theEZwebsite TERMS
OF SERVICE
1. ACCEPTANCE OF TERMS
Welcome to Andrechelle’s “theEZwebsite” Andrechelle
provides the theEZwebsite 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 ("Content Submitted to TheEZwebsite") without prior notice
to and acceptance by you. You can review the most current version of
the TOS at any time at: http://www.theezwebsite.com/index.php?page_id=17
or http://www.andrechelle.com/eztos.htm.
Please note that other Andrechelle services, outside of TheEZwebsite,
are governed by a different Terms of Service.
2. DESCRIPTION OF SERVICE
TheEZwebsite currently provides users with access to a rich collection
of on-line resources, including personal web page hosting services (the
"Service"). Unless explicitly stated otherwise, any new features
that augment or enhance the current Service, including the release of
new TheEZwebsite 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 Andrechelle 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 registration form (such information being 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
Andrechelle has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, Andrechelle 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). You also understand
and agree that the service may include certain communications from Andrechelle!,
such as service announcements, administrative messages and the Andrechelle!
Newsletter, and that these communications are considered part of Andrechelle!
membership and you will not be able to opt out of receiving them.
4. ANDRECHELLE PRIVACY POLICY
Pursuant to Andrechelle's privacy policy, we may disclose to third parties
certain aggregate information contained in your Registration 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. For more information, please see our full
privacy policy at http://www.theezwebsite.com/index.php?page_id=19
or http://www.andrechelle.com/privacy.htm
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 Andrechelle, are entirely responsible for all Content that you
upload, post or otherwise transmit via the Service. Andrechelle 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 Andrechelle 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 (or directory) as storage for remote loading
or as a door or signpost to another home page, whether inside or beyond
TheEZwebsite;
(p) have multiple TheEZwebsite addresses that are within the same TheEZwebsite
neighborhood or that have the same theme; or
(q) engage in commercial activities without enrolling in Andrechelle-approved
affiliate programs. This includes, but is not limited to, the following
activities:
• offering for sale any products or services;
• soliciting for advertisers or sponsors;
• conducting raffles or contests that require any type of entry
fee;
• displaying a sponsorship banner of any kind, including those
that are generated by banner or link exchange services, with the sole
exceptions of the GeoGuide Banner Exchange program and the Internet
Link Exchange; and
• displaying banners for services that provide cash or cash-equivalent
prizes to users in exchange for hyperlinks to their web sites.
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.
7. CONTENT SUBMITTED TO THEEZWEBSITE
Andrechelle does not claim ownership of the Content you place on your
TheEZwebsite Site. By submitting Content to Andrechelle for inclusion
on your TheEZwebsite Site, you grant Andrechelle the world-wide, royalty-free,
and non-exclusive license to reproduce, modify, adapt and publish the
Content solely for the purpose of displaying, distributing and promoting
your TheEZwebsite Site on Andrechelle's Internet properties. This license
exists only for as long as you continue to be a TheEZwebsite homesteader
and shall be terminated at the time your TheEZwebsite Site is terminated.
You acknowledge that Andrechelle does not pre-screen Content, but that
Andrechelle and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or remove any Content that is available
via the Service. Without limiting the foregoing, Andrechelle and its
designees shall have the right to remove any Content that violates the
TOS or is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content.
8. INDEMNITY
You agree to indemnify and hold Andrechelle, 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 Andrechelle may establish general practices and
limits concerning use of the Service. Currently, each TheEZwebsite address
allows particular individuals to have 15MB of disk space for his or
her files.
11. MODIFICATIONS TO SERVICE
Andrechelle 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 Andrechelle 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 Andrechelle, in its sole discretion, may terminate your
password, TheEZwebsite Site, use of the Service or use of any other
Andrechelle service, and remove and discard any Content within the Service,
for any reason, including, without limitation, for lack of use or if
Andrechelle believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. Andrechelle 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 Andrechelle
may immediately deactivate or delete your TheEZwebsite Site and all
related information and files in your TheEZwebsite Site and/or bar any
further access to such files or the Service. Further, you agree that
Andrechelle shall not be liable to you or any third-party for any termination
of your access to the Service.
13. ADVERTISEMENTS AND PROMOTIONS
Andrechelle runs advertisements and promotions on TheEZwebsite Sites.
By creating your TheEZwebsite Site, you agree that Andrechelle has the
right to run such advertisements and promotions. The manner, mode and
extent of advertising by Andrechelle on your TheEZwebsite 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 Andrechelle
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 Andrechelle has no control
over such sites and resources, you acknowledge and agree that Andrechelle
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 Andrechelle
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. ANDRECHELLE 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 Andrechelle 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.
Andrechelle 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 Andrechelle 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. ANDRECHELLE
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) ANDRECHELLE 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 ANDRECHELLE 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 ANDRECHELLE 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 ANDRECHELLE
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. Andrechelle 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
Andrechelle respects the intellectual property rights of others and
we ask our users to do the same. Please see our copyright policy at
http://www.theezwebsite.com/index.php?page_id=18
or http://www.andrechelle.com/copyright.htm.
22. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Andrechelle
and govern your use of the Service, superceding any prior agreements
between you and Andrechelle or theEZwebsite (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
Andrechelle services, third-party content or third-party software. The
TOS and the relationship between you and Andrechelle shall be governed
by the laws of the State of Ohio without regard to its conflict of law
provisions. You and Andrechelle agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of Lake,
Ohio. The failure of Andrechelle 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.
23. VIOLATIONS
Please report any violations of the TOS to Andrechelle at violations@andrechelle.com
Last updated : Jan 12, 2006 |
