| HaloSites, Inc..
Web Site Terms of Use Agreement
Thank you for visiting www.halosites.com (the "Site").
HaloSites, Inc. and its affiliates ("HaloSites") provide
the content and materials on this Site as an information service.
By accessing and using the Site, you are agreeing to be legally
bound by and comply with the terms contained in this Terms of Use
Agreement ("Agreement"). If you do not agree to these
terms, you should refrain from viewing information on or obtaining
documents from this Site.
1. General.
By using the Site, you, the user of the Site ("User"),
are subject to these Terms of Use. User may not use the Site for
any unlawful purpose. HaloSites may change the terms in this Agreement
at any time. The changes will appear in this Agreement, and User's
use of the Site after the posting of any changes will constitute
User's agreement to the modified terms. Therefore, User should read
these Terms of Use each time before User accesses the Site. User
may print a copy of the Terms of Use Agreement for reference.
2. Modifications of Site.
User understands and agrees that HaloSites may discontinue or change
the Site at any time, without notice. Also, User understands and
agrees that HaloSites may discontinue or restrict User's use of
the Site for any reason without notice.
3. Custom Content and Site Designs.
The content displayed or developed for use with or by HaloSites
is and will remain the property of HaloSites, and is protected by
U.S. and international copyright and other intellectual property
laws. We reserve the right to keep and protect all source code,
files and custom work as to limit reuse by other parties or competitors.
All custom site designs or artwork ("logos, headers, icons")
remains the property of HaloSites and can only be used in conjunction
with HaloSites tools and packages. In the event of cancellation
the artwork remains the use of HaloSites. Developed custom work
("code, headers, designed graphics") may only be displayed
during subscription period and can not be used for any other means
unless with the written permission of HaloSites President. Payment
for custom header must be made in full before any work will begin
and there is no refund once the custom process has began or check
is received.
4. Copyright Protection.
The content displayed on the Site ("Content") is the property
of HaloSites, and is protected by U.S. and international copyright
and other intellectual property laws.
5. Content Use Limitations.
User agrees not to copy, reproduce, modify, display, perform, publish,
create derivative works from, or store any Content on the Site.
User also agrees not to distribute, transmit, broadcast or circulate
any Content to others, without the express prior written consent
of HaloSites, except User may, on an occasional and irregular basis,
reproduce, distribute, display or transmit an insubstantial portion
of such Content, for a noncommercial purpose and without charge,
to a limited number of individuals, provided User includes all copyright
and other proprietary rights notices with that portion of the Content,
in the same form in which the notices appear on the Site, and the
phrase "Used with permission from HaloSites."
User may not post any Content to forums, newsgroups,
mail lists, electronic bulletin boards, or other web sites, without
the prior written consent of HaloSites. Use of all Site Content
is for non-commercial purposes only.
HaloSites's Content includes information, tips, facts,
online tools, help files, manuals, views, and opinions HaloSites
deems worthy of publication. HALOSITES DOES NOT GIVE TECHNICAL,
BUSINESS, OR ANY OTHER PROFESSIONAL ADVICE THROUGH OR IN CONNECTION
WITH THE SITE.
6. Trademarks.
The Site contains trademarks and trade names of HaloSites. Third
party trademarks and trade names are the property of their respective
owners.
7. Links to Other Sites.
The Site contains hyperlinks to web sites operated by third parties.
These hyperlinks are provided for the benefit of the users of the
Site. A hyperlink to a third party web site does not imply that
HaloSites endorses the content on or the business of the hyper linked
web site. User is solely responsible for determining the integrity
and reliability of the information on the hyper linked web site.
8. Payment Policies for services.
Credit card payments are the primary means by which HaloSites operates
and payments are recorded and processed on the first day of service
to user/customer. Each month following on that date the clients
card will be billed based on the package that the client is using
at that time. Once a payment has been received for the month it
will not be refunded or returned even in the event of cancellation.
Cancellations must be made prior to the payment processing for that
given month.
In the event the client does not have a credit card
a client may pay 6 months in advance including any additional fees
such as setup fees. Once the check has been made to HaloSites there
will be no refund even in the event of cancellation by client. Any
client paying by check, cash or any means other than credit card
will be responsible for paying in advance for service or face service
interruptions.
If the client chooses to purchase additional custom
work then the client must send payment in advance for the full amount
of the custom work as quoted by HaloSites Staff. Any amount received
will not be refunded as the custom process has started at the time
the customer sends payment to HaloSites.
In the event that a client(s) account incurs additional
changes those changes can be billed directly to the credit card
on file or client will receive an invoice for those charges.
Any charge incurred by HaloSites due to a credit card
dispute, in that HaloSites is found to be not guilty by the credit
card company will be passed to the customer and billed back to the
credit card on file. The average charge back cost is around $50
and will become the responsibility of the customer to pay. HaloSites
will charge back the credit card on file for any unwarranted charge
backs billed to us because of any dispute by the client. Therefore
we recommend that you contact our office about any charges before
contacting your credit card company.
9. Limitation of Liability.
BY USING THE SITE, USER IS AGREEING THAT UNDER NO CIRCUMSTANCE WILL
HALOSITES BE RESPONSIBLE FOR ANY INFORMATION CONTAINED IN, DISPLAYED
ON OR OMITTED FROM THE SITE; ANY PERSON'S RELIANCE ON ANY SUCH INFORMATION,
WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT OR COMPLETE;
THE CONSEQUENCES OF ANY ACTION USER OR ANY OTHER PERSON TAKES OR
FAILS TO TAKE BASED ON INFORMATION PROVIDED BY OR AS A RESULT OF
THE USE OF THE SITE.
USER SPECIFICALLY AGREES THAT HALOSITES IS NOT LIABLE
FOR ANY CONDUCT BY USER ASSOCIATED WITH THE SITE, INCLUDING, BUT
NOT LIMITED TO, ACTIVITIES RELATING TO DATABASES, DIRECTORIES, COMMUNITIES,
RESUMES, USER PROFILES, SURVEYS, CHAT ROOMS, MESSAGE BOARDS OR OTHER
SERVICES CURRENTLY OFFERED OR THOSE SERVICES THAT WILL BE OFFERED
IN THE FUTURE.
IN NO EVENT SHALL HALOSITES BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE
USE OR THE INABILITY TO USE THE SITE, OR FROM ANY GOODS OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR
ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY,
EVEN IF HALOSITES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT HALOSITES IS FOUND LIABLE, ITS LIABILITY TO USER OR
ANY THIRD PARTIES IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
10. Indemnity.
User agrees to indemnify HaloSites against any and all claims and
expenses, including attorneys' fees, arising from the User's use
of the Site or breach of the Agreement.
11. Revocation of Access.
HaloSites reserves the right to revoke User's access to the Site
or any use authorizations relating to the Site granted to User.
12. User Input.
All electronic mail or communications provided by User to HaloSites
may be used by HaloSites for any purpose without compensation to
the contributor, subject to HaloSites's web site privacy policy.
13. Applicable Law.
User acknowledges that the Content contained in this Site is controlled
in and originates from the United States. HaloSites makes no representation
that any of the Content is appropriate or available for use in other
locations. HaloSites has no responsibility for any access to this
web site from territories where the Content may be illegal or otherwise
prohibited. Users who choose to access his Site from other locations
do so at their own risk and are responsible for compliance with
applicable local laws. Any claim relating to the use of Site and
any Content shall be governed by the internal substantive laws of
the State of South Carolina, without regard to its conflicts of
laws rules. User expressly consents to the jurisdiction of the state
and federal courts of South Carolina for any such claim.
14. License Grant
HaloSites grants you a revocable, non-transferable, non-exclusive,
non-sub licensable right and license to access and use the Services,
provided you do not (nor allow any third party to) copy, modify,
create a derivative work of or reverse engineer any part of the
Services.
15. Disclaimer of Warranties.
Although HaloSites strives to provide high quality Content, HaloSites
does not guarantee or warrant the accuracy, completeness or timeliness
of the Site Content.
USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF
THE INFORMATION FROM THE SITE IS AT USER'S SOLE RISK. THE CONTENT
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. HALOSITES EXPRESSLY DISCLAIMS TO THE USER 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. HALOSITES MAKES NO WARRANTY THAT THE
CONTENT WILL MEET USER'S REQUIREMENTS, OR THAT ACCESS TO THE SITE
AND THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE; NOR DOES HALOSITES MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY
OR RELIABILITY OF ANY CONTENT. USER UNDERSTANDS AND AGREES THAT
ANY DOCUMENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THIS INFORMATION SERVICE IS DONE AT USER'S OWN DISCRETION
AND RISK AND THAT USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
SUCH MATERIAL AND/OR DATA. HALOSITES MAKES NO WARRANTY REGARDING
ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY SITE.
NO INFORMATION OBTAINED BY USER FROM THE SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO USER.
16. Disclaimer of DNS and Domain Control
HaloSites will not hold or keep a domain of any client that wishes
to transfer or cancel their services with HaloSites unless the client
has an outstanding balance. Once balance is clear the domain will
be released to the client or person who is the admin contact for
the account.
If a client wishes to keep his or her domain and manage
it then they will be responsible for renewing the domain on time
and managing all DNS entries as well as any other administration
of the domain. HaloSites will not be responsible for any downtime
for clients managing their own domains.
This policy was last updated on November 20,
2003.
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