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Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to Everwonder.com. Everwonder.com provides the service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from time to time
without notice to you; provided that, we will not alter Section 7 without prior notice to
and acceptance by you. Please note that other Everwonder.com services, outside of
Everwonder.com, are governed by a different Terms of Service.
2. DESCRIPTION OF SERVICE
Everwonder.com currently provides users with access to a rich collection of on-line
resources, including personal web page hosting services. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service, including the
release of new Everwonder.com resources, shall be subject to the TOS. In order to use the
Service, you must obtain access to the World Wide Web, either directly or through devices
that access web-based content, and pay any service fees associated with such access. In
addition, you must provide all equipment necessary to make such connection to the World
Wide Web, including a computer and modem or other access device. Please be aware that
Everwonder.com has created certain areas on the Service that contain adult or mature
content. You must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the Service's sign up form (such
information being the "Sign Up Data") and (b) maintain and promptly update the
Sign Up Data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or Everwonder.com has
reasonable grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, Everwonder.com has the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion thereof).
4. PRIVACY POLICY
Pursuant to our privacy policy, we may disclose to third parties certain aggregate
information contained in your Sign Up Data or related data, provided that, such
information will NOT include personally identifying information, except as specifically
authorized by you or in the good faith belief that such action is reasonably necessary to
comply with the law, legal process, to enforce the TOS, or under any of the other
circumstances set forth in our privacy policy, as may be amended from time to time.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages 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 Everwonder.com, are entirely responsible
for all Content that you upload, post or otherwise transmit via the Service.
Everwonder.com does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You understand that by using
the Service, you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Service to:
(a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Everwonder.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
(e) 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 (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose;
(h) upload, post or otherwise transmit 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;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(k) intentionally or unintentionally violate 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;
(l) "stalk" or otherwise harass another;
(m) collect or store personal data about other users;
(n) 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. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
(o) use your home page as storage for remote loading or as a door or signpost to another home page, whether inside or beyond Everwonder.com;
(p) have multiple Everwonder.com addresses that are within the same Everwonder.com theme; or
(q) engage in commercial activities without enrolling in Everwonder.com-approved affiliate programs. This includes, but is not limited to, the following activities:
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical data exported from the United
States or the country in which you reside.
8. INDEMNITY
You agree to indemnify and hold Everwonder.com, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or arising
out of your Content, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the
Service, use of the Service, or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Everwonder.com may establish general practices and limits concerning
use of the Service. Currently, each Everwonder.com address allows particular individuals
to have 10MB of disk space for his or her files.
11. MODIFICATIONS TO SERVICE
Everwonder.com reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that Everwonder.com shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the Service.
12. TERMINATION
You agree that Everwonder.com, in its sole discretion, may terminate your password, Site,
use of the Service or use of any other Everwonder.com service, and remove and discard any
Content within the Service, for any reason, including, without limitation, for lack of use
or if Everwonder.com believes that you have violated or acted inconsistently with the
letter or spirit of the TOS. Everwonder.com may also in its sole discretion and at any
time discontinue providing the Service, or any part thereof, with or without notice. You
agree that any termination of your access to the Service under any provision of this TOS
may be effected without prior notice, and acknowledge and agree that Everwonder.com may
immediately deactivate or delete your Site and all related information and files in your
Site and/or bar any further access to such files or the Service. Further, you agree that
Everwonder.com shall not be liable to you or any third-party for any termination of your
access to the Service.
13. ADVERTISEMENTS AND PROMOTIONS
Everwonder.com runs advertisements and promotions on our sites. By creating your Site, you
agree that Everwonder.com has the right to run such advertisements and promotions. The
manner, mode and extent of advertising by Everwonder.com on your Site is subject to
change. Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree that
Everwonder.com shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the presence of such
advertisers on the Service.
14. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites
or resources. Because Everwonder.com has no control over such sites and resources, you
acknowledge and agree that Everwonder.com 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 further acknowledge and agree that Everwonder.com 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 or through any such site or resource.
15. EVERWONDER.COM PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information
that is protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except as
expressly authorized by Everwonder.com or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the Service or the
Software, in whole or in part.
Everwonder.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Everwonder.com for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. EVERWONDER.COM EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
(b) EVERWONDER.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
EVERWONDER.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EVERWONDER.COM SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF EVERWONDER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts
or other information from the Service concerning companies, stock quotes, investments or
securities, please read the above Sections 16 and 17 again. They go doubly for you. In
addition, for this type of information particularly, the phrase "Let the investor
beware" is apt. The Service is provided for informational purposes only, and no
Content included in the Service is intended for trading or investing purposes.
Everwonder.com shall not be responsible or liable for the accuracy, usefulness or
availability of any information transmitted via the Service, and shall not be responsible
or liable for any trading or investment decisions made based on such information.
20. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide
notices of changes to the TOS or other matters by displaying notices or links to notices
to you generally on the Service.
21. COPYRIGHTS
Everwonder.com respects the intellectual property rights of others and we ask our users to
do the same. Please see our copyright policy.
22. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Everwonder.com and govern your use
of the Service, superceding any prior agreements between you and Everwonder.com
(including, but not limited to, any prior versions of the TOS). You also may be subject to
additional terms and conditions that may apply when you use affiliate or other
Everwonder.com services, third-party content or third-party software. The TOS and the
relationship between you and Everwonder.com shall be governed by the laws of the State of
Ohio without regard to its conflict of law provisions. You and Everwonder.com agree to
submit to the personal and exclusive jurisdiction of the courts located within the county
of Cincinnati, Ohio. The failure of Everwonder.com to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or provision. If any
provision of the TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the TOS remain in
full force and effect. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Service or the TOS
must be filed within one (1) year after such claim or cause of action arose or be forever
barred. The section titles in the TOS are for convenience only and have no legal or
contractual effect. All websites we setup are leased. If you wish for any reason
to cancel your website and not pay your monthly payment, we have the right to
terminate your website.
23. VIOLATIONS
Please report any violations of the TOS to [email protected].
General Dislaimer - Copyrights - Terms of Service
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