Two easy steps to a Bright Ideas Computing Basic, Professional, or SiteBuilder hosting account:
1.
You must agree to the following Terms of Service.
2. Click the
"Sounds
Good To Me" button to send us an agreement email.
NOTES:
You may need to temporarily turn off your pop-up blocker for the button to generate an email.
Call us at 830-895-5016 if you are unable to generate an agreement email.
We will then contact you to help get your account started.
We cannot create your account unless you send us an agreement email or a signed letter attesting that you agree to these terms.
Basic,
Professional or SiteBuilder Hosting Terms of Service
1. Acceptance of Terms
This
is a legal agreement ("Agreement") between you, the user, together with
any company or other business entity you are representing, if any
(collectively, the "Member") and Bright Ideas Computing ("Bright Ideas
Computing"). This Agreement governs the access and use of all products
and Basic, Professional, or SiteBuilder Services, including but not
limited to Bright Ideas Computing Web Sites, for which Member registers
and which are provided by or through any web site or co-branded web
site owned or controlled by Bright Ideas Computing, or any successor
web sites (collectively, the "Basic, Professional, or SiteBuilder
Hosting Service"). IF
MEMBER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE,
USE OR ACCESS THE Basic, Professional, or SiteBuilder Hosting Service.
The
Basic, Professional, or SiteBuilder Hosting Service is offered to
Member conditioned upon Member's acceptance without modification of
this Agreement. Member acknowledges that, from time to time, it may be
necessary for Bright Ideas Computing to update or revise certain
provisions of the Agreement. By signing up for any Bright Ideas
Computing Basic, Professional, or SiteBuilder Hosting Service and
accepting this Agreement, Member agrees that Bright Ideas Computing may
change the terms of the Agreement in its sole discretion without
specific notice to Member. If Member does not agree to the changes
proposed by Bright Ideas Computing, or to any terms in this Agreement,
Member's sole and exclusive remedy is to cancel Member's Bright Ideas
Computing Basic, Professional, or SiteBuilder Hosting Service
("Member's Account"). Notwithstanding the foregoing, Bright Ideas
Computing reserves the right to cancel, suspend or refuse access to the
Basic, Professional, or SiteBuilder Hosting Service to anyone in its
sole discretion. Unless explicitly stated otherwise, any new features
or products that change, augment or enhance the current Basic,
Professional, or SiteBuilder Hosting Service shall be subject to this
Agreement.
2. General
Use of the Basic, Professional, or SiteBuilder Hosting Service
Member
shall not use the Basic, Professional, or SiteBuilder Hosting Service,
in whole or in part, for any purpose that is unlawful or prohibited by
this Agreement. Member agrees that Member will not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, frame in another web page, use on any
other Web site or product, transfer, or sell any information, software,
lists of users, databases or other lists, products or Basic,
Professional, or SiteBuilder Hosting Services provided through or
obtained from the Basic, Professional, or SiteBuilder Hosting Service
other than for use as contemplated in any Basic, Professional, or
SiteBuilder Hosting Service, including but not limited to the creation
or operation of Member created Web sites, (collectively, "Member
Site")in accordance with this Agreement. This means, among other
activities, that Member agrees not to engage in the practices of
"screen scraping", "database scraping", or any other activity with the
purpose of obtaining lists of users or other information. Member agrees
that Member will not use the Basic, Professional, or SiteBuilder
Hosting Service in any manner that could damage, disable, overburden,
or impair the Basic, Professional, or SiteBuilder Hosting Service or
interfere with any other party's use and enjoyment of the Basic,
Professional, or SiteBuilder Hosting Service. Member may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Basic,
Professional, or SiteBuilder Hosting Service. Except with the written
permission of Bright Ideas Computing, Member agrees that Member will
not access or attempt to access password protected, secure or
non-public areas of the Basic, Professional, or SiteBuilder Hosting
Service. If Member attempts to access prohibited areas of the Basic,
Professional, or SiteBuilder Hosting Service, Member may be subject to
prosecution.
3. Charges
Billing and Advertisements
Bright Ideas Computing
reserves the right to charge fees for the Basic, Professional, or
SiteBuilder Hosting Service or any portion thereof and any applicable
fees will be posted on the Bright Ideas Computing Web Site. Member's
Basic, Professional, or SiteBuilder Hosting Service and Account will
automatically renew at the end of each subscription period, unless the
Basic, Professional, or SiteBuilder Hosting Service or Member Account
is terminated in advance of the end of the then-current term. If there
are any annual, monthly or similar periodic subscription fees
associated with the Member Account, these fees will become due and
payable at the start of each renewal period, unless Member terminates
the Basic, Professional, or SiteBuilder Hosting Service before the
relevant period begins. If Member registered for the Basic,
Professional, or SiteBuilder Hosting Service using a Bright Ideas
Computing promotional discount, after the initial promotional period
expires, Member's subscription (base package and any purchased
upgrades) will automatically be renewed and billing will continue at
the then-current prices for the Basic, Professional, or SiteBuilder
Hosting Service. All fees shall be paid in U.S. dollars. Bright Ideas
Computing shall consider ownership of an account and its constituent
site(s) to be the identity of the person providing payment; or for free
trial sites, the identity of the person registered for the trial period.
Bright
Ideas Computing reserves the right to change any fees (which includes
but is not limited to, increasing prices and charging a fee for
upgrades and/or a Basic, Professional, or SiteBuilder Hosting Service
for which Bright Ideas Computing does not currently charge a fee) at
any time, provided, however, that Bright Ideas Computing will provide
Member with reasonable notice prior to making any fee changes. In
addition, Bright Ideas Computing will also give Member reasonable
notice before any modification to the Basic, Professional, or
SiteBuilder Hosting Service that could adversely impact Member's
Site(s). If Member finds any change to the Basic, Professional, or
SiteBuilder Hosting Service to be unacceptable, Member is free to
cancel any part of the Basic, Professional, or SiteBuilder Hosting
Service or Member's Account at any time, but Bright Ideas Computing
will not refund any remaining portion of Member's prepaid fees when
Member cancels any part of the Basic, Professional, or SiteBuilder
Hosting Service or Member's Account and Member may be charged a
cancellation fee.
Member agrees to pay Member's
Account balance on time. Member also agrees to pay any taxes, including
sales or use taxes, resulting from Member's use of the Basic,
Professional, or SiteBuilder Hosting Service. Member is responsible and
liable for any fees, including attorney and collection fees, that
Bright Ideas Computing may incur in its efforts to collect any
remaining balances due from Member. This Section 3 shall in no way
limit any other remedies available to Bright Ideas Computing. Member
also acknowledges and agrees that Member will be billed for and will
pay any outstanding balances if Member cancels Member's Account or
Member's Account is terminated due to Member's breach of this
Agreement. Member must notify Bright Ideas Computing of any billing
problems or discrepancies within sixty (60) days after they first
appear on Member's credit card account statement. If Member does not
notify Bright Ideas Computing within sixty (60) days, Member waives any
right to dispute such problems or discrepancies.
If
Member has registered for a trial of a Basic, Professional, or
SiteBuilder Hosting Service ("Trial Period"), Member will have the
entire Trial Period within which to purchase the Basic, Professional,
or SiteBuilder Hosting Service Member is using in order to retain any
Member Content (as defined below) that is on the Member Site(s) that
Member built during the Trial Period. If Member has not purchased the
Basic, Professional, or SiteBuilder Hosting Service by the end of the
Trial Period, all of the Member Content will be deleted. Bright Ideas
Computing is not responsible for any damages to Member in the event
Member decide not to purchase the Basic, Professional, or SiteBuilder
Hosting Service and Bright Ideas Computing deletes the Member Content
after the Trial Period expires.
Bright Ideas
Computing may show advertisements on any portion of the Basic,
Professional, or SiteBuilder Hosting Service which it provides to
Members free of charge, excluding limited timed free trial accounts.
Please see section nine (9) of this Agreement for more information
regarding third party advertising content.
4. Bright Ideas Computing Support for
Basic, Professional, or SiteBuilder Hosting Accounts
General Support Basic,
Professional, or SiteBuilder Hosting Accounts
Bright
Ideas Computing offers Level-1 email support for the Plesk Control
Panel or their SiteBuilder Service. Members in good standing may submit
an
unlimited amount of support related questions or concerns by email to
support@bictx.com. Bright Ideas Computing does not provide
telephonic technical support under any circumstances. If you request
personal access to administer your own account, you are solely
responsible for consulting the provided help files in connection with
configuring your site, administering services, and managing your own
user accounts. The following is our guidelines and exceptions:
Bright Ideas Computing's support is limited to the physical functioning
of your site. Website HTML pages or CGI scripts you created are
your responsibility. Bright Ideas Computing can provide
troubleshooting services for application specific issues such as cgi,
perl, or html problems and are billed at our customary consultation
charges. Applications included in the "Applications Vault"
in your Plesk Control Panel are provided free-of-charge and
without any warranty of merchantability of any kind. Bright Ideas
Computing does not provide technical support of any kind for any
software packages contained in the Plesk Control Panel Application
Vault. You
agree that you assume the entire risk of their performance. If you
require any assistance with setting up any of these applications,
you may separately contract with us on a fee-based per-incident or
hourly
basis to perform such tasks as installation, configuration, or
troubleshooting.
5.
Member
Registration/Privacy Policy
In order for Member
to participate in the Basic, Professional, or SiteBuilder Hosting
Service, Bright Ideas Computing will require Member to provide specific
information about Member and/or and Member's business. If Member
chooses to become a customer, Member agrees to provide true, accurate
and complete information and to refrain from impersonating or falsely
representing Member's affiliation with any person or entity. Member
shall maintain a valid email address at all times. Member shall be
responsible for maintaining the confidentiality of Member's Account and
password and shall be responsible for any and all transactions by users
given access to such account or password and any and all consequences
of use or misuse of such account and password. Member shall be
responsible for all actions by such users, including without limitation
former employees and former partners, and shall indemnify Bright Ideas
Computing for such actions as set forth in Section 14.
Any
information supplied by Member upon registering for the Basic,
Professional, or SiteBuilder Hosting Service and any other information
about Member and/or Member's business (collectively, "Member Data") is
subject to Bright Ideas Computing's Privacy Policy. Bright Ideas
Computing may, from time to time, send Member newsletters and email
messages to inform Member of new products, promotions, features and
helpful tips for Bright Ideas Computing Basic, Professional, or
SiteBuilder Hosting or other Services. Bright Ideas Computing will also
use email to inform Member of important policy changes or subscription
renewal notices. For more information, Members may review the Bright
Ideas Computing Privacy Policy which is hereby incorporated into this
Agreement.
6. Member
Account Limitations
Member hereby acknowledges
that Bright Ideas Computing may, from time to time, establish general
practices and limits concerning the use of the Basic, Professional, or
SiteBuilder Hosting Service, including without limitation, (a) the
maximum number of days that email messages, guest book entries,
discussion board postings or other content posted on the Member Web
Site will be retained by Bright Ideas Computing, (b) maximum limits on
bandwidth usage that will be allotted to Member, (c) maximum limits on
storage space, (d) the maximum number of Web sites per Member Account,
(e) maximum number of photographs or other data according to the type
of Member Account, (f) maximum limits on the number of pages within
each Member Web Site, and (g) maximum time limitations for the
retention of Member Content following a Trial Period or account
cancellation. Bright Ideas Computing further reserves the right to
delete at any time without prior notice duplicate images uploaded for
printing. Any of the foregoing limits will be consistent with the
Basic, Professional, or SiteBuilder Hosting Service (including any
upgrades) for which Member has registered. Member agrees that Bright
Ideas Computing has no responsibility or liability for the deletion or
failure to store any content maintained or transmitted by the Basic,
Professional, or SiteBuilder Hosting Service. Member further
acknowledges and agrees that Bright Ideas Computing reserves the right
to change these general practices and limits at any time, in its sole
discretion, with or without notice. Bright Ideas Computing reserves the
right to charge member for any third party fees associated with the
creation of additional sites, including but not limited to domain
registration fees. Additionally, Member agrees that Basic,
Professional, or SiteBuilder Hosting websites may not be transferred to
another service provider without express written permission from Bright
Ideas Computing, and that the Member will not sublicense, resell,
distribute, decompile, disassemble or reverse engineer any Basic,
Professional, or SiteBuilder Hosting Design that is outside of the
scope of this Member Agreement.
7. Content Submitted to Bright Ideas
Computing
The Basic, Professional, or SiteBuilder
Hosting Service includes a number of venues such as Member sites,
Discussion Boards and/or other message or communication facilities
designed to enable Members to disseminate and exchange thoughts and
opinions to and with other users or the public. Although Bright Ideas
Computing firmly believes in the value of free and open dissemination
and exchanges; however, it is under no obligation, but does reserve the
right, to monitor, pre-screen, or otherwise remove any content stored
in its servers. Therefore, Bright Ideas Computing cannot be responsible
for the appropriateness, accuracy, sufficiency, correctness, veracity,
completeness, or timeliness of such thoughts and opinions. Member
acknowledges that Member should always use caution when posting any
personally identifying information about Member or Member's employees
on the Basic, Professional, or SiteBuilder Hosting Service, the Member
Site, or any other user sites.
8. Member Conduct
Member's
right to use the Basic, Professional, or SiteBuilder Hosting Service is
personal to Member and Member's company and its employees (if
applicable). Member, and not Bright Ideas Computing, is entirely
responsible for all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Member
Content") posted via the Basic, Professional, or SiteBuilder Hosting
Service. Member, and not Bright Ideas Computing, is also responsible
for compliance with all laws, regulations and ordinances connected with
all aspects of Member's use of the Basic, Professional, or SiteBuilder
Hosting Service. Member shall not use the Basic, Professional, or
SiteBuilder Hosting Service for any illegal purpose in violation of any
local, state, federal or international law. Member must provide all
required and appropriate warnings, information and disclosure, comply
with all applicable laws and regulations, and take all other required
and appropriate actions (collectively, "Information and Actions") in
connection with Member's use of the Basic, Professional, or SiteBuilder
Hosting Service. If the Basic, Professional, or SiteBuilder Hosting
Service does not provide adequate facility or features for Member to
provide such Information and Actions, then Member shall not use the
Basic, Professional, or SiteBuilder Hosting Service.
Bright
Ideas Computing does not control or monitor the Member Content posted
via the Basic, Professional, or SiteBuilder Hosting Service and as
such, does not guarantee the accuracy, integrity or quality of such
content. Bright Ideas Computing reserves the right, but is not
obligated to review the Member Content posted via the Basic,
Professional, or SiteBuilder Hosting Service and to refuse or remove
any such materials in its sole discretion, without notice at any time.
Bright Ideas Computing also reserves the right to disclose any
information or materials as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse
to post or remove any information or materials, in whole or in part,
from the Member Content in Bright Ideas Computing's sole discretion.
With respect to the content on the Member Web Site, Member agrees not
to:
1. post, upload or otherwise transmit any content which is misleading
to others or impersonate any person or entity or falsely state or
otherwise misrepresent Member's affiliation with a person or entity to
others, including, but not limited to, consumers;
2. post, upload or otherwise transmit any content that is threatening,
abusive, harassing, tortious, defamatory, obscene, libelous, invasive
of another's privacy, hateful, or racially and ethnically objectionable;
3. post, upload or otherwise transmit any content that Member does not
have a right to post and transmit under any law or under contractual or
fiduciary relationships (such as information learned or disclosed as
part of employment relationships or under nondisclosure agreements);
4. post, upload or otherwise transmit any content, such that such
posting, uploading, or transmission constitutes the infringement of any
patent, trademark, trade secret, copyright or other proprietary rights
of any party;
5. post, upload or otherwise transmit any materials that contain
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 and/or attempt to
access the accounts of others, or attempt to penetrate security
measures of Bright Ideas Computing, its vendors or suppliers or other
entities' systems ("hacking"), whether or not the intrusion results in
corruption or loss of data;
6. post, upload or otherwise transmit any materials that impose an
unreasonable or disproportionately large load on Bright Ideas
Computing's infrastructure that exceed the limits provided by the
Basic, Professional, or SiteBuilder Hosting Service for which Member
registered;
7. post, upload or transmit any unsolicited or unauthorized
advertising, promotional materials, "spam," "chain letters," "pyramid
schemes," or any other form of solicitation;
8. interfere with or disrupt the Basic, Professional, or SiteBuilder
Hosting Service or servers or networks connected to the Basic,
Professional, or SiteBuilder Hosting Service, or disobey any
requirements, procedures, policies or regulations of networks connected
to the Basic, Professional, or SiteBuilder Hosting Service;
9. intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities Exchange Commission, any
rules of 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;
10. forge any headers or other manipulation of identifiers in order to
disguise the origin of any content transmitted through the Basic,
Professional, or SiteBuilder Hosting Service;
11. 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; or
12. sell, distribute, disseminate or link to any sites for marketing,
sales, distribution of: firearms, explosives, ammunition, tobacco
products and any other products or Basic, Professional, or SiteBuilder
Hosting Services that (i) Member cannot legally sell, (ii) are
misrepresented, and/or (iii) if sold via the Member Web Site could
cause Bright Ideas Computing to violate any law, statute or regulation.
13. post or disclose any personal or private information or images
about children or any third party without their consent (or a parent's
consent in the case of a minor).
Bright Ideas
Computing may terminate Member's account for failure to comply with the
above listed rules of Member Conduct. Additionally, Bright Ideas
Computing may request Member to place all or any portion of the Member
Content behind password protection if Bright Ideas Computing determines
that such content is inappropriate for the community at large but does
not otherwise violate the terms of this Agreement. If Bright Ideas
Computing has requested Member to place Member Content behind password
protection or if Member independently determines that the Member
Content appropriately belongs behind password protection, Member may
not publish the password in such a way that negates the limited-access
nature of the password protected site. If Bright Ideas Computing
requests Member to place any Member Content behind password protection
and Member fails to do so promptly, Bright Ideas Computing reserves the
right to (a) place such content behind password protection itself, or
(b) terminate Member's Account.
9. Discussion Boards
As
part of the Basic, Professional, or SiteBuilder Hosting Service, Bright
Ideas Computing may provide its Members with a venue and an opportunity
to participate in discussion boards ("Discussion Boards"). Member shall
abide by all terms and conditions of Bright Ideas Computing's
Discussion Board Policy, which is hereby incorporated by reference, in
utilizing the Discussion Boards. Please see Bright Ideas Computing's
Discussion Boards Policy for more information.
10. Third Party Content
For
Member's convenience, the Basic, Professional, or SiteBuilder Hosting
Service may contain products, content and information from third party
providers (which includes advertisers and affiliates) and/or links to
their Web sites ("Third Party Content"). Such Third Party Content is
not under the control of Bright Ideas Computing and Bright Ideas
Computing is not responsible for such content, including, without
limitation, any link contained in such content, or any changes or
updates to such content. Bright Ideas Computing is under no obligation,
but does reserve the right to pre-screen Third Part Content available
on the Basic, Professional, or SiteBuilder Hosting Service and does not
assume any responsibility or liability for the content provided by
others. Bright Ideas Computing is providing such Third Party Content to
Member only as a convenience, and the inclusion of such content does
not imply endorsement by Bright Ideas Computing of such content or the
affiliate or advertiser. Member may be subject to additional and/or
different terms, conditions, and privacy policies when using third
party products, Basic, Professional, or SiteBuilder Hosting Services,
content, software, or sites. Bright Ideas Computing does reserve the
right to remove content that, in Bright Ideas Computing's judgment,
does not meet its standards, but Bright Ideas Computing is not
responsible for any failure or delay in removing such material.
Bright
Ideas Computing is not and will not be responsible for (i) the terms
and conditions of any transaction between Member and any third party,
(ii) any insufficiency of or problems with any such third party's
background, insurance, credit or licensing, or (iii) the quality of
Basic, Professional, or SiteBuilder Hosting Services performed by any
such third party or any other legal liability arising out of or related
to the performance of such Basic, Professional, or SiteBuilder Hosting
Services. In the event that Member has a dispute with any such third
party, Member releases Bright Ideas Computing (and its affiliates,
suppliers, agents and employees) from any and all claims, demands and
damages (actual and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes.
11.
DISCLAIMER OF WARRANTIES.
MEMBER
EXPRESSLY UNDERSTANDS AND AGREES THAT:
(A) MEMBER'S USE OF THE
Basic, Professional, or SiteBuilder Hosting Service IS AT MEMBER'S SOLE
RISK. Bright Ideas Computing AND ITS SUPPLIERS PROVIDE THE Basic,
Professional, or SiteBuilder Hosting Service, INCLUDING ALL CONTENT,
SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR
ACCESSED THROUGH THE Basic, Professional, or SiteBuilder Hosting
Service, AND THE MEMBER SITE "AS IS" AND WITHOUT ANY WARRANTY OR
CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
(B) Bright Ideas
Computing AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE Basic,
Professional, or SiteBuilder Hosting Service WILL MEET MEMBER'S
REQUIREMENTS, (ii) THE Basic, Professional, or SiteBuilder Hosting
Service WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii)
THE QUALITY OF ANY PRODUCTS, Basic, Professional, or SiteBuilder
Hosting Services, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED
BY MEMBER THROUGH THE Basic, Professional, or SiteBuilder Hosting
Service WILL MEET MEMBER'S EXPECTATIONS.
(C) ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Basic,
Professional, or SiteBuilder Hosting Service, OR MEMBER SITES IS DONE
AT MEMBER'S OWN DISCRETION AND RISK, AND MEMBER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
12.
LIMITATION OF LIABILITY
NOTWITHSTANDING
ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, IN NO EVENT
SHALL Bright Ideas Computing AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF Bright
Ideas Computing OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE
USE OR INABILITY TO USE THE Basic, Professional, or SiteBuilder Hosting
Service, (B) THE PROVISION OF OR FAILURE TO PROVIDE Basic,
Professional, or SiteBuilder Hosting Service, (C) FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, Basic, Professional, or SiteBuilder Hosting
ServiceS AND RELATED GRAPHICS OBTAINED THROUGH THE Basic, Professional,
or SiteBuilder Hosting Service OR OTHERWISE ARISING OUT OF THE USE OF
THE Basic, Professional, or SiteBuilder Hosting Service, (D) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE Basic, Professional, or
SiteBuilder Hosting Service, OR (E) ANY OTHER MATTER RELATING TO THE
Basic, Professional, or SiteBuilder Hosting Service. SOME STATES DO NOT
ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT
APPLY TO MEMBER. IN NO EVENT SHALL Bright Ideas Computing'S AGGREGATE
LIABILITY TO MEMBER AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO
THIS AGREEMENT EXCEED THE AMOUNT MEMBER ACTUALLY PAYS TO Bright Ideas
Computing UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING
THE DATE THE CLAIM AROSE OR $120.00, WHICHEVER IS LESS. Without
limiting the foregoing, neither Bright Ideas Computing nor its
suppliers is responsible for any of Member's data residing on the
Basic, Professional, or SiteBuilder Hosting Service or Bright Ideas
Computing's suppliers' hardware. Member is responsible for backing-up
Member's data and information that may reside on the Basic,
Professional, or SiteBuilder Hosting Service or Bright Ideas
Computing's suppliers' hardware, whether or not such information is
produced through the use of the Basic, Professional, or SiteBuilder
Hosting Service. It is Member's responsibility to take the necessary
steps to ensure that Member's primary means of business is maintained
(if applicable).
13. Additional Representations and
Warranties.
You represent, warrant, and covenant
that (a) you have the power and authority to enter into this Agreement;
(b) you are at least eighteen (18) years of age; and, (c) you will only
use the Bright Ideas Computing Sites in accordance with these Terms of
Basic, Professional, or SiteBuilder Hosting Service.
You
further represent that you are and will at all times be, in full
compliance with all applicable laws, regulations, rules and ordinances
(collectively, "Laws") regarding your business, the sale and use of the
Products, and as otherwise related to this Agreement and Customer's
performance hereunder;
Export Restrictions. You
acknowledge and agree that products or Basic, Professional, or
SiteBuilder Hosting Services provided by Bright Ideas Computing are
subject to the export control laws and regulations of the United
States, potentially including but not limited to the Export
Administration Regulations ("EAR"), and sanctions regimes of the U.S.
Department of Treasury, Office of Foreign Asset Controls. You will
comply with these laws and regulations. You shall not, without prior
U.S. government authorization, export, reexport, or transfer Bright
Ideas Computing products or Basic, Professional, or SiteBuilder Hosting
Services, either directly or indirectly, to any country subject to a
U.S. trade embargo (currently Cuba, Iran, North Korea, Sudan, and
Syria) or to any resident or national of any such country, or to any
person or entity listed on the "Entity List" or "Denied Persons List"
maintained by the U.S. Department of Commerce or the list of
"Specifically Designated Nationals and Blocked Persons" maintained by
the U.S. Department of Treasury. In addition, Bright Ideas Computing
products or Basic, Professional, or SiteBuilder Hosting Services may
not be exported, reexported, or transferred to an end-user engaged in
activities related to weapons of mass destruction. Such activities
include but are not necessarily limited to activities related to: (1)
the design, development, production, or use of nuclear materials,
nuclear facilities, or nuclear weapons; (2) the design, development,
production, or use of missiles or support of missiles projects; and (3)
the design, development, production, or use of chemical or biological
weapons.
14. Proprietary
Rights to Member Content
Bright Ideas Computing
does not claim ownership of the Member Content that Member provides to
Bright Ideas Computing and/or places on the Member Site. However,
Member grants Bright Ideas Computing a worldwide, royalty-free,
non-exclusive license to (i) host, use, reproduce, modify, distribute,
transmit, combine with information provided by third parties, and
publicly display the Member Content on and through the Basic,
Professional, or SiteBuilder Hosting Service and in Bright Ideas
Computing's promotional or advertising materials (only for the limited
purpose of promoting the Basic, Professional, or SiteBuilder Hosting
Service), and (ii) sublicense to third parties such Member Content to
the extent necessary for the creation and maintenance of, in part or in
whole, such Web sites. No compensation will be paid or due Member with
respect to Bright Ideas Computing's or its sublicensee's use of the
materials as licensed above. By posting messages, uploading files,
inputting data, submitting any feedback or suggestions, or engaging in
any other form of communication with or through any Member Site, Member
warrants and represents that Member owns or otherwise controls the
rights necessary to do so and to grant Bright Ideas Computing the
license set forth above, and, pursuant to the terms set forth in
Section 14, Member will defend and indemnify Bright Ideas Computing and
its suppliers from any third party claim related to a breach of any of
the foregoing representations and warranties.
15. Bright Ideas Computing
Proprietary Rights/Software Licenses
Member
acknowledges and hereby agrees that the Basic, Professional, or
SiteBuilder Hosting Service and any software used in connection with
the Basic, Professional, or SiteBuilder Hosting Service (the
"Software") contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. Member
further acknowledges and agrees that content contained in sponsor
advertisements or information presented to Member through the Basic,
Professional, or SiteBuilder Hosting Service, advertisers and/or
Discussion Boards is protected by applicable copyrights, trademarks,
Basic, Professional, or SiteBuilder Hosting Service marks, patents and
other proprietary rights and laws.
Bright Ideas
Computing provides Member with a non-exclusive, non-transferable,
limited license to use the Software, which Member agrees to use in
accordance with this Agreement. Member may not sub-license or charge
others to use or access the Software without first obtaining written
permission or a written agreement from Bright Ideas Computing. The
Software license is owned by Bright Ideas Computing and/or its
suppliers and is protected to the maximum extent permitted by copyright
laws and international treaty provisions. Any reproduction,
modification, creation of derivative works from or redistribution of
the Software is expressly prohibited, and may result in severe civil
and criminal penalties. The Software, its structure, sequence and
organization and source code are considered trade secrets and are
protected by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING
OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. MEMBER MAY NOT
DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO
DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
16.
Indemnification
Member
agrees to indemnify and hold Bright Ideas Computing and its suppliers,
affiliates, partners, subsidiaries and employees (collectively, the
"Indemnified Parties") harmless from any and all claims and demands,
losses, liability costs and expenses (including, but not limited to,
reasonable attorneys' fees), incurred by an Indemnified Party arising
out of or related to (i) Member's breach of this Agreement; (ii) any
information (including but not limited to Member Content and Member's
publicly posted information) submitted, posted, or otherwise provided
by Member at the Member Site and/or to Bright Ideas Computing and/or
its affiliates; (iii) any dispute or litigation between an Indemnified
Party and a third party caused by Member's actions; and (iv) Member's
negligence or violation or alleged violations of any rights of another;
(v) any third party claim against the Indemnified Party for: (1)
personal injury or property damage to the extent such Liabilities arise
out of or result from the negligence or other tortuous conduct of
Customer; or (2) the breach of any representation or warranty made by
Customer; or (3) any claim by a customer of Customer against any
Indemnified Party to the extent such Liabilities arise out of or result
from Customer's business dealings with such Customer, including,
without limitation the provision of any products or Basic,
Professional, or SiteBuilder Hosting Services to such Customer. These
obligations will survive any termination of Member's relationship with
Bright Ideas Computing or Member's use of the Basic, Professional, or
SiteBuilder Hosting Service. To the fullest extent permitted by law,
the foregoing indemnity will apply regardless of any fault, negligence,
or breach of warranty or contract of Bright Ideas Computing and/or its
suppliers, affiliates, partners, subsidiaries and employees.
17.
Copyright and Trademark
Notices
All materials of the Basic, Professional,
or SiteBuilder Hosting Service and the Software (as well as the
organization and layout of the Basic, Professional, or SiteBuilder
Hosting Service are owned and copyrighted or licensed by Bright Ideas
Computing, its affiliates or its suppliers. All rights reserved. No
reproduction, distribution, or transmission of the copyrighted
materials of the Basic, Professional, or SiteBuilder Hosting Service,
which includes the Bright Ideas Computing (and any successor Web sites
or additional Web sites or any co-branded Web sites), and/or the
Software, is permitted without the written permission of Bright Ideas
Computing. Any rights not expressly granted herein are reserved.
Bright
Ideas Computing, www.bictx.com, www.brightideascomputing.com, the
Bright Ideas Computing logo, Bright Ideas Computing Basic,
Professional, or SiteBuilder Hosting, Basic, Professional, or
SiteBuilder Hosting Design Gallery, Basic, Professional, or SiteBuilder
Hosting Demo, Basic, Professional, or SiteBuilder Hosting, Bright Ideas
Computing Basic, Professional, or SiteBuilder Hosting, and other Bright
Ideas Computing logos and product and Basic, Professional, or
SiteBuilder Hosting Service names are trademarks of or licensed to
Bright Ideas Computing (the "Bright Ideas Computing Marks"). Member
agrees not to display or use the Bright Ideas Computing Marks in any
manner whatsoever without Bright Ideas Computing's prior permission.
From time to time Bright Ideas Computing may offer a limited license to
Members to display Bright Ideas Computing award logos or other symbols
of merit on Member Web Sites after Bright Ideas Computing in its sole
discretion confers such distinctions to the applicable Members.
However, Bright Ideas Computing reserves the right to withdraw such
logos or symbols and delete them in its sole discretion for any reason.
18.
Notification of Claims of
Copyright Infringement
Any notifications of
claimed copyright infringement should be sent to Bright Ideas
Computing's Registered Agent. Please see Bright Ideas Computing's
Copyright Policy at Bright Ideas Computing's Copyright Policy for more
information.
19. Modification
of the Basic, Professional, or SiteBuilder Hosting Service
Bright
Ideas Computing reserves the right, at its sole discretion, to, at any
time, modify, or discontinue the Basic, Professional, or SiteBuilder
Hosting Service, temporarily or permanently, (or any part thereof),
including the imposition of limits on certain features and Basic,
Professional, or SiteBuilder Hosting Services or restriction of access
to parts or all of the Basic, Professional, or SiteBuilder Hosting
Service, with or without notice. Member agrees that Bright Ideas
Computing shall not be liable to Member or to any third party for any
modification, suspension or discontinuance of the Basic, Professional,
or SiteBuilder Hosting Service. Member further agrees that Bright Ideas
Computing shall have the right to remove any feature from the Member
Site, with or without notice to Member, at any time at Bright Ideas
Computing's sole discretion, if Bright Ideas Computing discontinues
offering the feature for any reason. If Member does not agree to any
such modifications, Member's sole and exclusive remedy is to cancel
Member's Account.
20. Termination/Cancellation of
Member Account
Either Member or Bright Ideas
Computing may terminate or cancel Member's Account (or any part of the
Basic, Professional, or SiteBuilder Hosting Service) at any time, but
Bright Ideas Computing will not refund any prepaid fees upon such
termination or cancellation.
A. Termination by Member.
Member may cancel your Member Account or any part of the Basic,
Professional, or SiteBuilder Hosting Service at any time. To cancel
your Basic, Professional, or SiteBuilder Hosting Service, Member must
call 1-830-895-5016 from the U.S. or Canada; or, at Bright Ideas
Computing's sole discretion, on a case by case basis, by submitting a
cancellation form. Member will receive a cancellation confirmation via
email after Bright Ideas Computing processes Member's cancellation
request. Bright Ideas Computing reserves the right to collect fees,
surcharges or costs incurred before Member cancels Member's Account in
addition to the applicable cancellation fee(s).
Member must provide us with the following information in order for us
to process the cancellation:
* The exact name of the Basic, Professional, or SiteBuilder Hosting
Service that Member would like to cancel
* Member's email address
* Member's reason for canceling the Basic, Professional, or SiteBuilder
Hosting Service
B. Termination by Bright
Ideas Computing. Bright Ideas Computing may terminate
Member's Basic, Professional, or SiteBuilder Hosting Service or
Member's Account if Bright Ideas Computing determines, in Bright Ideas
Computing's sole discretion, to discontinue offering the Basic,
Professional, or SiteBuilder Hosting Service. Additionally, Bright
Ideas Computing, in its sole discretion, may terminate Member's Site,
Member's Account or Member's use of the Basic, Professional, or
SiteBuilder Hosting Service for any reason, including, without
limitation, (i) if Member breaches this Agreement, (ii) if Bright Ideas
Computing is unable to verify or authenticate any information that
Member provides to Bright Ideas Computing, or (iii) if Bright Ideas
Computing believes that Member has violated or acted inconsistently
with the spirit of this Agreement. If Bright Ideas Computing terminates
Member's Account pursuant to (i), (ii) or (iii) above, Member will
forfeit all credits, prepaid fees, and any other amounts accruing to
Member, if any, and Bright Ideas Computing shall not be required to
refund, redeem, or pay amounts to Member upon such termination.
C. Effect of Termination.
Upon termination of Member's Account for any reason, Bright Ideas
Computing reserves the right to (i) collect all charges, fees,
commitments and obligations incurred or accrued by Member; (ii) delete
any Member Content, listings, messages or other information in
connection with Member's Account; (iii) prohibit Member's access to
Member's Account, including without limitation by deactivating Member's
password; and (iv) refuse Member future access to the Basic,
Professional, or SiteBuilder Hosting Service. In no event shall Bright
Ideas Computing be required to refund, redeem, or pay amounts to Member
upon termination of Basic, Professional, or SiteBuilder Hosting Service
or return any Member Content.
Member understands and agrees that the cancellation of Member's Account
is Member's sole right and remedy with respect to any dispute with
Bright Ideas Computing. This includes, but is not limited to, any
dispute related to, or arising out of: (1) any term of this Agreement
or Bright Ideas Computing's enforcement or application of any such
term; (2) any policy or practice of Bright Ideas Computing, including
Bright Ideas Computing's Privacy Policy and Copyright Policy, or Bright
Ideas Computing's enforcement or application of these policies; (3) the
content available through the Basic, Professional, or SiteBuilder
Hosting Service or any change in content provided through the Basic,
Professional, or SiteBuilder Hosting Service; (4) Members' ability to
access or use the Basic, Professional, or SiteBuilder Hosting Service
or Member's Web Site; or (5) the amount or type of fees, surcharges,
applicable taxes, billing methods or change to the fees, applicable
taxes, surcharges or billing methods, if any.
21. Notice
Statements,
notices and other communications to Member may be made by mail, email,
postings within Member's account or other reasonable means. Member
shall be solely responsible for updating the account's registered email
and postal address. Bright Ideas Computing shall not be responsible for
any undelivered notices caused by Member's failure to update the
account information. Bright Ideas Computing may also provide notices of
changes to the Agreement or other matters by displaying notices or
links to notices generally on the Bright Ideas Computing Web Site.
Member should refer to the Member Support page of the Basic,
Professional, or SiteBuilder Hosting Service for information on how to
contact and/or provide notice to Bright Ideas Computing.
22.
Arbitration/ Jurisdiction
Member
agrees that any dispute or claim arising out of or related to the
Basic, Professional, or SiteBuilder Hosting Service or this Agreement,
or the interpretation, making, performance, breach or termination
thereof, shall be finally settled by binding arbitration in Kerr
County, Texas under the American Arbitration Association Rules by one
arbitrator appointed in accordance with said Rules. The proceedings
shall be conducted and all evidence shall be offered in the English
language. Member agrees that any claim against Bright Ideas Computing
must be filed within one (1) year of the time such claim arose,
regardless of any law to the contrary, otherwise such claim will be
barred forever.
Notwithstanding the above, Bright
Ideas Computing may apply to any court of competent jurisdiction (i)
for a temporary restraining order, preliminary injunction or other
interim or conservatory relief as necessary, including without
limitation for breach of Section 13 (Bright Ideas Computing Proprietary
Rights/Software License) or (ii) to collect fees due and owing from
Member pursuant to this Agreement, without breach of this arbitration
agreement and without any abridgment of the powers of the arbitrator.
This
Agreement shall be governed in all respects by the laws of the State of
California, U.S.A. Such law shall be applied by the arbitrator to the
merits of any dispute or claim. For any non-arbitral action or
proceeding arising out of or related to the Basic, Professional, or
SiteBuilder Hosting Service or this Agreement, both parties submit to
sole and exclusive jurisdiction and venue in the courts located in Kerr
County, Texas and further agree that any such action or proceeding
shall be brought in a court in Kerr County, Texas.
A
printed version of this Agreement shall be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to
the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form.
23. General
If
any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be
enforced. Bright Ideas Computing's failure to exercise or enforce any
right or provision of the Agreement shall not constitute a waiver of
such right or provision. Member shall not assign this Agreement or any
rights or obligations hereunder, by operation of law or otherwise,
without prior written approval of Bright Ideas Computing, and any such
attempted assignment shall be void. Bright Ideas Computing shall have
the right to freely assign this Agreement, and its rights and
obligations hereunder, to any third party without requiring the consent
or notice of Member. Subject to the foregoing, this Agreement shall be
binding upon and inure to the benefits of the parties hereto, their
successors and permitted assigns. This Agreement sets forth the entire
understanding and agreement between Bright Ideas Computing and Member
with respect to the subject matter hereof. The section and subsection
titles in the Agreement are for convenience only and have no legal or
contractual effect. Each party is an independent contractor and not an
agent or representative of any other party. No party shall have any
right or authority to create any obligation or make any representation
or warranty in the name or on behalf of any other party. This Agreement
shall not be interpreted or construed to create an association, joint
venture or partnership between the parties or to impose any partnership
obligation or liability upon any party. The parties acknowledge and
agree that this Agreement may be entered into electronically, and
without the necessity of written signatures.
The
Basic, Professional, or SiteBuilder Hosting Services hereunder are
offered by Bright Ideas Computing, located at 120 Wood Ridge Drive,
Kerrville, TX 78028
24. Independent Review
MEMBER
ACKNOWLEDGES THAT MEMBER HAS READ THIS AGREEMENT AND ALL RELATED SITE
SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT MEMBER
AGREES TO ALL ITS TERMS AND CONDITIONS. MEMBER HAS INDEPENDENTLY
EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF
ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IS
NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN
THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.
Basic,
Professional, or SiteBuilder Hosting Service-Specific Terms:
The following terms apply in addition to paragraphs 1-26 if Member has
purchased a Basic, Professional, or SiteBuilder Hosting Service package
which includes the particular Basic, Professional, or SiteBuilder
Hosting Service described. Bright Ideas Computing may change Basic,
Professional, or SiteBuilder Hosting Service providers or stop
providing the following Basic, Professional, or SiteBuilder Hosting
Services at any time without notice to Member; and Member shall permit
Bright Ideas Computing to act as its agent with respect to the
following Basic, Professional, or SiteBuilder Hosting Services:
25.
Internet Domain Names
Bright
Ideas Computing has chosen independent Third Party Domain Name Vendors
("TPDNVs") who are ICANN accredited registrars, to provide domain name
registration Basic, Professional, or SiteBuilder Hosting Services.
Member hereby authorizes Bright Ideas Computing if requested, to
transfer in or acquire Member's selected domain name from TPDNVs. In
order to receive a domain name, Member must agree and remain agreeable
through the use of the Domain Name, to the TPDNVs' terms of Basic,
Professional, or SiteBuilder Hosting Service which the TPDNVs may
change at any time in their sole discretion to the TPDNVs' terms of
Basic, Professional, or SiteBuilder Hosting Service. Member understands
that Member is creating a separate contractual relationship between
Member and the TPDNVs, and that Member, and not Bright Ideas Computing,
is responsible for all liability, and obligations in connection with
that relationship.
If, after registering one or more
domain names that are included with any Bright Ideas Computing Basic,
Professional, or SiteBuilder Hosting Service package, because of a
customer's incorrect registration of a domain name or otherwise, member
chooses to delete a previously registered domain name and subsequently
register one or more additional different Domain Names, Customer will
be charged the resulting Domain Name registration fees.
Member
will be listed as the registrant and administrative contact in
connection with Member's domain name; however, Bright Ideas Computing
may temporarily list itself as the registrant, administrative, and
billing contact in the event that it changes to a different TPDNVs
until the TPDNVs change is completed. Member hereby authorizes Bright
Ideas Computing to list itself as the registrant, administrative,
billing contact, technical contact and name servers in connection with
Member's domain name and to take any actions Bright Ideas Computing
deems appropriate in those capacities. However, upon termination of the
Basic, Professional, or SiteBuilder Hosting Service, Bright Ideas
Computing will immediately cease acting in those capacities including
switching registrars. After such time, Bright Ideas Computing will not
be responsible to forward any notices, emails or other correspondence
to Member or to take any other actions in connection with Member's
domain name. Additionally, in the event that a Member account is
suspended by Bright Ideas Computing for lack of payment or any other
reason, Bright Ideas Computing, in its sole discretion, may or may not
renew any domain names that may become due for renewal during the
suspension of the account. Should Bright Ideas Computing, in its sole
discretion, renew any domain name that has or is about to expire,
Member agrees that Bright Ideas Computing may list itself and take
temporary ownership of the domain name in question until such time
Member reimburses Bright Ideas Computing for any and all expenses
associated with any domain name renewal. Listing of Member as the
registrant for renewed domains will be made upon satisfaction of
payment to Bright Ideas Computing for any and all expenses associated
with any domain name renewal. Member will be solely responsible for all
ongoing fees, as well as removing Bright Ideas Computing as the
billing, technical contact and name servers in connection with Member's
domain name upon termination of this agreement.
26. Email.
Some
Bright Ideas Computing accounts may have Email services provided as
part of Bright Ideas Computing's Basic, Professional or SiteBuilder
Hosting account packages. Bright Ideas Computing is not responsible for
unavailability or malfunction of internetwork services upon which email
services rely. Bright Ideas Computing is not a party to, and shall not
be involved in or responsible for, transactions, agreements, and/or
disputes between Member and their individual Internet Service Provider
(ISP). In the event of a dispute, Member hereby releases Bright Ideas
Computing (and its officers, directors, agents, and employees) from
claims, demands, and damages (actual and consequential) of every kind
and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any connected with such disputes. By
using email services in connection with Basic, Professional, or
SiteBuilder Hosting Services, Member agrees to the terms and conditions
contained in the "Acceptable Use Policy" and "Mass Mailing Policy"
incorporated herein.
27. Bright Ideas Computing osCommerce
Bright
Ideas Computing has chosen to make available osCommerce, an open-source
software application, to provide Members with e-commerce Basic,
Professional, or SiteBuilder Hosting Services. Bright Ideas Computing
is not responsible for the actions or inaction of osCommerce or the
unavailability or malfunction of their software or Services. Bright
Ideas Computing is not a party to, and shall not be involved in or
responsible for, transactions, agreements, and/or disputes between
Member and the developers of osCommerce. In the event of a dispute
between the Member and developers of osCommerce, Member hereby releases
Bright Ideas Computing (and its officers, directors, agents, and
employees) from any claims, demands, and damages (actual and
consequential) of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any
connected with such disputes. By using Bright Ideas Computing's
implementation of an osCommerce Store, Member agrees to the following
additional terms and conditions:
1. Hosting Basic,
Professional, or SiteBuilder Hosting Services. Bright
Ideas Computing grants Member the right to develop and operate an
osCommerce Store on the Server, subject to and in accordance with the
terms of this Agreement and such hosting policies, procedures and
specifications as Bright Ideas Computing may, by written notice to
Member, establish from time to time (the "Hosting Policies and
Procedures"). The Hosting Policies and Procedures, if any, are
incorporated in this Agreement in their entirety.
2. Prohibited Uses.
In addition to all restrictions set forth above, Member shall not use,
nor permit any third party to use, the osCommerce Store(s) or the
Bright Ideas Computing Web Site or any part thereof: (i) to violate any
federal, state or local law, (ii) to transmit any obscene
communication, (iii) to promote any illegal activities, (iv) to violate
any intellectual property rights (v) to attempt to overcome or
penetrate any security measures on the Server, or (iv) to upload or
transmit any virus or harmful agent. Member acknowledges that Member
may be subject to civil or criminal liability under the laws of various
governmental jurisdictions as a result of any failure to abide by the
provisions of this paragraph.
3. Control.
Member will be solely responsible for the development, operation and
maintenance of the Store(s) and all content and materials appearing in
the Store(s), including without limitation (i) the technical operation
of the Store(s), (ii) the accuracy and appropriateness of content and
materials appearing in the Store(s), (iii) ensuring that the content
and materials appearing in the Store(s) do not violate or infringe upon
the rights of any third party (including, for example, copyrights,
trademarks, privacy or other personal or proprietary rights), and (iv)
ensuring that the content and materials appearing in the Store(s) are
not libelous or otherwise illegal. Member also will be solely
responsible for accepting, processing and filling any customer orders
generated through the Store(s), and for handling any customer inquiries
and complaints arising there from. Member shall inspect and monitor the
Store(s) as frequently and extensively as necessary to ensure its
proper operation and compliance with the provisions of this Agreement,
and to uncover any problems with the Store(s). To the fullest extent
permitted by law, the Store(s) will be deemed to be exclusively "under
the control" of Member and not "under the control" of Bright Ideas
Computing or its suppliers.
28. Merchant Account/Payment
Processor for the osCommerce Storefront
Member is
solely responsible to contract with their own merchant account/payment
processor of their own choice. In the event of a merchant
account/payment processor dispute, Member hereby releases Bright Ideas
Computing (and its officers, directors, agents, and employees) from
claims, demands, and damages (actual and consequential) of every kind
and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any connected with such disputes.
29.
Standard Clip-Art and
Photos
As part of the SiteBuilder Hosting Service, Bright Ideas Computing may provide its
Members with standard clip-art and photos to incorporate into their
Member Web Sites. In using the clip-art and photos, Member is governed
by an Image License Agreement with a Third Party Image Vendor ("TPIV"),
the supplier of the clip-art and photos, which is incorporated into
this Agreement. Member understands that the Image License Agreement is
a separate contractual relationship between Member and the TPIV, and
that Member, and not Bright Ideas Computing, is responsible for all
liability, and obligations in connection with that relationship. Bright
Ideas Computing is not a party to, and shall not be involved in or
responsible for, transactions, agreements, and/or disputes between
Member and the TPIV ("TPIV Dispute"). In the event of a TPIV Dispute,
Member hereby releases Bright Ideas Computing (and its officers,
directors, agents, and employees) from claims, demands, and damages
(actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or
in any connected with such disputes.