Terms of Service
BizLocal.com Terms of Service
BizLocal.com ("We", "Us" or
"Our") provides a platform for internet web hosting services to
its subscribers (the "Subscribers" or "you" or
"your"). Additionally, We may provide services involving
registration, transfer or renewal of domain name among others. Your
use of all of the services is governed by this Terms of Service (the
"Terms of Service") and our Acceptable Use Policy ("AUP")
found at View Here
1. Services/Reselling Services. Subject
to your satisfaction of our credit approval requirements, We agree
to provide the services you ordered (the "Services") by
completing and submitting our Services order form (the "Order
Form") either in writing, online or verbally. Reselling the
Services is strictly prohibited and is a material breach of the
Terms of Service.
2. Domain Name Services. If your Order
Form provides for Us to register, renew or transfer a domain name ("Domain
Name Services"), We will submit the request through
bizlocal.nameservices.net to Tucows.com Co (the "Registrar")
on your behalf. Our sole responsibility is to submit the request to
the Registrar. We are not responsible for any errors, omissions or
failures of the Registrar. By ordering Domain Name Services, you are
agreeing to the terms posted at
bizlocal.nameservices.net You are responsible for
closing any account with any prior reseller of Registrar for the
requested domain name, and you are responsible for responding to any
inquiries sent to you by the Registrar. If you use the
web-based client associated with hosting to submit your own domain
request, they will be done so through Tucows.com Co. We highly
recommend you utilize the aforementioned system at nameservices.net.
3. Term. The initial term of each of
your Services shall begin on the date (the "Services Commencement
Date") that We generate an e-mail welcome message announcing the
activation of the Service you ordered and shall continue for the
number of months stated in the Order Form (the "Initial Term")
for each such Service. Upon expiration of the Initial Term, this
Terms of Service shall automatically renew for successive renewal
terms of the same length as the Initial Term (each a "Renewal
Term") unless either party provides written notice of
non-renewal at least thirty (30) days prior to the expiration of the
Initial Term or Renewal Term, as the case may be. The Initial Term
and any Renewal Term may be referred to collectively herein as the
"Term."
4. Fees
(a) Recurring Fees. The fee for the
Services specified in your Order Form(s) is the "Recurring Fee".
Beginning on the Services Commencement Date, unless otherwise
specified on your Order Form, you agree to pay the Recurring Fee in
advance on the first day of each billing cycle (the "Due Date"),
without invoice. The billing cycle for Recurring Fees is specified
in the Order Form.
(b) Non-Recurring Fees. If you ask Us to
perform Domain Services, you will be charged a "Domain
Registration Fee" as specified on the Order Form. If you use
bandwidth or disk space in excess of that provided in your Order
Form, you agree to pay a fee ("Overage Fee") for such excess
amounts. We may charge set-up fees ("Set Up Fee") for certain
of the Services; a fee for credit card charge backs ("Charge Back
Fee"); and other non-recurring fees relating to the Services.
Domain Registration Fees, Overage Fees, Set Up Fees, Charge Back
Fees, Reinstatement Fee (as defined below) and all other
non-recurring fees relating to the Services are collectively
referred to as "Non-Recurring Fees". You agree to pay
Non-Recurring Fees when they are incurred.
(c) Fee Increases. Recurring Fees and
Non-Recurring Fees are collectively referred to as the "Fees"
or individually as "Fee". We may increase any or all of the
Fees by giving notice to you not less forty-five (45) days prior to
the beginning of a Renewal Term applicable to the particular Fee
which is subject to increase. Such Fee increase shall be effective
on the first day of the applicable Renewal Term. Unless you give
notice to Us of your intent not to renew the Services as provided in
Section 3, you are deemed to have accepted the increased Fee
for the applicable Renewal Term and any subsequent Renewal Terms
(unless the Fees are increased in the same manner for a subsequent
Renewal Term).
5. Payment of Fees. Payment of the Fees
shall be made to Us by credit or debit card (the "Card") in United
States dollars. You authorize Us or an agent appointed by Us to
charge Fees to the Card during the Term. We may charge the Card for
(i) Recurring Fees five (5) days prior to or after the Due Date and
(ii) Non-Recurring Fees as incurred by you. At Our option, We may
abstain from charging the Card until the next Due Date or until the
Fees exceed $50.00. Fees paid are nonrefundable. Fees charged but
not disputed within sixty (60) days after the date that they are
charged are conclusively deemed accurate. You are required to
provide Us with changes to billing information, such as credit card
expiration and change in billing address. Unpaid Fees shall accrue
interest at the lesser of the highest rate allowed by applicable law
and 1.5% per month. You agree to pay our reasonable costs of
collection of overdue amounts, including collection agency fees,
attorneys' fees and court costs.
6. Taxes. You agree to pay to Us all
sales, VAT or similar tax imposed on the provision of the Services
(but not in the nature of an income tax on Us), regardless of
whether We fail to collect the tax at the time the Services are
provided.
7. Law/AUP. You agree to use the
Services in compliance with applicable law and Our AUP, which is
incorporated by reference in the Terms of Service. You agree that We
may, in our reasonable commercial judgment consistent with industry
standards, amend the AUP from time to time to further detail or
describe reasonable restrictions and conditions on your use of the
Services. Amendments to the AUP are effective on the earlier of Our
notice to you that an amendment has been made, or the first day of
the next Renewal Term. You agree to cooperate with Our reasonable
investigation of any suspected violation of the AUP. In the event of
a dispute between the parties regarding interpretation of the AUP,
our commercially reasonable interpretation of the AUP shall prevail.
8. Your Information. You represent and
warrant to Us that (i) all information you provide for purposes of
establishing and maintaining the Services is accurate; (ii) if you
are an individual, you are at least eighteen years of age; (iii) you
will not use the Services for the development, design, manufacture,
production, stockpiling, or use of nuclear, chemical or biological
weapons, weapons of mass destruction, or missiles in any country
listed in Country Groups D:4 and D:3 of Supplement No. 1 to Part 740
of the United States Export Administration Regulations, and (iv) you
will not provide access to the Services to any person (including a
natural person or government or private entity) located in or a
national of any embargoed or highly restricted country under United
States Export Regulations, which include as of September, 2005,
Cuba, Iran, Libya, North Korea, Sudan or Syria. You agree that We
may, without notice and without liability to you report to the
appropriate governmental authorities any conduct by you that We
reasonably believe violates applicable law, and provide any
information that We have about you in response to a formal or
informal request from a law enforcement or government agency or in
response to a formal request in a civil action that on its face
meets the requirements for such a request.
9. Indemnification. You agree to
indemnify and hold Us harmless, as well as Our affiliates, and each
of the respective officers, directors, agents, partners,
shareholders and employees of Us and of our affiliates from and
against any and all claims, demands, liabilities, obligations,
losses, damages, penalties, fines, punitive damages, amounts in
interest, expenses and disbursements ("Claims") of any kind and
nature whatsoever (including reasonable attorneys' fees) brought by
a third party under any theory of legal liability arising out of or
related to the Services, including without limitation Claims related
to Web space content that violates any copyright, trademark or
service mark; any proprietary right of any person or entity; and any
state and/or federal laws or regulations, including US Export
Regulations.
10. Disclaimer of Warranties.
WE MAKE ABSOLUTELY NO WARRANTIES WHATSOEVER,
EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. WE SPECIFICALLY DO
NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED,
ERROR-FREE, OR COMPLETELY SECURE. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW WE DISCLAIM ANY AND ALL WARRANTIES INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT. THE SERVICES ARE PROVIDED ON AN "AS
IS" BASIS.
11. Limitation of Damages.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR
LOST PROFITS OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE
BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN
CONNECTION WITH THE TERMS OF SERVICE, EVEN IF THE PARTY HAS BEEN
ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE
TERMS OF SERVICE, OUR MAXIMUM AGGREGATE LIABILITY, AND THAT OF OUR
AFFILIATES, AND EACH OF THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS,
PARTNERS, SHAREHOLDERS AND EMPLOYEES OF US AND OF OUR AFFILIATES,
UNDER ANY THEORY OF LIABILITY (INCLUDING BREACH OF CONTRACT, TORT,
STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT
TO EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE SERVICES FOR THE
THREE MONTHS PRIOR TO THE OCCURRENCE GIVING RISE TO THE CLAIM.
12. Suspension/Termination.
(a) Suspension of Services. You agree
that We may suspend the Services if: (i) We reasonably
believe that the Services are being used in violation of the AUP;
(ii) you fail to cooperate with any reasonable investigation of
any suspected violation of the AUP; (iii) We reasonably
believe that suspension of the Services is necessary to protect Our
network or other customers, (iv) as required by a law
enforcement or government agency, or (v) if the Card cannot
be charged for payment in accordance with Section 5. You
agree to pay a reasonable fee for reinstatement ("Reinstatement
Fee") following any suspension.
(b) Termination by You. The Terms of
Service may be terminated by you at any time as long as all Fees
then due together with unpaid Recurring Fees for the remainder of
the Initial Term or the Renewal Term, as the case may be, are fully
paid on the business day following the termination date.
(c) Termination by Us. The Terms of
Service may be terminated by Us prior to the expiration of the
Initial Term or any Renewal Term without liability as follows: (i)
upon seventy-two (72) hours notice if you are overdue on the payment
of any Fee; (ii) you materially violate any provision of the
Terms of Service or the AUP, and fail to cure the violation within
ten (10) days after receipt of a written notice from Us describing
the violation in reasonable detail in our sole discretion; (iii)
upon twenty-four (24) hours notice if the Services are used in
violation of a material term of the AUP more than once, or (iv)
upon twenty-four (24) hours notice if you violate Section 8
(Your Information).
13. Intellectual Property Use and Ownership.
Neither party shall (i) use the other party's name, trademarks,
trade names or logos in either its own legal name or in any
fictitious or assumed name without the party's consent; (ii)
knowingly remove or alter any logo, trademark, trade name,
copyright, or other proprietary notice, legend, or symbol from any
of the other party's products or documentation; or (iii) take any
action, or intentionally omit to take any action that would
jeopardize, limit, or interfere in any manner with the ownership of
the other party's products, services, documentation, or intellectual
property. Title to and ownership of all copies of any products,
services, software, documentation, or Internet services developed by
or for Us during the Term, whether in machine-readable or printed
form, and including without limitation any derivative works,
compilations, or collective works thereof, and all related technical
know-how, and all rights therein (including without limitation
rights in patents, copyrights and trade secrets applicable thereto),
are and shall remain Our exclusive property and that of Our
suppliers. You shall not take any action to jeopardize, limit, or
interfere in any manner with the ownership and rights therein.
14. Confidential Information. Each party
agrees not to disclose or use, and to assure that their employees
and agents do not disclose or use any confidential information
("Confidential Information") of the other party. Our Confidential
Information is Our unpublished prices for the Services, audit and
security reports, server configuration designs, software interfaces
and other proprietary technology. Your Confidential Information is
content transmitted to or from, or stored by you on servers provided
as part of the Services and not placed by you in a publicly
accessible area. Confidential Information is also information of a
party that is conspicuously marked as "confidential" or if disclosed
in non-tangible form, is verbally designated as "confidential" at
the time of disclosure and is confirmed as confidential in a written
notice given within one (1) day of disclosure. Confidential
Information does not include (i) any information which is
independently developed by a non-disclosing party as shown by such
party's written business records, (ii) is or becomes generally
available to the non-disclosing party or the public other than
through violation of this Section, or (iii) is required to be
disclosed by law or regulation. The parties acknowledge that
Confidential Information is valuable, special and unique; that its
unauthorized disclosure or use will cause irreparable injury to its
owner, that immediate injunctive and/or other equitable relief will
be necessary and appropriate to remedy an unauthorized disclosure or
use of Confidential Information, and that such relief may include
without limitation a temporary restraining order obtained ex parte
as well as permanent injunctive relief. Upon termination of the
Terms of Service, each party agrees to return within a reasonable
period of time any and all Confidential Information and other
materials belonging to the other party upon request. This Section
14 will survive the termination of the Terms of Service for a
period of two (2) years.
15. Back Up Copy. You agree to maintain
a current copy of all of your content hosted by Us.
16. Notices. Notices to Us shall be
given by means of electronic mail to the e-mail address posted for
customer support on View Here.
Notices to you shall be given via electronic mail to the individual
designated as the Primary Contact. Notices are deemed received on
the day transmitted, or if that day is not a business day, on the
first business day following the day transmitted.
17. Force Majeure. We shall not be in
default under the Terms of Service if the failure to perform is due
to any event beyond Our control, including, without limitation,
significant failure of a portion of the power grid, significant
failure of the Internet, failure of network providers, natural
disaster, war, riot, insurrection, epidemic, strikes or other
organized labor action, terrorist activity, or other events of a
magnitude or type for which precautions are not generally taken in
the industry.
18. Governing Law/Venue. The Terms of
Service shall be governed by the laws of the State of Texas,
exclusive of its choice of law principles, and the laws of the
United States of America, as applicable. The United Nations
Convention on the International Sale of Goods shall have no
application to the Terms of Service. EXCLUSIVE VENUE FOR ALL
DISPUTES ARISING OUT OF OR RELATING TO THE TERMS OF SERVICE SHALL BE
THE STATE AND FEDERAL COURTS IN BEXAR COUNTY, TEXAS, AND EACH PARTY
IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDICTION AND WAIVES ALL
OBJECTIONS THERETO.
21. Miscellaneous. The parties intend
for their relationship to be that of independent contractors and not
a partnership, joint venture, or employer/employee. Neither party
will represent itself to be agent of the other. Neither party has
the power or authority to bind the other in any agreement and will
not represent to any person that it has such power or authority. The
Terms of Service may be amended from time to time by Us, in Our
discretion. Amendments to the Terms of Service are effective on the
earlier of Our notice to you that an amendment has been made, or the
first day of the next Renewal Term. Terms of Service as amended are
posted at found at View Here.
The terms on any purchase order or other business forms issued by
you are not binding on Us. A party's failure or delay in enforcing
any provision of the Terms of Service will not be deemed a waiver of
that party's rights with respect to that provision or any other
provision. A party's waiver of any of its rights under the Terms of
Service is not a waiver of any of its other rights with respect to a
prior, contemporaneous or future occurrence, whether or not similar
in nature. Captions in the Terms of Services are for the convenience
of the parties and are not intended for interpretation. The
following provisions will survive expiration or termination of the
Terms of Service: Fees, indemnity obligations, provisions limiting
liability and disclaiming warranties, provisions regarding ownership
of intellectual property, these miscellaneous provisions, and other
provisions that by their nature are intended to survive termination.
There are no third party beneficiaries to the Terms of Service. You
may not transfer the Terms of Service without our prior written
consent. Our approval for any assignment is contingent on the
assignee meeting our credit approval criteria. We may assign all or
any part of the Terms of Service.
This Terms of Service together with the Order
Form and AUP (i) constitute a legal and binding agreement between
you and Us; (ii) are the complete and exclusive agreement between
the parties regarding the subject matter; (iii) supersede and
replace any prior understanding or communication, whether written or
oral, and (iv) do not benefit any other person or entity.
3DPromote.com
abuse@3dpromote.com
305 Meadow St, Walterboro, SC 29488
Disclaimer
We are under no duty, and does not by this AUP
undertake a duty, to monitor or police your activities and disclaims
any responsibility for any misuse of Our Services or network. We
have no obligation to any person who has not entered into an
agreement for Services.