Terms of Service Agreement:
SEATTLE SHOPPING GUIDE, SEATTLESHOPPINGGUIDE.COM WEB SERVICE, DESIGN, DEVELOPMENT, WEB HOSTING AGREEMENT SERVICES TERMS This agreement is made and entered between SeattleShoppingguide.com and parent company USA Internet Inc. and user and customer, who wishes to use services of SeattleShoppingguide.com. By using the Service, you agree to be legally bound to and abide by the Terms of this Service. This Service Agreement ("Agreement") applies to the purchase of all services, packages, options, technical services (collectively, the "Services") ordered by you on the SeattleShoppingguide, SeattleShoppingguide.com Sign Up Page(s) or which you may order at any time and from time to time. SeattleShoppingGuide, SeattleShoppingguide.com is owned and operated by, USA Internet Inc. reserves the right to amend its Service Agreement and to add, delete, suspend or modify the terms and conditions of the Services, at any time. INTELLECTUAL PROPERTY AND COPYRIGHT NOTICES. All site design, All content on the SeattleShoppingguide.com Site, unless specifically noted, is: Copyright 2002, USA Internet Inc. All rights reserved. SeattleShoppingguide and the SeattleShoppingguide.com logos are servicemarks of USA Internet Inc. Other trademarks, servicemarks and logos are the property of their respective owners. You are not permitted to use any trademarks, servicemarks or logos without the prior written consent of USA Internet Inc. Among the trademarks and service marks owned by USA Internet Inc. include (but are not limited to) the following: USA Internet Inc., Seattle Shopping Guide and the SeattleShoppingguide.com and their respective logos. The "look" and "feel" of all Company owned and operated sites are trademarked USA Internet Inc. The SeattleShoppingGuide.com Site is protected by copyright, trademark and other intellectual and industrial property laws and international treaties and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the SeattleShoppingguide.com Site may be copied or retransmitted unless expressly permitted pursuant to this Agreement. LINKS You may freely link to our website. You may create a hyperlink to SeattleShoppingguide.com, but you may not imply or state any sponsorship of your website by SeattleShoppingguide.com or our affiliates. DISCLAIMER AND WARRANTIES Disclaimer of warranty and limitation of liability: you agree that use of the service is entirely at your own risk. The service is provided "as is," without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with the service, specifically, seattleshoppingguide.com and USA internet Inc disclaims any and all warranties, including without limitation: any warranties concerning the availability, accuracy or content of information, products or services; and any warranties of title or warranties of merchantability or fitness for a particular purpose. THIS SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SEATTLESHOPPINGGUIDE.COM AND USA INTERNET INC. DOES NOT WARRANT THAT THIS SITE AND ITS CONTENTS ARE COMPLETE OR ERROR FREE OR THAT THE SERVER THAT MAKES IT AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT SEATTLESHOPPINGGUIDE.COM AND USA INTERNET INC., NOR ANY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES, PARTNERS, AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. INDEMNIFICATION You agree to defend, indemnify and hold harmless SeattleShoppingguide.com and USA Internet Inc. and its employees, officers, directors and agents, partners, agents, affiliates or content providers (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to the use of the Services by you or your agents, including but not limited to any violation of the SeattleShoppingguide.com and USA Internet Inc. policies. SeattleShoppingguide.com and USA Internet Inc. Are not responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information provided on this Site or from the use of, or the inability to use this Site LIMITATION OF LIABILITY In no event shall seattleshoppingguide.com and USA Internet Inc. Or its officers, directors, employees, affiliates, agents, suppliers, third-party information providers, merchants, licensors or the like be liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data or use, by you or any third party, whether in an action in contract, agreement or tort or strict liability or other legal theory, even if seattleshoppingguide.com and USA internet inc. Has been advised of the possibility of such damages. In no event will seattleshoppingguide.com and USA internet inc. 'S be liable for any damages, losses and causes of actions whether in contract or tort including negligence or otherwise. RENEWALS For monthly, quarterly or annual services, this Agreement is automatically renewable monthly, quarterly or annually, respectively, unless either party requests termination or a change in service level at least 2 weeks prior to the commencement of the next period. MODIFICATION OF TERMS SeattleShoppingguide.com and USA Internet Inc. may modify this Agreement at any time by simply updating this posting and without notice to you. SeattleShoppingguide.com and USA Internet Inc. reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. WEB HOSTING, WEB DESIGN AND WEB DEVELOPMENT SERVICES THIS AGREEMENT is made and entered SeattleShoppingguide.com and USA Internet Inc., located at 1411 4th Ave. St. Suite 1301, Seattle, WA 98101 hereinafter referred to as SeattleShoppingguide.com and USA Internet Inc. and the Customer, who wishes to use the services of SeattleShoppingguide.com and USA Internet Inc. in accordance with SeattleShoppingguide.com and USA Internet Inc.'s standard application, NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows: This agreement will constitute a binding contract between SeattleShoppingguide.com and parent company USA Internet Inc. and the customer. SeattleShoppingguide.com provides web hosting, design and development services via our server computers or those of our designated third party, which shall send and receive information via the World Wide Web. Customer wishes to establish Internet web presence via our hosting resources. Conditions: The application and this Agreement constitute a binding contract between SeattleShoppingguide.com and USA Internet Inc. and the Customer and do not extend to any other person or entity. Customer may not sell or resell to third parties. In the event that SeattleShoppingguide.com and USA Internet Inc. obtains a domain name on and pays the registration fees for said domain on the Customer's behalf, the domain name shall be the property of the Customer. If Customer decides to terminate service with SeattleShoppingguide.com and USA Internet Inc. at any time said domain name shall be transferred within a 60 day period pending a paid registration status. WARRANTIES: With respect to the service to be provided herein, the Customer acknowledges that SeattleShoppingguide.com and USA Internet Inc. makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that SeattleShoppingguide.com and USA Internet Inc. shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data as the result of (but not limited to) delays, non-deliveries, or service interruptions. No oral advice or written information given by SeattleShoppingguide.com and USA Internet Inc., its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. 4. INFORMATION: The utilization of any data or information received by the Customer from the utilization of the service to be provided by SeattleShoppingguide.com and USA Internet Inc. is at the Customer's sole and absolute risk. SeattleShoppingguide.com and USA Internet Inc. specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby. 5. DOMAIN NAME: If SeattleShoppingguide.com and USA Internet Inc. shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against SeattleShoppingguide.com and USA Internet Inc., for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by SeattleShoppingguide.com and USA Internet Inc. for any reason. PAYMENT: The first payment are due at the time the application is filled out, and returned to SeattleShoppingguide.com and USA Internet Inc. Subsequent payments are due according to the selected fee schedule following the establishment of the web space on the Internet. Web space will be billed a minimum of one (1) month in advance depending on the selected fee schedule. Subsequent payments are due on the 5th day of each month as per the selected fee schedule. In the event that the Customer fails to pay for such services in advance, SeattleShoppingguide.com and USA Internet Inc. shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made. All cancellations must be sent in writing via e-mail or certified mail at least 30 days prior to the anniversary of your account. UNILATERAL SERVICE REVOCATION: In the event that SeattleShoppingguide.com and USA Internet Inc. may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, SeattleShoppingguide.com and USA Internet Inc. may immediately discontinue such service to the Customer without liability. SeattleShoppingguide.com and USA Internet Inc. has the right to immediately terminate all services, without any due refunds for any reason at any time or reject any offer of hosting for any reason, at any time and without prior notice. SeattleShoppingguide.com and USA Internet Inc. has the right to immediately terminate all services, without any due refunds, and collect any damages caused as a result of any violations, as indicated in this Agreement including but not limited to the following: 1). Transmitting directly or indirectly any single or mass quantity of unsolicited electronic mail (email) through SeattleShoppingguide.com and USA Internet Inc. or any network or references Subscriber's account. 2). Transmitting any electronic mail (email) or data which is deceptive or misleading, illegal, or misrepresents products or services for sale, through SeattleShoppingguide.com and USA Internet Inc. or any network or references Subscriber's account. 3). Transmitting any electronic mail (email) which contains forged source or "From" identification in any header(s) whatsoever through SeattleShoppingguide.com and USA Internet Inc. or any network or references Subscriber's account. 4). Accessing or transmitting any electronic mail (email) through any SMTP port (email server) of SeattleShoppingguide.com and USA Internet Inc. or any network for which Subscriber is not authorized to have direct or indirect access. Exceeding number of email accounts of your selected package. WEB DESIGN AND DEVELOPMENT SeattleShoppingguide.com and USA Internet Inc. may at its own discretion utilize the services of a third party or subcontractor or other entity in the creation of part or all of it's web design and/or development of websites for it's customer. In any event all web design(s), web design layouts, web design "look" and "feel" of the web design elements, web design or development shall remain the property of SeattleShoppingguide.com and USA Internet Inc. and my not be copied in full or in part. and may not be sold or resold or distributed. All design layout(s) remain the property of SeattleShoppingguide.com and USA Internet Inc. Further customer agrees and understands that all web designs, layouts, design elements of websites it creates for customer are the property and copyright of SeattleShoppingguide.com and USA Internet Inc.or it's agents. Customer agrees and understands that web designs are not exclusive to the customer and that the same or similar website design(s) in part or in full may be used for other customers, companies, or web development projects at our sole discretion SeattleShoppingguide.com and USA Internet Inc. retains the right to include on each website project a text or logo hyperlink on the front page back to SeattleShoppingguide.com and USA Internet Inc., which may include the words: "website creation by USA Internet Inc". ( or SeattleShoppingguide.com/ or it's agent) ILLEGAL USE. The SeattleShoppingguide.com and USA Internet Inc. Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. SYSTEM AND NETWORK SECURITY. Violations of system or network security are prohibited, and may result in criminal and civil liability. SeattleShoppingguide.com and USA Internet Inc. will investigate incidents involving such violations and may involve and cooperate with law enforcement authorities if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks. INTERACTION WITH SeattleShoppingguide.com and USA Internet Inc. STAFF. Any harassment or vulgar language to any staff member of SeattleShoppingguide.com and USA Internet Inc. through phone or email will result in immediate termination of account without refund. INDEMNIFICATION: In addition to the foregoing indemnification, The Customer shall indemnify and hold harmless SeattleShoppingguide.com and USA Internet Inc. from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against SeattleShoppingguide.com and USA Internet Inc. on the grounds that the web space content violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto. SeattleShoppingguide.com and USA Internet Inc. Does Not Host Adult Oriented Sites SeattleShoppingguide.com and USA Internet Inc.'s Server Does Not Allow Sending of Unsolicited Email (SPAM) First offense will result in immediate termination of account. If this occurs the unused portion of your account will not be refunded. SeattleShoppingguide.com and USA Internet Inc. reserves the right to cancel your service with NO refunds should either of the above occur. TERMINATION Any unauthorized access, use, copying, disclosure, distribution, or sublicensing by you or with your aid or consent of the Service or Content or any related methods, techniques, algorithms, or processes will be deemed a material breach of this Agreement. SeattleShoppingguide.com and USA Internet Inc. in its sole discretion may terminate your, account or use of the Service. You agree that you will not transmit on the Service any harmful, abusive, harassing, defamatory, threatening, vulgar, obscene, profane, hateful, adult oriented or other offensive material of any kind. You agree not to use the service to violate any tariff, regulation, treaty, or law (including, without limitation, copyright, privacy, criminal and international law). You agree to comply with any operating rules and terms provided or made available to you from time to time by SeattleShoppingguide.com and USA Internet Inc. SeattleShoppingguide.com and USA Internet Inc. retains the right at any time to refuse or discontinue service of any current or prospective client at it sole discretion. FORCE MAJEURE SeattleShoppingguide.com and USA Internet Inc. shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability or interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies, or power used in or Software needed for provision of the Services. GOVERNING LAW/JURISDICTION The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of Washington without regard to its conflict of laws principles. You agree that any and all claims, damages, losses, liabilities, suits, actions, demands, or proceedings (whether legal or administrative) touching, concerning, or arising under, with respect to, or out of this Service Agreement in any manner, or concerning any transaction or dispute arising under or out of the performance of this Service Agreement to which SeattleShoppingguide.com and USA Internet Inc. will be a party, must and shall be filed or brought and determined in a forum in the State of Washington having jurisdiction of the subject matter.
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