for insufficient funds. You acknowledge that Support Central Online, Inc. is not responsible for fees assessed by your bank or the Payment Processor and you agree not to request compensation from The Service Provider for these charges.
The Service Provider agrees to remove you from future monthly billings after receiving an official account closing form that you fill out and return via e-mail, fax , or postal mail. To receive an account closing form, you acknowledge that you must request one in writing by contacting the Service Provider using the information provided on SiteRightNow.com's Contact Info page. You acknowledge that your account cannot be closed on the telephone. A written closing form must be sent to The Service Provider via email, fax, or postal mail. You understand that you should print out the receipt that is generated by the account closing form for your records. You understand that the receipt will show the date and time that your account was officially closed. You agree that you may need to show a copy of the account closing form receipt for any billing disputes to be considered by the Service Provider.
You agree to abide by the refund policy posted on SiteRightNow.com and that any refunds that are paid by the Service Provider will be issued under the terms of the officially refund policy posted on SiteRightNow.com. You acknowledge that refunds for customers who paid by online check may take longer than those who paid by credit card, due to the longer amount of time it takes for the Payment Processor to clear online checks. You acknowledge that refunds for checking customers can only be issued once The Service Provider is assured by the Payment Processor, in the Service Provider's own discretion, that the check has been validated for sufficient funds, valid account information, and an absence of bank disputes. You acknowledge that this process may take from 2 to 12 weeks. For credit card customers, you acknowledge that the Service Provider intends to issue any refunds due based on the Service Provider's official refund policy within 1 to 4 weeks after receiving your account closing form.
You acknowledge that the Service Provider's charges are not related in any way to how many times you access or use your website and/or control panel. You acknowledge that it is your responsibility to contact the Service Provider to request a closing form in the manner described in this document, if you no longer want to be billed for the service.
You acknowledge that after your account is closed, your website and e-mail provided by the Service Provider will stop functioning. Any content that was included in your website or e-mail, including but not limited to graphics, text, music, animations, and videos, will not be available to you. As stated earlier, you acknowledge that you agree not to hold the Service Provider responsible for any damages that occur due to the closing of your Website Services and E-mail Service, including but not limited to loss of User Website service, the loss of User Website content and the loss of User Email content. You acknowledge that you may choose to "park" your website for an additional fee so that you can reactivate your website service at a later time (within one year of the account closing). The Service Provider agrees to archive your website content for up to one year if you choose the "park" option and pay the additional parking fee as outlined on the account closing form. You acknowledge that if you do not choose the "park" option, your User Website and your e-mail may be deleted. To start your account again, you acknowledge that you would contact The Service Provider using the contact information provided on the SiteRightNow.com website. You acknowledge that the Service Provider will put you back on the monthly billing schedule once your account is restarted. You also agree to allow The Service Provider to continue monitoring the expiration of your domain name registration, and to automatically renew your domain name registration once per year and bill your account for the registration fee, when you choose the "park" option on the account closing form.
After closing your account, you acknowledge that you may use your domain name on a different service,as long as your registration is not expired and you have no payments due on your account. The Service Provider agrees to provide you with a way to modify the DNS information on your domain name record to allow you to use a non expired domain name with a different website service provider. You acknowledge that you will only be permitted to change the DNS information on your domain record after you have submitted an official account closing form. You acknowledge that the Service Provider may take ownership of the domain registration as partial payment, if full payment cannot be collected in 90 days from the date billed. The Service Provider also reserves the right to refuse any changes or transfers on domain name registrations until accounts are paid in full.
Domain Name Information:
You acknowledge that Support Central Online, Inc. charges a fee to place your order for a domain name registration with authorized ICANN registrars, including but not limited to, OnlineNic, Inc. and DotRegistrar.com. Support Central Online, Inc. uses the information you provide on your order form to submit your domain registration order to these ICANN authorized registrars. You acknowledge that the SiteRightNow.com order form clearly states which information will be displayed to the public on your Customer Website and on your domain name registration record and which information will be used for the Service Provider's internal use. You agree not to hold Support Central Online, Inc. responsible for any damages caused by the disclosure of any information that you entered on the SitRightNow.com order form or on your User Website. You acknowledge that it may be necessary for the Service Provider to disclose certain information if requested by certain agencies. You understand that any changes in your domain name registration information should be submitted to the Service Provider who will forward the information to the appropriate authorized registrar. You acknowledge that any specific domain name disputes or other domain name related issues may need to be resolved by the authorized registrar and not by Support Central Online, Inc.
Changes to this Agreement or to Additional Rules or Policies:
You acknowledge that the Internet, domain name system, Website usage, E-mail systems, and the practice of registering and administering domain names are evolving, and therefore you agree that Support Central Online, Inc.may modify this Agreement, as well as any additional rules or policies that are or may be published by Support Central Online, Inc. as necessary to adjust to changing business circumstances or for other reasons. Keeping your account open by not requesting an account closing form shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by Support Central Online, Inc., each with the new modifications. If you do not agree to any of such changes, you may request an account closing form to close your account. You acknowledge and agree that such cancellation will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by Support Central Online, Inc.
Your Obligation to Indemnify: You agree to indemnify, defend and
hold Support Central Online, Inc., all relevant Partner(s), and their licensors, licensees, consultants, contractors, agents, attorneys and employees harmless from and against any and all liability, loss, damages, claims or causes of action, including internal and external legal fees and expenses, arising out of, related to or which may arise from your use of SiteRightNow.com, your Customer Website, your Customer E-mail, your domain name registration and/or your breach of any term of this Agreement.
Use of Website Graphics:
You acknowledge that the graphics available on the SiteRightNow.com control panel are graphics that Support Central Online, Inc. is licensed to use for its web design projects on its Customer's Websites and on its own websites. You understand that Support Central Online, Inc. has automated their web design process by creating their SiteRightNow.com website application. The Web Designer allows you to make design selections and choices on its SiteRightNow.com website to automatically build your Customer Website. The Web Designer gives you the ability to input your own website content along with making web design choices from those that the Web Designer makes available. In much the same way that an Interior Designer would make available a selection of carpet samples, Support Central Online, Inc. makes available a selection of recommended graphics choices for Customer Websites. You agree to only use these graphics as part of your Customer Website. You agree not to use these graphics for any other purpose or distribute them in any way. Support Central Online, Inc. acknowledges that these graphics are not made available as a collection for the general public to access. The graphics can only be used for Websites that Support Central Online, Inc. designs manually or for Customer Websites created through their automated web design application on SiteRightNow.com.
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