Handzon - Live Website Builder LLC. MEMBER SERVICE AGREEMENT
1. Registration and Use. Welcome to Live Website Builder LLC. ("LWB") AKA Handzon. LWB shall provide you with access to LWB's automated website creation program which you can use to generate your own website ("The Program"), hosting of the website you create using The Program, Domain name aliasing, an ecommerce shopping cart, and access to a 24 hour / 7 day online control panel (hereinafter, collectively called "Service"), pursuant to the terms and conditions embodied in this Agreement (the "Agreement"). Email (per mailbox), SSL (Yearly), additional storage (beyond chosen package), and Phone support (Maximum e-Commerce, up to 8 hours monthly), will be billed separately on the anniversary of the date of each service.
LWB may, from time to time, notify you of changes or additions to this Agreement, and your continued use of the Service, after LWB so notifies you will signify that you agree to such changes or additions. You agree that this Agreement is personal to you and that you will not knowingly allow other individuals and/or entities to use your login name or password to access your LWB account (the "Account") without prior written approval from LWB. You may not resell or redistribute including, without limitation, all and/or any portion of the "LWB" services, "LWB" technology, "LWB" content, "LWB" web pages, "LWB" Shared SSL, content, tools and/or products provided to you by LWB, nor provide access to your "LWB" Account to any third party for financial gain. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING LWB. By checking the box "I Accept" during signup and clicking on the "AGREE AND CONTINUE" button, you agree to accept the terms and conditions contained in this Agreement pursuant to the Millennium Digital Commerce Act of 2000.
Millennium Digital Commerce Act of 2000 AKA Electronic Signatures bill (identified by CRS)
Public Law No: 106-229
More information on the Electronic Signatures bill, see link below.
If you do not wish to accept this agreement, do not proceed with the registration for any LWB / Handzon Services.
By registering as a Member of LWB, you agree to use the Service in a manner consistent with all applicable laws and regulations (Millennium Digital Commerce Act of 2000, Public Law No: 106-229), in accordance with the terms and conditions outlined herein, and YOU WILL BE ACKNOWLEDGING THAT YOU HAVE AGREED TO BECOME A PARTY TO, AND TO BE LEGALLY BOUND BY, THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
2. Fees and Payment. All rates and prices located at http://www.handzon.com//index.php?fuseaction=signup.pricing are quoted herein are in U.S. Dollars. Regardless of whether or not you use LWB's services, technologies, tools and/or products, LWB will charge you for your LWB account unless written notification is sent requesting cancellation, by logging into your LWB / Handzon account and submitting a ticket requesting said cancellation along with your customer ID, phone calls will not be accepted as notice of cancellation.
Any and all charges will appear on your monthly credit card statement. By clicking the accept button, you are authorizing LWB to charge your credit card based on your initial subscription term of each package: [Free] one month, one month, three months, six months, one year, unless written notification is sent requesting cancellation, by logging into your LWB / Handzon account and submitting a ticket requesting said cancellation along with your customer ID, phone calls will not be accepted as notice of cancellation.
Current charges are not prorated upon cancellation and/or termination. On any amounts not paid when due, you agree to pay interest at the highest rate allowed by law. A Twenty Dollar ($20) collection fee will be charged for all dishonored checks. A Fifteen Dollar ($15) fee will be assessed if a) your credit card denies payment because of an invalid credit card number or the account has insufficient funds and/or b) your account is restarted because of termination due to non-payment and/or c) your account is cancelled for any other reason and/or d) your credit card denies payment because of any other reason. LWB reserves the right to change its fees at any time for any reason after the completion of agreed subscription terms, provided, however, that whenever possible, LWB will give you reasonable notice of such change. From time to time, LWB may add or modify including, without limitation, certain services, technology, SSL, Email, content, tools and/or products relating to the Service, and LWB reserves the right to charge you additional or different fees in consideration for providing, including, but not limited to, such new or modified services, technology, content, SSL, Email, content, tools and/or products to you. Free accounts are limited to one account per user, per IP address, per username, and per email address. The creation of multiple websites sharing the same content will be forbidden. All free websites that are identified with using these spam practices are terminated without notice. You are required to login to your 1 Free created website once monthly to maintain your free membership. You will also be liable for all attorney and collection fees arising from efforts to collect any unpaid balances on your Account. You understand that any fees, annual or monthly charges are non-refundable.
3. Internet Connectivity Not Provided. You are responsible for obtaining Internet connectivity to access LWB, (AOL, Earthlink Comcast etc.), to send and receive email, and to otherwise access the Internet. YOU UNDERSTAND AND AGREE THAT ON OR THROUGH LWB, AND/OR THE SERVICE, UNCENSORED ACCESS TO MATERIALS ON LWB's WEBSITE, LWB's SERVERS, AND THE INTERNET, CREATED AND MAINTAINED BY OTHER MEMBERS AND/OR THIRD PARTIES, IS POSSIBLE. LWB EXERTS NO EDITORIAL CONTROL OVER SUCH MATERIALS, PORTIONS OF WHICH MAY BE CONSIDERED SEXUALLY EXPLICIT, OBSCENE OR OTHERWISE OFFENSIVE. IN NO EVENT SHALL LWB BE LIABLE TO ANY PERSON OR ENTITY, EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO ANY MATERIALS THAT YOU, OTHER MEMBERS, AND/OR THIRD PARTIES ACCESSED THROUGH LWB AND/OR THAT ARE RESIDING ON LWB's WEBSITE AND/OR LWB's SERVERS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET GENERALLY. LWB DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN YOUR, ANY AND ALL MEMBERS', AND/OR ANY AND ALL THIRD PARTY MATERIALS PROVIDED THROUGH LINKS FROM THE INTERNET, MEMBERS' SITES, AND/OR RESIDING ON LWB's WEBSITE AND/OR SERVERS.
4. Termination of Service. You may terminate your Account by providing written notification sent requesting cancellation, by logging into your LWB / Handzon account and submitting a ticket requesting said cancellation along with your customer ID, phone calls will not be accepted as notice of cancellation. But you will remain liable for all charges accrued (see "Fees and Payment") until your password has been deactivated, including full monthly charges for the month during which the Termination Date occurred. LWB may modify, suspend or terminate this Agreement or the Account AT ANY TIME AND FOR ANY REASON without prior notice to you, and without refunding any fees you have paid to LWB. LWB reserves the right to require you to change your login name or password, and to delete, including without limitation, any and/or all files associated with the Account upon termination of this Agreement, including, but not limited to any and all files, links, content, and/or data that is stored.
5. Disclaimers of Warranty. LWB's SERVICES, TOOLS, TECHNOLOGIES, CONTENT, SSL, EMAIL AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOUR USE OF SAME, IS ENTIRELY AT YOUR OWN RISK. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, LWB's WEB SITE, AND THE INTERNET GENERALLY. SHOPPING CART SOFTWARE ARE SHARED, ALL LWB CUSTOMERS CAN PURCHASE THEIR OWN SSL CERTIFICATES AND SHOPPING CARTS TO CONNECT TO THE LWB APPLICATION AS NEEDED BUT IS NOT SUPPORTED. IT IS ALSO SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, USEFULNESS OR VALIDITY OF ALL OPINIONS, ADVICE, SERVICE, PROMOTIONS, ADVERTISEMENTS, AWARDS, PRIZES OR OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED BY, ON OR THROUGH LWB, LWB's SERVERS, OR ON THE INTERNET GENERALLY. NEITHER LWB, NOR ITS AFFILIATES OR SUBSIDIARIES, MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO LWB, THE SERVICE, OR ANY AND ALL MERCHANDISE, INFORMATION, PRODUCT OR SERVICE PROVIDED BY, ON OR THROUGH LWB, LWB's MEMBERS' WEB SITES, OR ON THE INTERNET GENERALLY, OR AS TO THE ACCURACY, QUALITY, COMPLETENESS, TITLE, NON INFRINGEMENT, OWNERSHIP, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE OF ANY MATERIALS ACCESSED ON OR THROUGH THE SERVICE AND/OR LWB AND/OR LWB's web site. LWB HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. LWB DOES NOT WARRANT THAT THE SERVICES, PRODUCTS, CONTENTS, TOOLS, AND TECHNOLOGIES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
6. Limitation of Liability. LWB WILL NOT BE RESPONSIBLE TO YOU, AND/OR THIRD PARTIES, UNDER ANY CIRCUMSTANCES, FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR LOSSES, WHICH YOU, AND/OR THIRD PARTIES, MAY INCUR IN CONNECTION WITH YOUR, AND/OR LWB's, AND/OR LWB's MEMBERS', AND/OR THIRD PARTIES', WEB SITES, PRODUCTS, CONTENTS, SERVICES, TOOLS, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED BY, THROUGH OR RESIDING ON LWB, AND/OR LWB's WEB SITES AND/OR SERVERS, OR ON THE INTERNET GENERALLY, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF LWB HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IN NO EVENT SHALL LWB's LIABILITY FOR ANY DIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR LWB EXCEED FIFTY-FIVE DOLLARS ($55.00). THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY. You understand that if you become dissatisfied with the Service, your sole and exclusive remedy will be to discontinue the Service in accordance with Section 4 of this Agreement.
You understand, warrant, represent guarantee, and agree that LWB will not be liable to any third parties for any reason, whether foreseeable or not, including without limitation, damages for loss of profits, loss of income or earnings, loss of business opportunities, injury or other loss or damage resulting directly or indirectly out of or in connection with the Service, or through the use of your web site. The foregoing shall apply despite any negligence, misconduct, errors or omissions by LWB, including without limitation, its employees, representatives, agents or technical operations. You assume sole responsibility for: (a) acquiring any authorizations necessary to use the intellectual property (including, without limitation, copyrights, patents, and/or trademarks) or information of third parties; (b) acquiring any authorizations necessary for hypertext links to third party web sites; (c) the accuracy of any materials you exhibit on your web site, including, without limitation, web site content, descriptive claims, warranties, guarantees, nature and your contact information; and (d) ensuring that your web site content does not infringe or violate the intellectual property rights or any other right of any and all third parties. You warrant, represent, and agree that LWB shall have no liability and shall be held harmless from any and all content, goods and services available through your web site, and/or the quality and/or accuracy of any information contained therein and/or stored credit card numbers. LWB does not, nor will it endorse, warrant or guarantee any product or service offered through your web site, and will not be a party to or in any way monitor any transaction between you and third party purchasers of products or services resulting from the Service or use of the web site, including, without limitation, all sales of goods or services, credit card transactions, credit card number security, banking or securities transactions, or any business, service or merchandising agreements. LWB DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES TO THIRD PARTY USERS OF YOUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
7. Privacy. You hereby acknowledge, represent, warrant and agree to be bound by LWB's Privacy Statement located at http://www.Handzon.com/Privacy-policy.html, incorporated herein as if fully set forth here at. You hereby agree and acknowledge that to the extent you gather any personal information about visitors to your web site, you will not share that personal information with any and all third parties without first obtaining that visitor's consent.
8. System Rules. You agree to be bound by rules that are important for the proper use of the Service. Your failure to follow these rules, whether set out in this Agreement, or in bulletins posted at various points by LWB, may result in LWB terminating this Agreement and your Account. You represent, warrant, guarantee and agree to obey the following rules: (i) except as otherwise provided herein, you will not tell others your password or let your Account be used by anyone except yourself, (ii) you will not attempt to, or cause others to attempt to, log in more than once at the same time on your Account without specific permission from LWB; (iii) your web site will not contain, nor exhibit, nor will you post, transmit, receive, offer to sell or buy, or buy or sell any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, discriminatory, racist, hateful, bigoted, pornographic, profane or otherwise objectionable information, service, technology, or product of any kind; (iv) you will not upload, sell, buy, exhibit, offer to buy, offer to sell, post, publish, transmit, reproduce, or distribute in any way, information, software, and/or other material which is protected by copyright, trademark, domain registration right, trade secret, patent, and/or other proprietary right, without obtaining permission of the owner of such rights; (v) you will not use our Service to a) commit a crime, and/or to plan, encourage or help others to commit a crime, and/or b) in violation of any federal, state, county, and/or municipal laws, regulations, governmental agency orders, and/or court orders; (vi) you will not solicit, exhibit, post, transmit or receive requests for money, petitions for signature, chain letters or letters relating to pyramid schemes; (vii) you will not, including but not limited to, exhibit, post, transmit or receive, nor shall your web site contain, any advertising, promotional materials or any other form of solicitation from or relating to the products and/or services of third parties and/or other members of the Service (in LWB's sole discretion, will allow you to advertise your product and/or your service on your web site and/or by, through, or on the Service and/or LWB, but LWB reserves the right, in LWB's sole discretion, to determine whether such exhibition, post, transmission or reception constitutes an advertisement, promotional material or any other form of solicitation is of "your product" and/or "your service."); (viii) you will not post a single item to more than twenty (20) mailing lists or other similar groups or lists; (ix) you will not post to any newLWBroup or mailing list or other similar groups or lists, items which are off-topic (e.g., off-topic according to the charter of the newLWBroup or mailing list or other similar groups or lists or if the item provoked complaints from regular readers of the newLWBroup or mailing list or other similar groups or lists for being off-topic); (x) you will not send unsolicited mass e-mailings; (xi) you will not violate the terms and conditions and operating rules of any other interactive service, including, without limitation, other mailing lists or other similar groups or lists and World Wide WEB SITES; (xii) you will not post or transmit any private e-mail to any mailing list or other similar groups or lists without the explicit approval of the sender; (xiii) you will not impersonate another user or otherwise falsify one's user name in e-mail or in any post or transmission to any mailing list or other similar groups or lists; (xiv) you will not engage in the wide-scale distribution of messages, including bulk e-mail or unsolicited spam e-mail, or wide-scale distribution of messages to inappropriate mailing lists, news groups, or other public or private forums; (xv) you will not engage in the propagation of computer worms or viruses; (xvi) you will not use the Service to make unauthorized entry to other computational, information, or communications devices or resources, including, without limitation, unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission. Free accounts are limited to one account per user, per IP address, per username, and per email address. The creation of multiple websites sharing the same content will be forbidden. All free websites that are identified with using these spam practices are terminated without notice. You are required to login to your 1 Free created website once monthly to maintain your free membership.
9. Indemnity. You agree to defend, indemnify and hold harmless LWB and its officers, directors, employees, affiliates and subsidiaries from and against, including, without limitation, any and all claims, proceedings, damages, injuries, liability, losses, costs and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to any acts by you or materials, products, services or information exhibited, transmitted or received by you in connection with the Service, regardless of the type of claim or nature of the cause of action. You agree to indemnify, defend, save and hold harmless LWB and its officers, directors, employees, affiliates and subsidiaries from and against, including, without limitation, any and all claims, proceedings, damages, injuries, liability, losses, costs and expenses (including, without limitation, reasonable attorneys' fees) that arise from the breach of, or are inconsistent with, the warranties, representations, guarantees and/or agreements made by you in this Handzon.com Member Service Agreement.
10. Proprietary Rights. By, including, without limitation, posting messages, uploading files, inputting data, or engaging in any form of communication whatsoever (collectively, "Member's Property"), by, on, in or through LWB and/or the Service, you are granting to LWB a perpetual, worldwide license (the "License") to use, copy, modify, adapt or document such Member's Property. LWB shall use Member's Property in conjunction with providing, promoting, distributing or otherwise exploiting the Service. The License does not, however, grant LWB any ownership rights in or to Member's Property. You shall have no recourse against LWB for any alleged or actual infringement of any proprietary rights to which you may claim ownership. LWB, our clients, or our suppliers own all rights, title and interest in and to all components of the Service, but expressly excluding content owned by third parties and/or other Members, that may be accessible through the Service and/or the Internet generally. LWB's ownership rights in the Service include, but are not limited to, The Program, the look and feel of the end-user interfaces and WebPages created by The Program, the WebPages created by The Program (including, but not limited to the graphics, art, text, music, and/or video contained therein, but excluding Member's Property), the name of the Service, and the collective works consisting of including, without limitation, all public messages, tools, content, text, art, products and services on LWB. You may not reproduce anything from our Service without our permission. In addition, you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble (i) any aspect of the Service which we, our customers, or our suppliers own, or (ii) any service, information or materials supplied by a third party content provider and which you may access through LWB.
11. Miscellaneous. Paragraphs five (5), six (6), seven (7), eight (8), nine (9), ten (10) and eleven (11) shall survive any termination of this Agreement. This Agreement constitutes the entire agreement between LWB and you with respect to the Service and all prior agreements, negotiations, understandings, representations and/or understandings are merged herein. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in Broward County, Florida. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises. If any provision of this Agreement is declared invalid by any tribunal, then such provision shall be deemed automatically adjusted to conform to the requirements for validity as declared at such time and, as so adjusted, shall be deemed a provision of this Agreement as though originally included herein. In the event that the provision invalidated is of such a nature that it cannot be so adjusted, the provision shall be deemed deleted from this Agreement as though the provision had never been included herein. In either case, the remaining provisions of this Agreement shall remain in full force and effect. You may not assign your rights under this Agreement or delegate your obligations hereunder without the prior written consent of LWB, but LWB may assign its rights and/or delegate its duties hereunder without your consent. This Agreement may not be modified or amended except by a written document signed by the party against whom enforcement is sought. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular shall include the plural, the plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. The prevailing party in any litigation, arbitration or mediation relating to this Agreement shall be entitled to recover its reasonable attorneys' fees from the other party for all matters, including, but not limited to, appeals. The parties agree there shall be no rule, law and/or presumption applied to this Agreement requiring construction of any and all ambiguities that may be contained herein against the maker or drafter.