TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
Welcome to Andrechelle’s “Internet Marketing, Website
Design and Website Hosting” Andrechelle provides the these
service or services 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 Andrechelle") without
prior notice to and acceptance by you. You can review the most
current version of the TOS at any time at: http://www.andrechelle.com/tos.htm.
Please note that other Andrechelle services, are governed by a
different Terms of Service.
2. DESCRIPTION OF SERVICE
Andrechelle 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 Andrechelle 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.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 Andrechelle servers;
(p) have multiple website addresses that are within the same 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 ANDRECHELLE
Andrechelle does not claim ownership of the Content you place
on your WebSite. By submitting Content to Andrechelle for inclusion
on your WebSite, 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 WebSite on Andrechelle's Internet properties.
This license exists only for as long as you continue to be a Andrechelle
client and shall be terminated at the time your account is terminated
/ cancelled.
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 Andrechelle
account allows particular individuals to have varying amounts
of disk space for his or her files. Please check your package
for specific details on your disk quota.
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, WebSite, 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 WebSite and all related information and files in
your Account 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 WebSites. By
creating your WebSite, you agree that Andrechelle has the right
to run such advertisements and promotions. The manner, mode and
extent of advertising by Andrechelle on your WebSite 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.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 (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 info
@ andrechelle.com
Last updated : May 17, 2009
