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Welcome to the WebControl web site (the "WebControl
and WebControl Studio sites"), are owned and managed by WebControl
subsidiary division of Huard Net Inc.
where affordable web design is the name
of the game. This WebControl AND WebControl Studio Services Member Agreement
(the "Agreement") explains the terms and
conditions governing your use of
WebControl AND WebControl Studio’s
services, technology, and any other content
available on the WebControl AND WebControl Studio service. By checking
the box and clicking on the ‘Continue’ button,
you accept these terms and conditions and
acknowledge that the WebControl AND WebControl Studio service is subject
to certain limitations set forth below.
If you do not wish to accept this
agreement, do not purchase this service.
By registering and purchasing any
WebControl AND WebControl Studio service,
you agree to use the WebControl AND WebControl Studio service in a manner
consistent with all applicable laws and
regulations and in accordance with the terms
and conditions outlined below.
THE FEE FOR ANY WebControl AND WebControl Studio SERVICE IS NONREFUNDABLE.
WebControl AND WebControl Studio WILL NOT REFUND ANY FEES PAID BY YOU IF YOU TERMINATE YOUR
AGREEMENT WITH US AFTER 30 DAYS OR IF WE TERMINATE THIS AGREEMENT DUE TO TERMS STATED
IN SECTION 3 BELOW.
(a) Generally. Purchasing
WebControl AND WebControl Studio's service entitles you (a "Member")
to all the tools, content, and services
available on the system regardless of your
use of them.
If you would like to switch WebControl AND WebControl Studio services,
apply the changes on your own (in your "Account
Summary" in the Customer Login Area.
(b) WebControl AND WebControl Studio Services and
Technology: You will be able to use the
proprietary and licensed technology incorporated
in the WebControl AND WebControl Studio Service to build and maintain
your web site ("Member Site") ("Technology").
WebControl AND WebControl Studio may offer other tools and services
that are not included in any WebControl AND WebControl Studio Service,
including premium or custom services for
which an additional fee will apply. Separate
terms and conditions apply for each
WebControl AND WebControl Studio
Solution and will be outlined in a separate
agreement.
(a) For access to and
use of any WebControl AND WebControl Studio Service, you agree to pay
all fees and charges specified in the
WebControl AND WebControl Studio
Service fee schedule. All fees are due immediately
and are non-refundable. WebControl AND WebControl Studio asks that you
provide us with your credit card information
for payment, and all charges you incur for
use of the WebControl AND WebControl Studio Service will be charged
to the credit card number you provide. If
WebControl AND WebControl Studio does not receive payment from the card
issuer, you agree to pay WebControl AND WebControl Studio all amounts
due upon demand. WebControl AND WebControl Studio may take commercially
reasonable actions to validate your credit
card and collect all payments due. You agree
to pay all attorney and collection fees
arising from any efforts to collect any
past due amounts from you to the extent
allowed by law. You understand that if
WebControl AND WebControl Studio
does not receive timely payment of all amounts
due for any Solution you purchase, your
use of any WebControl AND WebControl Studio Service or Solution may
be severely restricted or terminated at
WebControl AND WebControl Studio's sole discretion. This includes any
Information you provide to WebControl AND WebControl Studio while using
any WebControl AND WebControl Studio Service or Solution.
THE FEE FOR ANY WebControl AND WebControl Studio SERVICE IS NONREFUNDABLE.
WebControl AND WebControl Studio WILL NOT REFUND ANY FEES PAID BY YOU
IF YOU TERMINATE YOUR AGREEMENT WITH US.
(b) WebControl AND WebControl Studio reserves the
right at its sole discretion and as it deems
appropriate to add or remove certain services
it offers and change its fees for any services
in accordance with Section 4.
(c) You agree to notify
WebControl AND WebControl Studio immediately if you suspect unauthorized
use of the WebControl AND WebControl Studio Service, your credit card,
or your password. Under the Fair Credit
Billing Act, your credit card provider cannot
hold you liable for more than $50 of fraudulent
charges. Subject to the following, if your
credit card provider holds you liable for
any of this $50, WebControl AND WebControl Studio will cover your entire
liability up to the full $50. WebControl AND WebControl Studio will
cover this liability only if the unauthorized
use of your credit card is solely a result
of a negligent act or omission by
WebControl AND WebControl Studio,
and only for purchases made at WebControl AND WebControl Studio while
using the secure server. 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.
(d) You agree to pay any
taxes, including personal property taxes
or sales taxes (GST for Canadian Customers),
resulting from your use of the WebControl AND WebControl Studio Services.
You agree to pay all attorney and collection
fees arising from our efforts to collect
any past due amounts from you to the extent
allowed by law.
| 3.
Restrictions and Description
of Prohibited Acts |
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(a) You may not use the
WebControl AND WebControl Studio Service or WebControl AND WebControl Studio Solution, the selection
of a web address for your Member Site, the
Technology, or the Member Site to, including,
but not limited to:
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(i)
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display material containing
pornographic material or adult paraphernalia
of any kind, whether viewable by the
general public or hidden in password
protected areas
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(ii)
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provide material that is grossly
offensive to the WebControl AND WebControl Studio online community,
including blatant expressions of bigotry,
prejudice, racism, hatred, or profanity,
or post any obscene, lewd, lascivious,
filthy, excessively violent, harassing,
or otherwise objectionable content
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(iii)
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sell or promote any products or
services that are unlawful in the
location at which the content is posted
or received
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(iv)
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access illegally or without authorization
any computers, accounts, or networks
of WebControl AND WebControl Studio or any
WebControl AND WebControl Studio Member, or attempt
to penetrate WebControl AND WebControl Studio'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
WebControl AND WebControl Studio, send through
WebControl AND WebControl Studio, or have WebControl AND WebControl Studio
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 an
WebControl AND WebControl Studio
Service or any connected network,
system, service, or equipment
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(v)
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display material that exploits,
or otherwise exploit, children under
18 years of age
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(vi)
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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
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(vii)
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promote, solicit, or participate
in pyramid schemes
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(viii)
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post any content that holds WebControl AND WebControl Studio
up to public scorn or ridicule
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(ix)
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engage in any libellous, defamatory,
scandalous, threatening, or harassing
activity
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(x)
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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)
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(xi)
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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.
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(xii)
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post any information, images or
content that WebControl AND WebControl Studio (in its sole discretion)
deems immoral or unfit for general
public consumption.
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(b) You agree that without
the express consent of WebControl AND WebControl Studio (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
or sexual products; adult paraphernalia; 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.
(c) 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
WebControl AND WebControl Studio 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.
(d) Unless WebControl AND WebControl Studio 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).
(e) 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
WebControl AND WebControl Studio
Service, WebControl AND WebControl Studio Solution, 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 an
WebControl AND WebControl Studio
Service, WebControl AND WebControl Studio Solution, 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.
(f) You agree and acknowledge
that at all times, WebControl AND WebControl Studio retains all rights
to the graphical design of the web site or
template used by you as a paying customer.
Images are licensed royalty-free images
that WebControl AND WebControl Studio does not sell, sublicense or offer
for lease to any customers before, during
or after their time with WebControl AND WebControl Studio as a customer.
| 4.
Changes to the Terms and Conditions |
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WebControl AND WebControl Studio may at any time, with notice of not
less than thirty (30) days, change its fees
and change the terms of this Agreement.
Except for the addition of new tools and
services, WebControl AND WebControl Studio will also give reasonable
notice before any modification of the then-current
WebControl AND WebControl Studio Service that could change your Member
Site. WebControl AND WebControl Studio will announce changes to our
fees and charges by posting them in the
Home section of our service (first page
once a customer logs into to Client Area).
WebControl AND WebControl Studio may, at its discretion, supplement
such notice by sending you an email or by
putting a popup notice on your screen when
you access the WebControl AND WebControl Studio Service, or by sending
you a letter. If you find any change to
be unacceptable, you are free to terminate
this greement by following the steps described
in Section 8.
| 5.
WebControl AND WebControl Studio Signature |
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WebControl AND WebControl Studio relies on the ongoing support of its
customers to help fund the services it offers
its Members. Accordingly, WebControl AND WebControl Studio reserves
the right to include its signature in text
("online web site builder: WebControl AND WebControl Studio ") at the
bottom of each web page WebControl AND WebControl Studio hosts. This
will be unobtrusive so as not to detract
or in any way distract our customers’ web
site visitors.
| 6.
Information About You and
Your Business |
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(a) WebControl AND WebControl Studio is committed
to protecting your privacy. WebControl AND WebControl Studio will never
sell personally identifiable information
about you or your business to any third
party without first receiving your permission,
and all uses of any personally identifiable
information about you or your business will
be subject to our Privacy
Policy.
(b) In order to protect
you, WebControl AND WebControl Studio uses state-of-the-art technology
to protect your data from unauthorized third
parties. Currently WebControl AND WebControl Studio uses Secure Sockets
Layer (SSL) software to protect your data
and secure your transactions. SSL encrypts
or "scrambles" all your personal information,
including your credit card number, name,
and address, as it is transmitted over the
Internet.
| 7.
WebControl AND WebControl Studio Rights |
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(a) Member Site Content
Changes. WebControl AND WebControl Studio reserves the right to make
changes to Member Site upon written request
by you to Customer Care to do so, such as
through email, or upon breach of any of
the provisions of this Agreement by providing
you notice of such breach and reasonable
time, determined by WebControl AND WebControl Studio at its sole discretion,
to rectify the infringing content. If after
such time has expired the Member Site does
not conform to WebControl AND WebControl Studio's satisfaction,
WebControl AND WebControl Studio
may make changes to the content of Member
Site to bring it to compliance with this
Agreement. Member agrees not to hold
WebControl AND WebControl Studio
liable for any foreseeable, unforeseeable,
direct, or indirect consequences that may
result from changes made by Customer Support
to Member Site in response to Member request
to do so or in response to a Member Site
that breaches this Agreement. WebControl AND WebControl Studio's decisions
are final and binding. Notwithstanding the
above, WebControl AND WebControl Studio also reserves the right to discontinue
the provision of any or all aspects of the
WebControl AND WebControl Studio Service or any
WebControl AND WebControl Studio Solution to any
Member for any breach of this Agreement.
(b) Communications. You
will receive a confirmation email from us
at the time of registration. Once registered,
you can set your email subscription preferences
by clicking on the My Account link in the
upper right corner of the Service, then
choosing the Email Subscriptions link. If
you choose to receive Member communications,
you may choose to change your email preferences
at any time by following the instructions
above. WebControl AND WebControl Studio reserves the right to communicate
with all Members regardless of their email
subscriptions in the event that important
messages need to be communicated to Members,
including, but not limited to, service outages,
material changes or modifications to the
service, and notice of changes to this Agreement.
(a) Term.
This agreement shall be effective upon when
you click on the Continue button until terminated
in accordance with the provisions below.
(b) Termination by
WebControl AND WebControl Studio.
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(i)
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WebControl AND WebControl Studio may at any time
without notice to you discontinue
any or all aspects of the WebControl AND WebControl Studio Service
or restrict your use of the
WebControl AND WebControl Studio Service
in whole or in part for any breach
of this Agreement by you; or if
WebControl AND WebControl Studio
determines in its sole and exclusive
judgment that terminating your use
of the WebControl AND WebControl Studio Service is necessary for
security reasons or for proper continued
operation of the WebControl AND WebControl Studio Service; or
your use of the WebControl AND WebControl Studio Service,
WebControl AND WebControl Studio
Solution, or Technology is not for
legitimate business purposes, or your
use of the WebControl AND WebControl Studio Service violates any
laws or regulation; or if WebControl AND WebControl Studio receives
information that the WebControl AND WebControl Studio Service
or your use of the WebControl AND WebControl Studio Service (or
any part thereof) may violate any
third-party right.
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(ii)
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WebControl AND WebControl Studio may at any time, with thirty
(30) days notice to you, modify or
discontinue any or all aspects of
the WebControl AND WebControl Studio Service.
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(iii)
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WebControl AND WebControl Studio may at any time, with ten (10)
days notice to you, modify or discontinue
any or all aspects of the WebControl AND WebControl Studio Service
or any WebControl AND WebControl Studio Solution, if the credit
card number you provide WebControl AND WebControl Studio expires,
or if WebControl AND WebControl Studio is unable to charge valid
charges to that credit card number,
or if you otherwise fail to make payments
due to WebControl AND WebControl Studio hereunder.
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(iv)
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Upon termination of this Agreement,
all rights granted to you under this
Agreement shall terminate immediately.
If WebControl AND WebControl Studio terminates this Agreement
or suspends your access to the
WebControl AND WebControl Studio
Service, you will remain liable for
the full charge for the period during
which we terminate or suspend your
WebControl AND WebControl Studio Service. Following such termination
or suspension, you agree not to reregister
for or otherwise access the
WebControl AND WebControl Studio Services
without WebControl AND WebControl Studio's prior written approval.
WebControl AND WebControl Studio reserves the right to delete
any data files associated with your
use of the WebControl AND WebControl Studio Service upon termination
of this Agreement.
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(v)
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In the event that a charge back
occurs on your credit card which is
your responsibility (for example,
insufficient funds) then you agree
to cover the $25 US charge. If the
error is as a result of WebControl AND WebControl Studio’s mistake,
no charge back fee will apply.
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(c) Termination by You.
You may cancel your WebControl AND WebControl Studio Service at any
time. To cancel, you must submit a written
request at least five (5) business days
before the beginning of your next billing
period. If your notice to WebControl AND WebControl Studio is within
this five (5) business-day period before
the beginning of your next billing period,
you will be charged for the subsequent billing
period, and the cancellation will take effect
for the following billing period. Any cancellations
that occur after the monthly payment is
withdrawn from your credit card are non-refundable
and are not pro-rated.
Effects of Cancellation
If you cancel your WebControl AND WebControl Studio Service, then as
of the end of the applicable billing period,
you will no longer have access to any of
the tools and services included in the service,
therefore:
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(i)
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WebControl AND WebControl Studio will no longer
host your web site, and all of your
Information will be deleted
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(ii)
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you will no longer have access to
any site building services, communication
tools, or reports
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(iii)
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you will no longer have access to
your Web Mail, and any files, emails,
attachments, email addresses, and
any other information or content included
in your Web Mail account will be deleted
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(iv)
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you will have no rights to the graphics
or design WebControl AND WebControl Studio has provided once cancellation
is in effect (i.e.: design and graphics
are the sole property of WebControl AND WebControl Studio).
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WebControl AND WebControl Studio IS NOT RESPONSIBLE FOR THE DELETION
OF ANY FILE, ATTACHMENT, INFORMATION, CONTENT,
OR ANY OTHER CONSEQUENCE OF YOUR DECISION
TO CANCEL THIS SERVICE.
You agree to indemnify WebControl AND WebControl Studio and hold
WebControl AND WebControl Studio
harmless against any and all liabilities,
cost, and expenses, including reasonable
attorney's fees related to or arising from:
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(i)
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your use of the WebControl AND WebControl Studio
Service in a way that is prohibited
or restricted under this agreement
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(ii)
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infringement of any copyright, trademark,
intellectual property, or other right
or patent by any material you post
or use on your Member Site
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(iii)
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any breach by you of this Agreement;
and/or
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(iv)
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any indecent, obscene, or libellous
material posted on your Member Site.
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WebControl AND WebControl Studio does not routinely monitor the content
of Member Sites but will investigate complaints
of a violation of third-party rights. Violations
or infringement of a third-party copyright,
other intellectual property right, or other
right will be dealt with in accordance with
the WebControl AND WebControl Studio policy.
As between the parties, WebControl AND WebControl Studio acknowledges
that it claims no proprietary rights in
your Information or any intellectual property
right contained therein. As between the
parties, you acknowledge and agree that
WebControl AND WebControl Studio and its licensors own all right, title,
and interest in:
(a) the WebControl AND WebControl Studio Service or
any WebControl AND WebControl Studio Solution
(b) the Technology available
on the WebControl AND WebControl Studio Service or
WebControl AND WebControl Studio Solution
(c) and all content, including
but not limited to text, software, music,
sound, photographs, video, graphics, or
other material contained or maintained on
the WebControl AND WebControl Studio Service or
WebControl AND WebControl Studio Solution (collectively
"WebControl AND WebControl Studio Content"), excluding all Member Information.
In addition, you agree that the WebControl AND WebControl Studio Content
and Technology available on the WebControl AND WebControl Studio Service
or any WebControl AND WebControl Studio Solution is protected by Canadian,
U.S. and international copyrights, trademarks,
service marks, patents, or other proprietary
rights and laws; therefore, you are permitted
to use this WebControl AND WebControl Studio Content and Technology
only as expressly authorized by WebControl AND WebControl Studio. You
also understand and agree that the compilation,
collection, selection, arrangement, assembly,
and coordination of all WebControl AND WebControl Studio Content available
on the WebControl AND WebControl Studio Service or
WebControl AND WebControl Studio Solution is
the exclusive property of WebControl AND WebControl Studio and its licensors
and protected by U.S. and international
copyright laws. You agree that, except as
expressly authorized by WebControl AND WebControl Studio, all the
WebControl AND WebControl Studio
Content and Technology available on the
WebControl AND WebControl Studio Service or WebControl AND WebControl Studio Solution may be used
by you only for your internal business and
data-gathering purposes. You may not make,
use, sell, copy, reproduce, distribute,
transmit, or create derivative works from
this WebControl AND WebControl Studio Content or Technology without
expressly being authorized to do so by
WebControl AND WebControl Studio.
WebControl AND WebControl Studio (TM), what the web can be (TM),
WebControl AND WebControl Studio
solutions (TM) and other pending and/or
registered trademarks and service marks,
and other graphics, logos, and service names
used by WebControl AND WebControl Studio on the
WebControl AND WebControl Studio Service or WebControl AND WebControl Studio
Solutions to identify the products or services
of WebControl AND WebControl Studio (collectively the "WebControl AND WebControl Studio Trademarks")
are the trademarks of WebControl AND WebControl Studio. You agree not
to use the WebControl AND WebControl Studio Trademarks in connection
with your products or services or any third-party
products or services or in any manner that
disparages or discredits WebControl AND WebControl Studio. All other
brands and names (including third-party
product names) used on the WebControl AND WebControl Studio Service
are the property of their respective owners.
| 13.
Limitation on Liability |
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(a) YOU ARE SOLELY RESPONSIBLE
FOR THE PROPER CONDUCT OF YOUR BUSINESS
AND ALL OTHER MATTERS UNDER YOUR CONTROL.
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE
OF THE CAUSE OF ACTION, YOU AGREE THAT IN
NO EVENT WILL WebControl AND WebControl Studio, OUR AFFILIATES, CONTRACTORS,
SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR
LICENSORS, OR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING, OR DELIVERING THE
WebControl AND WebControl Studio
SERVICE, TECHNOLOGY, OR CONTENT AVAILABLE
ON THE WebControl AND WebControl Studio SERVICE ("WebControl AND WebControl Studio AFFILIATES"),
BE LIABLE TO YOU IN ANY MANNER WHATSOEVER:
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(I)
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FOR ANY DECISION MADE
OR ACTION OR NONACTION TAKEN BY YOU
IN RELIANCE UPON THE INFORMATION PROVIDED
THROUGH THE WebControl AND WebControl Studio SERVICE
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(II)
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FOR LOSS OR INACCURACY OF DATA OR
COST OF PROCUREMENT OF SUBSTITUTE
GOODS, SERVICES, OR TECHNOLOGY
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(III)
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FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO LOSS
OF REVENUES AND LOSS OF PROFITS, EVEN
IF WebControl AND WebControl Studio HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
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(b) THE AGGREGATE LIABILITY
OF WebControl AND WebControl Studio AND THE WebControl AND WebControl Studio AFFILIATES ARISING
FROM OR RELATING TO THIS AGREEMENT (REGARDLESS
OF THE FORM OF ACTION OR CLAIM) IS LIMITED
TO ANY AMOUNTS YOU HAVE PAID TO WebControl AND WebControl Studio DURING
THE TERM OF THIS AGREEMENT FOR ANY
WebControl AND WebControl Studio
SERVICE, WebControl AND WebControl Studio SOLUTION, OR TECHNOLOGY.
(c) SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY
SHALL BE LIMITED TO THE EXTENT PERMITTED
BY LAW.
(d) IN NO EVENT IS WebControl AND WebControl Studio
OR ANY WebControl AND WebControl Studio AFFILIATE LIABLE FOR ANY DAMAGES
ARISING FROM YOUR FAILURE TO PERFORM YOUR
RESPONSIBILITIES IN CONNECTION WITH THIS
AGREEMENT, OR ARISING FROM ANY CAUSE BEYOND
WebControl AND WebControl Studio'S CONTROL.
(e) THIS SECTION APPLIES
TO ALL CLAIMS BY YOU IRRESPECTIVE OF THE
CAUSE OF ACTION UNDERLYING YOUR CLAIM, INCLUDING
BUT NOT LIMITED TO BREACH OF CONTRACT (EVEN
IF IN THE NATURE OF A BREACH OF CONDITION
OR A FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH),
OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE,
STRICT LIABILITY, FRAUD, MISREPRESENTATION,
AND/OR OTHERWISE.
| 14.
Warranties/Disclaimers |
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Once you publish your site, you can expect
99 percent availability in any calendar
month, excluding scheduled maintenance or
outages beyond our control or other third-party
service provider outages. Your published
site is available when end users are able
to download your homepage from WebControl AND WebControl Studio.
If, for some reason beyond our control,
the WebControl AND WebControl Studio service in unavailable to you and
your customers for less than 80% of the
time (calendar month), WebControl AND WebControl Studio will provide
a refund for the affected month. You acknowledge
that in no way will WebControl AND WebControl Studio be held financially
responsible for any loss of business / service
as a result of downtime of your web site
or the improper functioning of it.
Once an WebControl AND WebControl Studio refund is given (for affected
calendar month), it will be applied to your
next billing cycle. If a credit is necessary,
you will receive the appropriate credit
within 6 to 8 weeks of the end of the month
in which the Performance Guarantee was breached.
In no event will WebControl AND WebControl Studio refund any portion
of the package service fee. Availability
shall be calculated solely by WebControl AND WebControl Studio. This
Performance Guarantee does not apply to
any technology offered to you in a "preview"
or "beta" mode.
The remedy stated above is your sole remedy
for any breach of the Performance Guarantee.
(a) THE OPINIONS AND VIEWS
EXPRESSED IN ANY MEMBER SITE DO NOT REFLECT
THOSE OF WebControl AND WebControl Studio, AND WebControl AND WebControl Studio DOES NOT REVIEW,
VERIFY, ENDORSE, OR OTHERWISE VOUCH FOR
THE CONTENT OR LEGITIMACY OF ANY MEMBER
SITES. WebControl AND WebControl Studio IS NOT RESPONSIBLE FOR THE CONTENT
OF ANY MEMBER PAGE. MEMBERS ARE SOLELY RESPONSIBLE
FOR EVERYTHING CONTAINED IN THEIR OWN MEMBER
SITE. MEMBERS MAY BE HELD LEGALLY LIABLE
FOR THE CONTENTS OF THEIR MEMBER SITE AND
MAY BE HELD LEGALLY ACCOUNTABLE IF THEIR
MEMBER SITE INCLUDES, FOR EXAMPLE, ANY DEFAMATORY
COMMENTS OR MATERIAL PROTECTED BY COPYRIGHT,
TRADEMARK, PATENT, OR TRADE SECRET OR OTHER
LAWS WITHOUT THE EXPRESS PERMISSION OF THE
AUTHOR OR OWNER.
(b) WebControl AND WebControl Studio IS NOT RESPONSIBLE
FOR THE DELIVERY OR QUALITY OF ANY GOODS
OR SERVICES SOLD OR ADVERTISED THROUGH THE
WebControl AND WebControl Studio NETWORK OR THROUGH ANY
WebControl AND WebControl Studio AFFILIATE
PROGRAM OR THROUGH THE MEMBER SITES.
(c) EXCEPT FOR 14(a),
ALL WebControl AND WebControl Studio SERVICE, CONTENT, AND TECHNOLOGY
PROVIDED IN ASSOCIATION WITH THE
WebControl AND WebControl Studio SERVICE
ARE PROVIDED "AS IS" WITHOUT WARRANTIES
OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY
SET FORTH HEREIN, NEITHER WebControl AND WebControl Studio NOR
WebControl AND WebControl Studio'S
LICENSORS MAKE ANY WARRANTIES OR REPRESENTATIONS
OF ANY KIND WITH RESPECT TO THE WebControl AND WebControl Studio SERVICE,
CONTENT, TECHNOLOGY, OR PRODUCTS THAT
WebControl AND WebControl Studio
OR ITS LICENSORS OR ANY OTHER THIRD PARTY
PROVIDES, AND WebControl AND WebControl Studio AND ITS LICENSORS EXPRESSLY
DISCLAIM ALL IMPLIED AND EXPRESS WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT WITH RESPECT
TO THE SAME. WITHOUT LIMITING THE FOREGOING,
NO WARRANTY IS GIVEN THAT THE WebControl AND WebControl Studio SERVICE
OR TECHNOLOGY IS ERROR-FREE. WebControl AND WebControl Studio AND ITS
LICENSORS DISCLAIM ANY WARRANTY OF TITLE
OR ANY OTHER WARRANTIES FOR ANY THIRD PARTY'S
OFFERING(S) OR PRODUCT(S).
(d) WebControl AND WebControl Studio DOES NOT GUARANTEE
THAT ITS SECURITY PROCEDURES WILL PREVENT
THE LOSS OF, ALTERATION OF, OR IMPROPER
ACCESS TO YOUR INFORMATION. WebControl AND WebControl Studio AND ITS
LICENSORS ARE NOT RESPONSIBLE FOR INVALID
DESTINATIONS AND TRANSMISSION ERRORS IN,
CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION
CARRIED OVER INTEREXCHANGE CARRIERS', LOCAL
EXCHANGE CARRIERS', OR OTHER PROVIDERS'
FACILITIES.
(e) THE DOCUMENTS AND
GRAPHICS APPEARING ON THE WebControl AND WebControl Studio SERVICE MAY
INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL
ERRORS, AND OUT-OF-DATE INFORMATION; THEREFORE
YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE
OF THE WebControl AND WebControl Studio SERVICE,
WebControl AND WebControl Studio SOLUTION, OR TECHNOLOGY.
(f) WebControl AND WebControl Studio MAY PROVIDE LINKS
TO OTHER WEB SITES OR RESOURCES. YOU ACKNOWLEDGE
AND AGREE THAT WebControl AND WebControl Studio IS NOT RESPONSIBLE FOR
THE AVAILABILITY OF SUCH EXTERNAL SITES
OR RESOURCES, AND DOES NOT ENDORSE AND IS
NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT,
ADVERTISING, PRODUCTS, OR OTHER MATERIALS
ON OR AVAILABLE FROM SUCH SITES OR RESOURCES.
YOU ALSO AGREE THAT WebControl AND WebControl Studio SHALL NOT BE RESPONSIBLE
OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY
DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED
BY OR IN CONNECTION WITH USE OF OR RELIANCE
ON ANY SUCH CONTENT, GOODS, OR SERVICES
AVAILABLE ON SUCH EXTERNAL THIRD-PARTY SITES.
(g) WebControl AND WebControl Studio makes no warranty,
pledge or guarantee as to the effect of
Search Engine Marketing or Positioning on
your business results.
(a) This Agreement shall
be governed by and construed in accordance
with Canadian federal laws, Ontario Provincial
laws and U.S. federal laws, excluding its
conflict-of-law provisions. The application
of the United Nations Convention on Contracts
for the International Sale of Goods is expressly
excluded. Any law or regulation that provides
that the language of a contract shall be
construed against the drafter shall not
apply to this Agreement. You agree to submit
to the exclusive jurisdiction of the federal
and provincial courts of the province of
Ontario, which are located in Toronto, ON.
If local laws prohibit your participation
in any part of the WebControl AND WebControl Studio Service, or use
of them, then you are responsible for complying
with such laws and the terms of this Agreement.
(b) Any and all disputes
between you and WebControl AND WebControl Studio will be settled by
arbitration in Toronto, ON, in accordance
with the provincial regulations then in
force, and you agree that all negotiations,
discussions, and settlements shall be subject
to obligations of confidentiality and shall
not be disclosed to any third party.
(c) If any provision(s)
of this Agreement is held to be contrary
to law, then such provision(s) shall be
construed, as nearly as possible, to reflect
the intentions of the parties with the other
provisions remaining in full force and effect.
(d) All notices to you
shall be in writing and shall be made either
via email or conventional mail, or by posting
such notices on the WebControl AND WebControl Studio Service.
WebControl AND WebControl Studio may
broadcast notices or messages through the
WebControl AND WebControl Studio Service to inform you of changes to
this Agreement, the WebControl AND WebControl Studio Service, or other
matters of importance; such broadcasts shall
constitute notice to you.
(e) WebControl AND WebControl Studio's failure to
exercise or enforce any right or provision
of this Agreement shall not constitute a
waiver of such right or provision unless
acknowledged and agreed to by WebControl AND WebControl Studio in writing.
(f) Except in the event
that you purchase any WebControl AND WebControl Studio Solution, this
Agreement comprises the entire agreement
between you and WebControl AND WebControl Studio and supersedes all
prior agreements between the parties regarding
the subject matter contained herein. Should
you choose to purchase any WebControl AND WebControl Studio Solution,
you will be bound by all terms and conditions
relating to the provision of such
WebControl AND WebControl Studio Solution.
(g) Your membership in
the WebControl AND WebControl Studio Service and any of your rights
hereunder may not be assigned or transferred
to any third party. WebControl AND WebControl Studio reserves the right
to assign this agreement to any third party
that acquires all or substantially all of
its relevant business or assets.
(h) The section titles
in this Agreement are solely used for the
convenience of the parties and have no legal
or contractual significance.
(i) You represent
and warrant that you are over the age of
18 years, have read this Agreement, and
agree to be bound by its terms and conditions.
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