| Welcome to EZWebs.biz (referred to as “EZWebs.biz”)
where affordable web design is the name of the
game. This EZWebs.biz Services Member Agreement (the
"Agreement") explains the terms and
conditions governing your use of EZWebs.biz’s
services, technology, and any other content available
on the EZWebs.biz service. By checking the box and
clicking on the ‘Continue’ button,
you accept these terms and conditions and acknowledge
that the EZWebs.biz service is subject to certain
limitations set forth below. If you do not wish
to accept this agreement, do not purchase this
service. By registering and purchasing any EZWebs.biz
service, you agree to use the EZWebs.biz service
in a manner consistent with all applicable laws
and regulations and in accordance with the terms
and conditions outlined below.
1. Services
(a) Generally. Purchasing EZWebs.biz's service entitles
you (a "Member") to all the tools, content,
and services available on the system regardless
of your use of them.
If you would like to switch EZWebs.biz services,
please contact Customer Care or apply the changes
on your own (in your "Account Summary"
in the Customer Login Area.
(b) EZWebs.biz Services and Technology: You will
be able to use the proprietary and licensed technology
incorporated in the EZWebs.biz Service ("Technology").
to build and maintain your web site ("Member
Site") EZWebs.biz may offer other tools and
services that are not included in any EZWebs.biz
Service, including premium or custom services
for which an additional fee will apply. Separate
terms and conditions apply for each EZWebs.biz
and will be outlined in a separate agreement.
2. Payment Terms
(a) For access to and use of any EZWebs.biz Service,
you agree to pay all fees and charges specified
in the EZWebs.biz Service fee schedule. All fees
are due immediately and are non-refundable. EZWebs.biz
asks that you provide us with your credit card
information for payment, and all charges you incur
for use of the EZWebs.biz Service will be charged
to the credit card number you provide. If EZWebs.biz
does not receive payment from the card issuer,
you agree to pay EZWebs.biz all amounts due upon
demand. EZWebs.biz may take commercially reasonable
actions to validate your credit card and collect
all payments due. You agree to pay all legal and
collection fees arising from any efforts to collect
any past due amounts from you to the extent allowed
by law. You understand that if EZWebs.biz does not
receive timely payment of all amounts due for
any Solution you purchase, your use of any EZWebs.biz
Service or Solution may be severely restricted
or terminated at EZWebs.biz's sole discretion. This
includes any Information you provide to EZWebs.biz
while using any EZWebs.biz Service or Solution.
THE FEE FOR ANY EZWebs.biz SERVICE IS NONREFUNDABLE.
EZWebs.biz WILL NOT REFUND ANY FEES PAID BY YOU IF
YOU TERMINATE YOUR AGREEMENT WITH US.
(b) EZWebs.biz reserves the right at its sole discretion
and as it deems appropriate to add or remove certain
services it offers and change its fees for any
services in accordance with Section 4.
(c) You agree to notify EZWebs.biz immediately if
you suspect unauthorized use of the EZWebs.biz Service,
your credit card, or your password.Generally,
credit card providers will not hold you liable
for more than $50 of fraudulent charges.
Subject to the following, if your credit card
provider holds you liable for any of this $50,
EZWebs.biz will cover your entire liability up to
the full $50. EZWebs.biz will cover this liability
only if the unauthorized use of your credit card
is solely a result of a negligent act or omission
by EZWebs.biz, and only for purchases made at EZWebs.biz
while using the secure server. In the event of
an unauthorized use of your credit card, you must
notify your credit card provider in accordance
with its reporting rules and procedures.
(d) You agree to pay any taxes, including personal
property taxes or sales taxes, resulting from
your use of the EZWebs.biz Services. You agree
to pay all legal and collection fees arising from
our efforts to collect any past due amounts from
you to the extent allowed by law.
3. Restrictions and Description of Prohibited
Acts
(a) You may not use the EZWebs.biz Service or EZWebs.biz, the selection of a web address for your
Member Site, the Technology, or the Member Site
to, including, but not limited to:
(i) display material containing pornographic material
or adult paraphernalia of any kind, whether viewable
by the general public or hidden in password protected
areas
(ii) provide material that is grossly offensive
to the EZWebs.biz online community, including blatant
expressions of bigotry, prejudice, racism, hatred,
or profanity, or post any obscene, lewd, lascivious,
filthy, excessively violent, harassing, or otherwise
objectionable content
(iii) sell or promote any products or services
that are unlawful in the location at which the
content is posted or received
(iv) access illegally or without authorization
any computers, accounts, or networks of EZWebs.biz
or any EZWebs.biz Member, or attempt to penetrate
EZWebs.biz's security measures ("hacking"),
or conduct a port scan, stealth scan, or other
information-gathering activity the intent of which
is to gather information to be used to attempt
a system penetration; or upload to EZWebs.biz, send
through EZWebs.biz, or have EZWebs.biz host or distribute
any Internet viruses, worms, Trojan horses, other
harmful code, pinging, flooding, mail bombing,
or denial-of-service attacks; or disrupt the use
of or interfere with the ability of others to
effectively use an EZWebs.biz Service or any connected
network, system, service, or equipment
(v) display material that exploits, or otherwise
exploit, children under 18 years of age
(vi) post any content or otherwise infringe in
any way or violate any copyright, patent, trademark,
service mark, trade name, trade secret, or other
intellectual property right of any third party
(vii) promote, solicit, or participate in pyramid
schemes
(viii) post any content that holds EZWebs.biz up
to public scorn or ridicule
(ix) engage in any libellous, defamatory, scandalous,
threatening, or harassing activity
(x) post or disclose any personally identifying
information or private information about children
or any third parties without their consent (or
their parents' consent, in case of a minor)
(xi) post any content that advocates, promotes,
or otherwise encourages violence against any governments,
organizations, groups, or individuals or that
provides instruction, information, or assistance
in causing or carrying out such violence.
(xii) post any information, images or content
that EZWebs.biz (in its sole discretion) deems immoral
or unfit for general public consumption.
(b) You agree that without the express consent
of EZWebs.biz (and showing proof of the appropriate
licenses where necessary or appropriate), you
will never provide, sell, or offer to sell the
following products or content (or services related
to the same) on the Member Site you create: pharmaceutical
or any other controlled substances; illegal drugs;
illegal drug contraband; alcohol; firearms; weapons;
pirated computer programs; pornography or illicitly
pornographic sexual products; adult paraphernalia;
programs to "nuke" or create attacks
against another individual or an Internet service
provider; illegal goods; escort services; instructions
on how to assemble or otherwise make bombs, grenades,
or other weapons; information used to circumvent
manufacturer-installed copy-protect devices; or
computer software viruses or software designed
to create a virus.
(c) You also agree that you will never promote
or provide instructional information about: illegal
activities, activities that can lead to physical
harm to any group or individual, or any activities
that lead to cruelty to animals. You may not use
the EZWebs.biz Service, Technology, or Member Site
in any high-risk activities where damage or injury
to persons, property, environment, or business
may result if an error occurs. YOU EXPRESSLY ASSUME
ALL RISK FOR SUCH USE.
(d) Unless EZWebs.biz offers a service to conduct
any of the following, you agree that you will
never conduct the following types of activities
on the Member Site: gambling; sweepstakes; raffles;
lotteries; contests, pyramid, or Ponzi schemes;
and/or unsolicited commercial Email (spam).
(e) You agree that you will not (and you will
not allow any third party to) partake in the following
actions: reverse engineering, reverse compiling
or otherwise deriving the underlying source code
or structure or sequence of any EZWebs.biz Service,
EZWebs.biz, or any Technology; individual
passwording of Member Sites (or pages contained
therein); deleting or altering author attributes
or copyright notices, unless expressly permitted
in writing by the author or owner; and/or fail
to obtain all required permissions when using
an EZWebs.biz Service, EZWebs.biz, or Technology
to receive, upload, download, display, distribute,
or execute programs or perform other works protected
by intellectual-property laws, including copyright
and patent laws.
(f) You agree and acknowledge that at all times,
EZWebs.biz retains all rights to the graphical design
of the website or template used by you as a paying
customer. Images are licensed royalty-free images
that EZWebs.biz does not sell, sublicense or offer
for lease to any customers before, during or after
their time with EZWebs.biz as a customer.
4. Changes to the Terms and Conditions
EZWebs.biz may at any time, with notice of not less
than thirty (30) days, change its fees and change
the terms of this Agreement. Except for the addition
of new tools and services, EZWebs.biz will also give
reasonable notice before any modification of the
then-current EZWebs.biz Service that could change
your Member Site. EZWebs.biz will announce changes
to our fees and charges by posting them in the
Home section of our service (first page once a
customer logs into to Client Area). EZWebs.biz may,
at its discretion, supplement such notice by sending
you an email or by putting a popup notice on your
screen when you access the EZWebs.biz Service, or
by sending you a letter. If you find any change
to be unacceptable, you are free to terminate
this agreement by following the steps described
in Section 8.
5. EZWebs.biz Signature
EZWebs.biz relies on the ongoing support of its customers
to help fund the services it offers its Members.
Accordingly, EZWebs.biz reserves the right to include
its signature in text ("online website builder:
EZWebs.biz ") at the bottom of each web page
EZWebs.biz hosts. This will be unobtrusive so as
not to detract or in any way distract our customers’
web site visitors.
6. Information About You and Your Business
(a) EZWebs.biz is committed to protecting your privacy.
EZWebs.biz will never sell personally identifiable
information about you or your business to any
third party without first receiving your permission,
and all uses of any personally identifiable information
about you or your business will be subject to
our Privacy Policy.
(b) In order to protect you, EZWebs.biz uses state-of-the-art
technology to protect your data from unauthorized
third parties. Currently EZWebs.biz uses Secure Sockets
Layer (SSL) software to protect your data and
secure your transactions. SSL encrypts or "scrambles"
all your personal information, including your
credit card number, name, and address, as it is
transmitted over the Internet. For more details,
please visit Security.
7. EZWebs.biz Rights
(a) Member Site Content Changes. EZWebs.biz reserves
the right to make changes to Member Site upon
written request by you to Customer Care to do
so, such as through email, or upon breach of any
of the provisions of this Agreement by providing
you notice of such breach and reasonable time,
determined by EZWebs.biz at its sole discretion,
to rectify the infringing content. If after such
time has expired the Member Site does not conform
to EZWebs.biz's satisfaction, EZWebs.biz may make changes
to the content of Member Site to bring it to compliance
with this Agreement. Member agrees not to hold
EZWebs.biz liable for any foreseeable, unforeseeable,
direct, or indirect consequences that may result
from changes made by Customer Support to Member
Site in response to Member request to do so or
in response to a Member Site that breaches this
Agreement. EZWebs.biz's decisions are final and binding.
Notwithstanding the above, EZWebs.biz also reserves
the right to discontinue the provision of any
or all aspects of the EZWebs.biz Service or any EZWebs.biz to any Member for any breach of this
Agreement.
(b) Communications. You will receive a confirmation
email from us at the time of registration. Once
registered, you can set your email subscription
preferences by clicking on the My Account link
in the upper right corner of the Service, then
choosing the Email Subscriptions link. If you
choose to receive Member communications, you may
choose to change your email preferences at any
time by following the instructions above. EZWebs.biz
reserves the right to communicate with all Members
regardless of their email subscriptions in the
event that important messages need to be communicated
to Members, including, but not limited to, service
outages, material changes or modifications to
the service, and notice of changes to this Agreement.
8. Term/Termination
(a) Term.
This agreement shall be effective upon when you
click on the Continue button until terminated
in accordance with the provisions below.
(b) Termination by EZWebs.biz.
(i) EZWebs.biz may at any time without notice to
you discontinue any or all aspects of the EZWebs.biz
Service or restrict your use of the EZWebs.biz Service
in whole or in part for any breach of this Agreement
by you; or if EZWebs.biz determines in its sole and
exclusive judgment that terminating your use of
the EZWebs.biz Service is necessary for security
reasons or for proper continued operation of the
EZWebs.biz Service; or your use of the EZWebs.biz Service,
EZWebs.biz, or Technology is not for legitimate
business purposes, or your use of the EZWebs.biz
Service violates any laws or regulation; or if
EZWebs.biz receives information that the EZWebs.biz
Service or your use of the EZWebs.biz Service (or
any part thereof) may violate any third-party
right.
(ii) EZWebs.biz may at any time, with thirty (30)
days notice to you, modify or discontinue any
or all aspects of the EZWebs.biz Service.
(iii) EZWebs.biz may at any time, with ten (10) days
notice to you, modify or discontinue any or all
aspects of the EZWebs.biz Service or any EZWebs.biz, if the credit card number you provide
EZWebs.biz expires, or if EZWebs.biz is unable to charge
valid charges to that credit card number, or if
you otherwise fail to make payments due to EZWebs.biz
hereunder.
(iv) Upon termination of this Agreement, all rights
granted to you under this Agreement shall terminate
immediately. If EZWebs.biz terminates this Agreement
or suspends your access to the EZWebs.biz Service,
you will remain liable for the full charge for
the period during which we terminate or suspend
your EZWebs.biz Service. Following such termination
or suspension, you agree not to reregister for
or otherwise access the EZWebs.biz Services without
EZWebs.biz's prior written approval. EZWebs.biz reserves
the right to delete any data files associated
with your use of the EZWebs.biz Service upon termination
of this Agreement.
(v) In the event that a charge back occurs on
your credit card which is your responsibility
(for example, insufficient funds) then you agree
to cover the charges imposed on EZWebs.biz by the
credit card company or bank. If the error is as
a result of EZWebs.biz’s mistake, no charge
back fee will apply.
(c) Termination by You.
You may cancel your EZWebs.biz Service at any time.
To cancel, you must submit a written request to
Customer Care at least five (5) business days
before the beginning of your next billing period.
If your notice to EZWebs.biz is within this five
(5) business-day period before the beginning of
your next billing period, you will be charged
for the subsequent billing period, and the cancellation
will take effect for the following billing period.
Any cancellations that occur after the monthly
payment is withdrawn from your credit card are
non-refundable and are not pro-rated.
Effects of Cancellation
If you cancel your EZWebs.biz Service, then as of
the end of the applicable billing period, you
will no longer have access to any of the tools
and services included in the service, therefore:
(i) EZWebs.biz will no longer host your web site,
and all of your Information will be deleted
(ii) you will no longer have access to any site
building services, communication tools, or reports
(iii) you will no longer have access to your Web
Mail, and any files, emails, attachments, email
addresses, and any other information or content
included in your Web Mail account will be deleted
(iv) you will have no rights to the graphics or
design EZWebs.biz has provided once cancellation
is in effect (i.e.: design and graphics are the
sole property of EZWebs.biz).
EZWebs.biz IS NOT RESPONSIBLE FOR THE DELETION OF
ANY FILE, ATTACHMENT, INFORMATION, CONTENT, OR
ANY OTHER CONSEQUENCE OF YOUR DECISION TO CANCEL
THIS SERVICE.
9. Indemnification
You agree to indemnify EZWebs.biz and hold EZWebs.biz
harmless against any and all liabilities, cost,
and expenses, including reasonable legal costs
related to or arising from:
(i) your use of the EZWebs.biz Service in a way that
is prohibited or restricted under this agreement
(ii) infringement of any copyright, trademark,
intellectual property, or other right or patent
by any material you post or use on your Member
Site
(iii) any breach by you of this Agreement; and/or
(iv) any indecent, obscene, or libellous material
posted on your Member Site.
10. Reporting Violations
EZWebs.biz does not routinely monitor the content
of Member Sites but will investigate complaints
of a violation of third-party rights. Violations
or infringement of a third-party copyright, other
intellectual property right, or other right will
be dealt with in accordance with the EZWebs.biz policy.
11. Proprietary Rights
As between the parties, EZWebs.biz acknowledges that
it claims no proprietary rights in your Information
or any intellectual property right contained therein.
As between the parties, you acknowledge and agree
that EZWebs.biz and its licensors own all right,
title, and interest in:
(a) the EZWebs.biz Service or any EZWebs.biz
(b) the Technology available on the EZWebs.biz Service
or EZWebs.biz
(c) and all content, including but not limited
to text, software, music, sound, photographs,
video, graphics, or other material contained or
maintained on the EZWebs.biz Service or EZWebs.biz
(collectively "EZWebs.biz Content"), excluding
all Member Information.
In addition, you agree that the EZWebs.biz Content
and Technology available on the EZWebs.biz Service
or any EZWebs.biz is protected by English,
Canadian, U.S. and international copyrights, trademarks,
service marks, patents, or other proprietary rights
and laws; therefore, you are permitted to use
this EZWebs.biz Content and Technology only as expressly
authorized by EZWebs.biz. You also understand and
agree that the compilation, collection, selection,
arrangement, assembly, and coordination of all
EZWebs.biz Content available on the EZWebs.biz Service
or EZWebs.biz is the exclusive property
of EZWebs.biz and its licensors and protected by
U.S. and international copyright laws. You agree
that, except as expressly authorized by EZWebs.biz,
all the EZWebs.biz Content and Technology available
on the EZWebs.biz Service or EZWebs.biz may
be used by you only for your internal business
and data-gathering purposes. You may not make,
use, sell, copy, reproduce, distribute, transmit,
or create derivative works from this EZWebs.biz Content
or Technology without expressly being authorized
to do so by EZWebs.biz.
12. Trademarks
EZWebs.biz (TM), what the web can be (TM), EZWebs.bizs (TM) and other pending and/or registered
trademarks and service marks, and other graphics,
logos, and service names used by EZWebs.biz on the
EZWebs.biz Service or EZWebs.bizs to identify
the products or services of EZWebs.biz (collectively
the "EZWebs.biz Trademarks") are the trademarks
of EZWebs.biz. You agree not to use the EZWebs.biz Trademarks
in connection with your products or services or
any third-party products or services or in any
manner that disparages or discredits EZWebs.biz.
All other brands and names (including third-party
product names) used on the EZWebs.biz Service are
the property of their respective owners.
13. Limitation on Liability
(a) YOU ARE SOLELY RESPONSIBLE FOR THE PROPER
CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS
UNDER YOUR CONTROL. REGARDLESS OF THE TYPE OF
CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU
AGREE THAT IN NO EVENT WILL EZWebs.biz, OUR AFFILIATES,
CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE EZWebs.biz SERVICE,
TECHNOLOGY, OR CONTENT AVAILABLE ON THE EZWebs.biz
SERVICE ("EZWebs.biz AFFILIATES"), BE LIABLE
TO YOU IN ANY MANNER WHATSOEVER:
(I) FOR ANY DECISION MADE OR ACTION OR NONACTION
TAKEN BY YOU IN RELIANCE UPON THE INFORMATION
PROVIDED THROUGH THE EZWebs.biz SERVICE
(II) FOR LOSS OR INACCURACY OF DATA OR COST OF
PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR
TECHNOLOGY
(III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED
TO LOSS OF REVENUES AND LOSS OF PROFITS, EVEN
IF EZWebs.biz HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
(b) THE AGGREGATE LIABILITY OF EZWebs.biz AND THE
EZWebs.biz AFFILIATES ARISING FROM OR RELATING TO
THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION
OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID
TO EZWebs.biz DURING THE TERM OF THIS AGREEMENT FOR
ANY EZWebs.biz SERVICE, EZWebs.biz, OR TECHNOLOGY.
(c) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(d) IN NO EVENT IS EZWebs.biz OR ANY EZWebs.biz AFFILIATE
LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE
TO PERFORM YOUR RESPONSIBILITIES IN CONNECTION
WITH THIS AGREEMENT, OR ARISING FROM ANY CAUSE
BEYOND EZWebs.biz'S CONTROL.
(e) THIS SECTION APPLIES TO ALL CLAIMS BY YOU
IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING
YOUR CLAIM, INCLUDING BUT NOT LIMITED TO BREACH
OF CONTRACT (EVEN IF IN THE NATURE OF A BREACH
OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL
BREACH), OR TORT, INCLUDING BUT NOT LIMITED TO
NEGLIGENCE, STRICT LIABILITY, FRAUD, MISREPRESENTATION,
AND/OR OTHERWISE.
14. Warranties/Disclaimers
Once you publish your site, you can expect 99
percent availability in any calendar month, excluding
scheduled maintenance or outages beyond our control
or other third-party service provider outages.
Your published site is available when end users
are able to download your homepage from EZWebs.biz.
If, for some reason beyond our control, the EZWebs.biz
service in unavailable to you and your customers
for less than 80% of the time (calendar month),
EZWebs.biz will provide a refund for the affected
month. You acknowledge that in no way will EZWebs.biz
be held financially responsible for any loss of
business / service as a result of downtime of
your web site or the improper functioning of it.
Please report any technical problems to Customer
Care.
Once a EZWebs.biz refund is given (for affected calendar
month), it will be applied to your next billing
cycle. If a credit is necessary, you will receive
the appropriate credit within 6 to 8 weeks of
the end of the month in which the Performance
Guarantee was breached. In no event will EZWebs.biz
refund any portion of the package service fee.
Availability shall be calculated solely by EZWebs.biz.
This Performance Guarantee does not apply to any
technology offered to you in a "preview"
or "beta" mode.
The remedy stated above is your sole remedy for
any breach of the Performance Guarantee.
(a) THE OPINIONS AND VIEWS EXPRESSED IN ANY MEMBER
SITE DO NOT REFLECT THOSE OF EZWebs.biz, AND EZWebs.biz
DOES NOT REVIEW, VERIFY, ENDORSE, OR OTHERWISE
VOUCH FOR THE CONTENT OR LEGITIMACY OF ANY MEMBER
SITES. EZWebs.biz IS NOT RESPONSIBLE FOR THE CONTENT
OF ANY MEMBER PAGE. MEMBERS ARE SOLELY RESPONSIBLE
FOR EVERYTHING CONTAINED IN THEIR OWN MEMBER SITE.
MEMBERS MAY BE HELD LEGALLY LIABLE FOR THE CONTENTS
OF THEIR MEMBER SITE AND MAY BE HELD LEGALLY ACCOUNTABLE
IF THEIR MEMBER SITE INCLUDES, FOR EXAMPLE, ANY
DEFAMATORY COMMENTS OR MATERIAL PROTECTED BY COPYRIGHT,
TRADEMARK, PATENT, OR TRADE SECRET OR OTHER LAWS
WITHOUT THE EXPRESS PERMISSION OF THE AUTHOR OR
OWNER.
(b) EZWebs.biz IS NOT RESPONSIBLE FOR THE DELIVERY
OR QUALITY OF ANY GOODS OR SERVICES SOLD OR ADVERTISED
THROUGH THE EZWebs.biz NETWORK OR THROUGH ANY EZWebs.biz
AFFILIATE PROGRAM OR THROUGH THE MEMBER SITES.
(c) EXCEPT FOR 14(a), ALL EZWebs.biz SERVICE, CONTENT,
AND TECHNOLOGY PROVIDED IN ASSOCIATION WITH THE
EZWebs.biz SERVICE ARE PROVIDED "AS IS"
WITHOUT WARRANTIES OF ANY KIND. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY
SET FORTH HEREIN, NEITHER EZWebs.biz NOR EZWebs.biz'S
LICENSORS MAKE ANY WARRANTIES OR REPRESENTATIONS
OF ANY KIND WITH RESPECT TO THE EZWebs.biz SERVICE,
CONTENT, TECHNOLOGY, OR PRODUCTS THAT EZWebs.biz
OR ITS LICENSORS OR ANY OTHER THIRD PARTY PROVIDES,
AND EZWebs.biz AND ITS LICENSORS EXPRESSLY DISCLAIM
ALL IMPLIED AND EXPRESS WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT
WITH RESPECT TO THE SAME. WITHOUT LIMITING THE
FOREGOING, NO WARRANTY IS GIVEN THAT THE EZWebs.biz
SERVICE OR TECHNOLOGY IS ERROR-FREE. EZWebs.biz AND
ITS LICENSORS DISCLAIM ANY WARRANTY OF TITLE OR
ANY OTHER WARRANTIES FOR ANY THIRD PARTY'S OFFERING(S)
OR PRODUCT(S).
(d) EZWebs.biz DOES NOT GUARANTEE THAT ITS SECURITY
PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION
OF, OR IMPROPER ACCESS TO YOUR INFORMATION. EZWebs.biz
AND ITS LICENSORS ARE NOT RESPONSIBLE FOR INVALID
DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION
OF, OR THE SECURITY OF YOUR INFORMATION CARRIED
OVER INTEREXCHANGE CARRIERS', LOCAL EXCHANGE CARRIERS',
OR OTHER PROVIDERS' FACILITIES.
(e) THE DOCUMENTS AND GRAPHICS APPEARING ON THE
EZWebs.biz SERVICE MAY INCLUDE TECHNICAL INACCURACIES,
TYPOGRAPHICAL ERRORS, AND OUT-OF-DATE INFORMATION;
THEREFORE YOU EXPRESSLY ASSUME ALL RISK FOR SUCH
USE OF THE EZWebs.biz SERVICE, EZWebs.biz,
OR TECHNOLOGY.
(f) EZWebs.biz MAY PROVIDE LINKS TO OTHER WEB SITES
OR RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT EZWebs.biz
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 ALSO
AGREE THAT EZWebs.biz 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 SUCH
EXTERNAL THIRD-PARTY SITES.
(g) EZWebs.biz makes no warranty, pledge or guarantee
as to the effect of Search Engine Marketing or
Positioning on your business results.
15. Miscellaneous
(a) This Agreement shall be governed by and construed
in accordance with English law and you agree to
submit to the exclusive jurisdiction of the English
courts. If local laws prohibit your participation
in any part of the EZWebs.biz Service, or use of
them, then you are responsible for complying with
such laws and the terms of this Agreement.
(b) Any and all disputes between you and EZWebs.biz
will be settled by arbitration in London, and
you agree that all negotiations, discussions,
and settlements shall be subject to obligations
of confidentiality and shall not be disclosed
to any third party.
(c) If any provision(s) of this Agreement is held
to be contrary to law, then such provision(s)
shall be construed, as nearly as possible, to
reflect the intentions of the parties with the
other provisions remaining in full force and effect.
(d) All notices to you shall be in writing and
shall be made either via email or conventional
mail, or by posting such notices on the EZWebs.biz
Service. EZWebs.biz may broadcast notices or messages
through the EZWebs.biz Service to inform you of changes
to this Agreement, the EZWebs.biz Service, or other
matters of importance; such broadcasts shall constitute
notice to you. All notices to EZWebs.biz from you
must be made in writing via our Customer Care
form.
(e) EZWebs.biz's failure to exercise or enforce any
right or provision of this Agreement shall not
constitute a waiver of such right or provision
unless acknowledged and agreed to by EZWebs.biz in
writing.
(f) Except in the event that you purchase any
EZWebs.biz, this Agreement comprises the
entire agreement between you and EZWebs.biz and supersedes
all prior agreements between the parties regarding
the subject matter contained herein. Should you
choose to purchase any EZWebs.biz, you will
be bound by all terms and conditions relating
to the provision of such EZWebs.biz.
(g) Your membership in the EZWebs.biz Service and
any of your rights hereunder may not be assigned
or transferred to any third party. EZWebs.biz reserves
the right to assign this agreement to any third
party that acquires all or substantially all of
its relevant business or assets.
(h) The section titles in this Agreement are solely
used for the convenience of the parties and have
no legal or contractual significance.
(i) You represent and warrant that you are over
the age of 18 years, have read this Agreement,
and agree to be bound by its terms and conditions.
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