1. THIS IS AN AGREEMENT BETWEEN YOU AND SITEINYOURNAME.COM
This is an agreement ("Agreement") between you and SiteInYourName.com (or, if applicable based on where you live, one of its affiliates) ("SiteInYourName.com"). This Agreement governs your use of any Web site or Web page operated by SiteInYourName.com. You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
SITEINYOURNAME.COM OFFERS THE WEBSITE BUILDING SOFTWARE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE WEBSITE BUILDING SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW SITEINYOURNAME.COM MAY MODIFY THIS AGREEMENT
SiteInYourName.com reserves the right to change the terms, conditions, and notices under which it offers the Our Websites s, including any charges associated with the use of OUR Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Our Websites. Your continued use of the Our Websites s after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any Our Websites may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Our Websites , including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a Our Websites, then the terms in this Agreement shall control.
4. NO UNLAWFUL OR HARMFUL USE OF THE OUR WEBSITES
The Our Websites are only for your legal personal and business use only. You will not use Our Websites for any illegal commercial purposes. You will not use the Our Websites in any way that is unlawful, or harms SiteInYourName.com, its affiliates, resellers, distributors, service providers and/or suppliers (each, a " SiteInYourName.com Party" and collectively, the " SiteInYourName.com Parties") or any customer of a SiteInYourName.com Party, as determined in SiteInYourName.com's sole discretion. SiteInYourName.com may tell you about certain specific harmful uses in a code of conduct or other notices available through a Our Websites, but has no obligation to do so. You may not use the Our Websites in any way that breaches any code of conduct, policy or other notice applicable to the Our Websites. Without limiting the generality of this section, you may not use the Our Websites s in any manner that could damage, disable, overburden, or impair any Our Websites (or the network(s) connected to any Our Websites ) or interfere with any other party's use and enjoyment of the Our Websites. Your website would be temporarily or permanently blocked and you will not be refunded any money paid to us under such a condition. We are not liable for any misuse of our software though we will try to take every care to prevent illegal use.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use the Our Websites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the Our Websites in any way that violates the SiteInYourName.com Anti-Spam Policy. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. SiteInYourName.com may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the Our Websites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Our Websites even if such e-mail does not violate the Anti-Spam Policy. Your website would be temporarily or permanently blocked and you will not be refunded any money paid to us under such a condition.
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to SiteInYourName.com related to the Our Websites s (a "Submission"), you grant SiteInYourName.com permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Our Websites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. SiteInYourName.com will not pay you for your Submission. SiteInYourName.com may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, SiteInYourName.com may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the SiteInYourName.com Parties or any customer of a SiteInYourName.com Party.
7. USE OF THIS SOFTWARE
Your use of any software associated with the Our Websites s will be governed by the terms and conditions of the end user license agreement accompanying such software. SiteInYourName.com reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. SiteInYourName.com or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. SiteInYourName.com may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the Our Websites.
8. INFORMATION AVAILABLE FROM THE OUR WEBSITES
SiteInYourName.com and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the Our Websites including stock quotes, even if such information appears in any e-mail, pager, cell phone or other alerts available through the Our Websites . SiteInYourName.com and its suppliers do not authorize the use of information available from the Our Websites including stock quote or other financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. SiteInYourName.com is not a broker/dealer or registered investment advisor and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the Our Websites constitute an offer or solicitation to buy or sell any security. SiteInYourName.com does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the Our Websites s is intended to constitute professional advice, including but not limited to, investment or tax advice.
9. SITEINYOURNAME.COM MAKES NO WARRANTY
SITEINYOURNAME.COM PROVIDES THE OUR WEBSITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITEINYOURNAME.COM PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE SITEINYOURNAME.COM PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE OUR WEBSITES S WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY SITEINYOURNAME.COM PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE OUR WEBSITES, EVEN IF SUCH SITEINYOURNAME.COM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE OUR WEBSITES S, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY SITEINYOURNAME.COM PARTY WITH RESPECT TO THIS AGREEMENT OR THE OUR WEBSITES S, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE OUR WEBSITES.
11. CHANGES TO THE OUR WEBSITES; ADDITIONAL LIABILITY LIMITATION
THE SITEINYOURNAME.COM PARTIES MAY CHANGE CONTENT ON OUR WEBSITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the Our Websites , you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by SiteInYourName.com and persons other than SiteInYourName.com (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE SITEINYOURNAME.COM PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT SITEINYOURNAME.COM IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE OUR WEBSITES S, (2) ANY INCOMPATIBILITY BETWEEN THE OUR WEBSITES S AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE OUR WEBSITES S IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE OUR WEBSITES S. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
12. TERMINATION; ACCESS RESTRICTION
SiteInYourName.com may terminate this Agreement, or terminate or suspend your access to the Our Websites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Our Websites s will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE OUR WEBSITES S MAY NOT BE RETRIEVED LATER. You will not be entitled to any refunds in such event other than the refunds pertaining to the first 15 days trial period use of the website software.
13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with SiteInYourName.com Corporation, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the Mumbai, India, without reference to conflict of laws principles. If this Agreement is with a SiteInYourName.com affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such SiteInYourName.com affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in India, or, if you reside outside India, under the laws of the country to which the subject Our Websites are directed. If this Agreement is with SiteInYourName.com , you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Mumbai, India in all disputes arising out of or relating to the use of the Our Websites. If this Agreement is with a SiteInYourName.com affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such SiteInYourName.com affiliate in all disputes arising out of or relating to the use of the Our Websites s.
14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. SiteInYourName.com may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Our Websites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and SiteInYourName.com with respect to the Our Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SiteInYourName.com with respect to the Our Websites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND SITEINYOURNAME.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE OUR WEBSITES S MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the Our Websites s are Copyright © 2005 SiteInYourName.comand/or its suppliers, One SiteInYourName.com , Goregaon, Mumbai ,India. All rights reserved.
SiteInYourName.com logo, SiteInYourName.com products and services referenced herein may also be either trademarks or registered trademarks of SiteInYourName.com in the India and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.