|
Welcome to TotSites.com, (further referred to as
"TotSites"). By registering to be a member of TotSites
and to use any TotSites Service, you are agreeing to the following
Terms and Conditions. These Terms and Conditions may be amended
from time to time without any notice to yourself. You can view the
most current version of the Terms and Conditions at any time by
visiting: http://www.totsites.com/toc.php Please review these Terms
and Conditions from time to time so you will be apprised of any
changes.
Because the Terms and Conditions contain legal obligations,
please read them carefully. Failure to comply will result in account
termination and will subject you to further legal liability.
Description of the Products and Services.
TotSites entitles users to access to a variety of on-line resources,
including personal web page hosting services and interactive on-line
services (the "Products and Services"). Some of the Products
and Services are supported by advertising, enabling TotSites to
provide them to you at no cost. When you use these free services,
you agree to allow TotSites to display advertising, including third
party advertising, through the Products and Services. TotSites reserves
the right to modify the Products and Services from time to time,
for any reason, and without notice, including the right to terminate
the Products and Services or to change the nature, style, or form
of advertisements displayed through the Products and Services. Unless
explicitly stated otherwise, any new Products and Services, including
changes, updates and new versions of the Products and Services,
shall be subject to the Terms and Conditions.
Acceptance.
By using the Products and Services, you agree, without limitation
or qualification, to be bound by, and to comply with, these Terms
and Conditions as they may be amended from time to time, together
with any other posted guidelines or rules applicable to any specific
Product or Service.
Your Registration Obligations.
Certain of the Products and Services will require the user to register
and provide certain data. In consideration of use of the Products
and Services, you agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the relevant
registration form (the "Registration Data") and (b) maintain
and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or TotSites has reasonable
grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, TotSites has the right to suspend or
terminate your account and refuse any and all current or future
use of the Products and Services (or any portion thereof).
Responsibility For Minors.
In cases where you have authorized a minor to use the Products and
Services, you recognize that you are fully responsible for: (i)
the online conduct of such minor; (ii) controlling the minor's access
to and use of the Products and Services; and (iii) the consequences
of any misuse by the minor.
Responsibility for Username and Password.
Upon registering, you will receive a password and username. You
are responsible for maintaining the confidentiality of the password
and username, and are fully responsible for all activities that
occur under your password or username. You agree to (a) immediately
notify TotSites of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. TotSites cannot and will
not be liable for any loss or damage arising from your failure to
comply with this requirement.
Responsibility for Content.
You acknowledge and agree that all information, code, data, text,
software, music, sound, photographs, pictures, graphics, messages,
files, or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of
the person from which such Content originated. This means that you,
and not TotSites, are entirely responsible for all Content that
you upload, post, email or otherwise transmit via the Products and
Services. TotSites does not control user or third party Content
posted via the Products and Services, and, as such, does not guarantee
the accuracy, integrity or quality of such user or third party Content.
Under no circumstances will TotSites be liable in any way for any
user or third party Content, including, but not limited to, for
any errors or omissions in any such Content, or for any loss or
damage of any kind incurred as a result of the use of any such Content
posted, emailed or otherwise transmitted via the Products and Services.
TotSites does not, as a general practice, pre-screen user or third
party Content posted on the Products and Services, although TotSites
reserves the right to do so.
Disclaimer of Warranty.
TotSites disclaims all warranties or representations, express or
implied, oral or written, including, without limitation, warranties
of merchantability, fitness for a particular purpose, title or non-infringement.
TotSites . does not warrant that its services are error-free or
that they will operate without interruption nor does TotSites .
make any warranty with respect to the quality, reliability, timeliness
or security of the Products and Services (including the existence
or non-existence of any viruses or other destructive elements within
the Products and Services). TotSites makes no guarantee as to the
availability of Products and Services and is not responsible for
any loss of information resulting from deletion of Products and
Services, network or system outages, file corruption, or any other
reasons.
Service Limitations.
The Products and Services may only be used for the intended purpose
for which such Products and Services are being made available. You
may not use the Products and Services to:
(a) Upload, post or otherwise transmit any Content
that is, or that promotes behavior that is, unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
(b) Upload, post, email, otherwise transmit, or post
links to any Content that exploits the images of children under
18 years of age, or that discloses personally identifying information
belonging to children under 18 years of age;
(c) Harm minors in any way;
(d) Associate TotSites and any Products and Services
with any adult material of any sort. This includes, but is not limited
to, such things as nudity, any site, page, image or service requiring
any adult verification service, anything that users to be 18 or
older to view or join or access, and any text, image or likeness
suggesting sexual and/or inappropriate and/or illegal acts of any
sort. Without limiting the foregoing, you may not use the Products
and Services to store, use, contain or display pornography, adult
novelties, adult toys, XXX material, escort services, Gorean, bondage,
BDSM, bigotry, racism, hatred, profanity, or any material which
may be insulting to another person(s) or entity;
(e) Impersonate any person or entity, including, but
not limited to, a TotSites official, forum leader, guide or host,
or falsely state or otherwise misrepresent your affiliation with
a person or entity;
(f) Sell, distribute, or make any commercial use of
data obtained from any Products and Services or make any other use
of such data in a manner which could be expected to offend the person
for whom the data is relevant;
(g) Create and maintain a TotSites web page that (i)
redirects to another web page or (ii) stores or hosts content for
remote loading by other web pages;
(h) Use the Products and Services to hyperlink to
content not permitted on the TotSites Network;
(i) Interfere with or disrupt the Products and Services
or servers or networks connected to the Products and Services, or
disobey any requirements, procedures, policies or regulations of
networks connected to the Products and Services;
(j) Upload, post, email, otherwise transmit, or post
links to any material that is false, misleading, or designed to
manipulate any equity, security, or other market;
(k) Upload, post, or otherwise transmit any Content
that you do not have a right to transmit under any law or under
contractual or fiduciary relationships;
(l) Upload, post, email, otherwise transmit, or post
links to any Content that infringes any patent, trademark, service
mark, trade secret, copyright or other proprietary rights ("Rights")
of any party, or contributing to inducing or facilitating such infringement.
This prohibition shall include, without limitation, the following
forms of software piracy:
Making available copyrighted software or other Content
that has had the copyright protection removed.
Making available serial numbers for software that can be used to
illegally validate or register software.
Making available tools that can be used for no purpose other than
for "cracking" software or other copyrighted Content.
Making available any software files for which the user does not
own the copyright or have the legal right to make available;
(m) Upload, post, email, otherwise transmit, or post links to any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation.
(n) Upload, post or otherwise transmit or provide
links to any material 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;
(o) Collect or store personal data about other users;
(p) Promote or provide instructional information about
illegal activities, promote physical harm or injury against any
group or individual, or promote any act of cruelty to animals;
Account Termination.
Use of the Products and Services is subject to compliance with these
Terms and Conditions. You acknowledge and agree that TotSites may
terminate your account and your access to any of the Products and
Services, and may remove and discard any Content, without prior
notice, should you fail to comply with the Terms and Conditions
or any other guidelines and rules published by TotSites. Any such
termination shall be in TotSites's sole discretion and may occur
without any notice. TotSites further reserves the right to terminate
any user's account or access to the Products and Services for any
conduct that TotSites, in its sole discretion, believes is or may
be directly or indirectly harmful to other users, to TotSites or
its subsidiaries, affiliates, or business contractors, or to other
third parties, or for any conduct that violates any local, state,
federal, or foreign laws or regulations. TotSites further reserves
the right to terminate any user's account if there is no evident
activity for a period of 90 days. TotSites further reserves the
right to terminate any user's account and access to the Products
and Services, and to remove and discard any Content, for any reason
or for no reason at all, in TotSites's sole discretion, without
prior notice, or any notice.
In the event TotSites terminates a user's account
for violating the Terms and Conditions, or for inactivity, and that
user is a paid member of TotSites, that user's payment is not refundable.
All mailings sent to you by TotSites.com are opt-in
emails activated and authorized by you either through subscription
or as a mandatory component of your membership in TotSites. All
subscribed mailing lists have a link at the bottom to allow you
to unsubscribe from that mailing list if you wish. Other mailings
are mandatory and are conditional of your membership with TotSites.com.
If you report any of these mailings or service notification emails,
(which you have the control to turn off yourself), as Unsolicited
Commercial Email, or SPAM, we reserve the right to terminate your
TotSites account.
Limitation of Warranty.
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO
WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED
BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TOTSITES DISCLAIMS
ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE
OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY
LAW, TOTSITES DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED
THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL
AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND
SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES.
TOTSITES SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY
LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH
THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOTSITES DISCLAIMS
ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT,
COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY
OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. TOTSITES
DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE,
MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL.
TOTSITES DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM
RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL
THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION,
FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE
FEATURES. TOTSITES MAKES NO WARRANTY REGARDING THE RELIABILITY OR
ACCESSIBILITY OF ANY PRODUCTS AND SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of
implied warranties. In such jurisdictions, the foregoing disclaimers
may not apply to you insofar as they relate to implied warranties.
Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL
TOTSITES OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT
USER'S USE OR MISUSE OF THE PRODUCTS AND SERVICES OR RELIANCE ON
THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY
TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF TOTSITES OR ITS
LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES,
FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES AND THE
DELETION OF CONTENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY
LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON
OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE
PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN
THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT
LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT
TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES
OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED
OR RELATED IN ANY WAY TO the PRODUCTS AND SERVICES OR TO TOTSITES.
SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY
DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE,
FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT.
WITH RESPECT TO PAID TOTSITES MEMBERS, TOTSITES'S ENTIRE LIABILITY,
IF ANY, SHALL NOT EXCEED THE AMOUNT OF THE PAID MEMBER'S MOST RECENT
FEE PAYMENT. UNDER NO CIRCUMSTANCES SHALL TOTSITES OR ITS LICENSORS
BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING
DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND
ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET
FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT
FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES,
LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES
OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF
GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS
OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS
IN HEAT, LIGHT, OR AIR CONDITIONING.
UNDER NO CIRCUMSTANCES WILL TOTSITES BE RESPONSIBLE FOR ANY CHARGES
(INCLUDING NSF CHARGES) YOU INCUR AS A RESULT OF ERRONEOUS CHARGES,
AGAINST YOUR CREDIT CARD OR PAYPAL ACCOUNT, OR AS A RESULT OF YOUR
FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY
FASHION.
In some jurisdictions, limitations of liability are
not permitted. In such jurisdictions, the foregoing limitation may
not apply to you.
Indemnification.
By using the Products and Services you agree to indemnify TotSites
and its officers, employees, and licensors and hold them harmless
from any and all claims and expenses, including attorney's fees,
arising from your use of the Products and Services, or from any
person's use of any account or password you maintain with any of
the Products and Services, regardless of whether such use is authorized
by you. By using the Products and Services, you are hereby agreeing
to release TotSites and its officers, employees, and licensors from
any and all claims, demands, debts, obligations, damages (actual
or consequential), costs, and expenses of any kind or nature whatsoever,
whether known or unknown, suspected or unsuspected, disclosed or
undisclosed, that you may have against them arising out of or in
any way related to such disputes and/or to the Products and Services.
YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF
SUCH RELEASES.
Refund Policies
Professional Tools package payments are fully refundable
up to 7 days from the date of purchase. Notify us in writing, and
include a copy of your purchase receipt, within 7 days of the date
of purchase and we will provide a full refund of your payment, if
applicable.
Partial refunds may result in an administration fee.
UNDER NO CIRCUMSTANCES WILL TOTSITES BE RESPONSIBLE
FOR ANY CHARGES (INCLUDING NSF CHARGES) YOU INCUR AS A RESULT OF
ERRONEOUS CHARGES, AGAINST YOUR CREDIT CARD OR PAYPAL ACCOUNT, OR
AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC
PAYMENTS IN A TIMELY FASHION.
Last Updated 5/1/2005 |
