Mike:
Phone: 239-821-2048
Email: Mike@ciwdesign.com
Nick:
Phone: 239-810-6671
Email: Clearimageweb@gmail.com
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Designed, Hosted & Marketed by Clear Image Web Design, Cape Coral Florida | Copyright 2014 * All Rights Reserved
Most anyone can design your web site. They offer you all the bells and whistles for this outrageous rate.
Here At Clear Image we do the opposite. The way we make our money is with long term relationships with our clients.
Clear, crisp, informational and user friendly website is what we develop for each client.
Then we market it by linking local companies together combined with the highest placement in all search engines & directories.
GENERAL TERMS OF SERVICE.
Thank you for selecting the Services offered by Clear Image Web Design or its Affiliates (referred to as "Intuit", "we", "our", CIWD or "us") on this website. Please review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and CIWD. By clicking "I AGREE," indicating acceptance electronically, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then do not indicate acceptance of the Agreement, and do not use the Services. The terms and conditions may be updated or revised by CIWD in its sole discretion and by using any service you agree to any updates or revisions to these terms and conditions.
1. AGREEMENT
1.1 This Agreement describes the terms governing your use of the CIWD online services provided to you on this website, including content, updates and new releases, (collectively, the "Services"). It includes by reference: CIWD's Privacy Statement available on this website or provided to you in writing for the Services you selected. Additional Terms and Conditions for the Services that you have selected, including from third parties. Third Party Privacy Statement provided to you in writing for the Services you selected. Any terms provided separately to you for the Services, including for example, web or email product or program terms, ordering, activation, pricing and payment terms, if applicable, for the Services.
1.2 An "Affiliate" means all CIWD companies and subsidiaries that directly or indirectly, control or are controlled by CIWD, or are under the common control with Intuit. As used in this Agreement, control means equity ownership of fifty percent (50%) or greater interest in the voting shares held by an entity.
2. YOUR RIGHTS TO USE THE SERVICES AND RESTRICTIONS
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services, and CIWD reserves all rights of ownership in the Services not granted to you in writing here. As long as you meet any applicable payment obligations and comply with this Agreement, CIWD grants to you a personal, limited, nonexclusive, nontransferable right to use the Services that is valid only for the period of use provided in the ordering and activation terms, and only for the purposes described by CIWD on the website for the Services.
2.2 You agree not to use the Services or content on this website in a manner that violates any applicable law, regulation or this Agreement. For example, unless authorized by CIWD in writing, you agree you will not: Provide access to or give any part of the Services to any third party. Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services. Attempt to access any other Intuit systems that are not part of these Services. Excessively overload the Intuit systems or other systems used to provide the Services. If you violate any of these terms, this Agreement and your right to use the Services may be terminated by CIWD in its sole discretion.
3. PAYMENT.
For Services offered on a payment or subscription basis, the following terms apply, unless CIWD notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services: Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
You must pay with one of the following: A valid credit card acceptable to CIWD; A valid debit card acceptable to CIWD;
Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or By another payment option we provide to you. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services. Intuit will automatically renew your monthly or annual Services at the current rates or notify you of rate changes before renewal date, unless the Services are cancelled or terminated under this Agreement. Additional cancellation or renewal terms may be provided to you on the website for the Services.
4. YOUR PRIVACY AND PERSONAL INFORMATION.
You can view CIWD’s Privacy Statement on the website, or via a link on the website for the Services you have selected. You agree to be bound by the applicable CIWD Privacy Statement, subject to change in accordance with its terms. Most importantly, you agree: To CIWD maintaining your data according to the CIWD Privacy Statement, as part of the Services. To give CIWD permission to aggregate your uploaded, non-personally identifiable account data with that of other users of the Service. By way of example, this means that CIWD may use that aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users.
5. CONTENT
5.1 You are responsible for your content. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") uploaded, posted or stored through your use of the Services. You grant CIWD a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services. You agree not use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure. You agree that you will not use the Services to share, store, or in any way distribute financial data that is not in accordance with the law. Any users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. CIWD is not responsible for the Content or data you ask to submit on your website. All data, graphics, marketing idea site layout and information remains the sole property of CIWD except where client provides information or content via e-mail and may not be used or reproduced without CIWD write permission. All Content or marketing concept produced by CIWD is copyrighted with all rights reserved.
You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to: Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing , offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or "flaming" others, or criminal or civil liability under any local, state, federal or foreign law; Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor); Except as otherwise permitted by CIWD in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding; Virus, trojan horse, worm or other disruptive or harmful software or data; and Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
5.2 Community forums. The Services may include a community forum to exchange information with other users of the Services and the public. Please use respect when you interact with other users. CIWD does not support and is not responsible for the accuracy of others’ content in these community forums. Do not reveal information in the community forum that you do not want to make public. Users may post hypertext links to content hosted and maintained by third parties for which CIWD is not responsible.
5.3 CIWD may freely use feedback you provide. You agree that CIWD may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant CIWD a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to CIWD in any way.
5.4 CIWD may monitor your content from time to time. CIWD may, but has no obligation to, monitor content on the Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect CIWD or its customers, or operate the Services properly. CIWD, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
6. ADDITIONAL TERMS YOU AGREE TO
6.1 CIWD does not give professional advice. CIWD is not in the business of providing legal, financial, accounting, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
6.2 CIWD services. You may be offered other services, features, products, applications, online communities, or promotions provided by CIWD ("CIWD Services"). If you decide to use any of these CIWD Services, additional terms and conditions and separate fees may apply. You acknowledge that in accessing some CIWD Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, and sales among others, to the Internet. You grant CIWD permission to use information about your business and experience to help us to provide the CIWD Services to you, including updating and maintaining your data, addressing errors or service interruptions, and enhancing the types of data and services CIWD may provide to you in the future. You grant CIWD permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. We may use this data to improve services and to compare business practices with other company standards. We may use your data to create, market or promote new CIWD offerings to you and others. You also grant CIWD permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
6.3 We may tell you about third party products or services. Subject to the CIWD Privacy Statement, you may be offered products or services by third parties who are not affiliated with CIWD ("Third Party Products") or the Services may contain links to third party websites ("Third Party Sites") and you agree that CIWD can use your contact information, including name and address, for the purpose of offering these products to you. If you decide to use any Third Party Products or access any Third Party Sites, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies. You agree that the third parties, and not Intuit, are responsible for their product’s performance and the content on their websites. CIWD is not affiliated with these Third Party Products or Third Party Sites and has no liability for them.
6.4 Communications choices. CIWD may be required by law to send you communications about the Services or Third Party Products. You agree that CIWD may send these communications to you via email or by posting them on one of our sponsored websites, such as smallbusiness.ciwd.com. If you later decide that you do not want to receive future Communications electronically, please review the Privacy statement provided on the on the Services website to review your communications choices.
6.5 You will track your passwords and accept updates. You are responsible for securely managing your password(s) for access to the Services. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact CIWD as soon as possible. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.
7. DISCLAIMER OF WARRANTIES
7.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CIWD, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. CIWD AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
7.2 CIWD AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.
8. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF CIWD, AND ITS AFFILIATES AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, CIWD AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET CIWD SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF CIWD AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF CIWD, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold CIWD and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). CIWD reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by CIWD in the defense of any Claims.
9. CHANGES TO THIS AGREEMENT OR THE SERVICES.
We may change this Agreement from time to time, and the changes will be effective when posted on our website for the Services or when we notify you by other means. Please review the Agreement periodically on this website for changes. We have the right to change any of the terms of this Agreement upon reasonable notice to you. We may also change or discontinue the Services, in whole or in part, including but not limited to, the Internet based services, pricing, technical support options, and other product-related policies. Your continued use of the Services after revisions posted or notifies you of any changes, indicates your agreement to the changes.
10. TERMINATION.
CIWD may immediately and without notice terminate this Agreement or suspend the Services provided to you, if you fail to comply with these terms or if you no longer agree to receive electronic communications (see Section 6.4). Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect CIWD’s rights to any payments due to it. CIWD may terminate a free account at any time. Other requirements regarding termination or cancellation of the Services may apply based on the specific ordering terms for the Services provided to you. Sections 1.2, 5, 8 through 15 will survive and remain in effect even if the Agreement is terminated, cancelled or rescinded.
11. EXPORT RESTRICTIONS.
You acknowledge that this website, the Services, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export the Services, or any part of the Services, in violation of these laws and regulations, directly or indirectly. You also agree not to provide access to any part of the Services to anyone who you have reason to know may use the Services in the development of nuclear, chemical, or biological weapons.
12. GOVERNING LAW AND JURISDICTION.
Florida state law governs this Agreement without regard to its conflicts of law's provisions. To resolve any legal dispute arising from this Agreement, you and Intuit agree to the exclusive jurisdiction of state courts in Lee County, Florida U.S.A. or federal court for the Northern District of Florida. CIWD does not represent that information on the website for the Services is appropriate or available for use in all countries. CIWD prohibits accessing materials from countries or states where contents are illegal. You are accessing this website on your own initiative and you are responsible for compliance with all applicable laws.
13. LANGUAGE.
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
14. GENERAL.
This Agreement is the entire agreement between you and CIWD and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. This Agreement may be modified only by a written amendment signed by the parties or as provided in this Agreement in Section 10 above. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without the prior written approval of Intuit. However, Intuit may assign or transfer it without your consent to (a) an Affiliate, (b) another company through a sale of assets by CIWD or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement or if your company is acquired by or merged into another company, contact CIWD via an email to: mike@ciwdesign.com
15. Client Also agrees to any and all revisions at CIWD sole discretion of these terms posted at clearimagewebdesign.com/TERMSOFUSE.htmls as part of the original agreement.
October 2014
______________________
B. ADDITIONAL TERMS AND CONDITIONS FOR THE SERVICES
Your use of the Services provided by CIWD are subject to the General Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms of Service above.
1. CIWD WEBSITE SERVICES and HOMESTEAD SERVICES (both hereinafter, "Homestead Services").
1.1 USE LIMITATIONS. IMPORTANT NOTICE. IF YOU ARE USING THE CIWD WEBSITE SERVICES or HOMESTEAD SERVICES, THE FOLLOWING TERMS APPLY TO YOU IN ADDITION TO THE GENERAL TERMS OF SERVICE ABOVE. Capitalized terms not otherwise defined below have the meanings provided in the General Terms of Service.
1.1.2 You agree not to sell, distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, tobacco (including e-cigarettes), alcohol products as well as any products or services that (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold using the website building Services, could cause CIWD or its affiliates to violate any law, statute or regulation. Additionally, CIWD may require you to place all or any portion of the Content behind password protection if CIWD determines that such Content is inappropriate for the community at large but does not otherwise violate the terms of this Agreement. If CIWD has requested you to place Content behind password protection or if you independently determine that the Content appropriately belongs behind password protection, you may not publish the password in such a way that negates the limited-access nature of the password protected site. If CIWD requests you to place any Content behind password protection and you fail to do so promptly, CIWD reserves the right to (a) place such Content behind password protection itself, or (b) terminate this Agreement.
1.1.3 You hereby acknowledge that CIWD may, from time to time, establish general practices and limits concerning the use of the Services, including without limitation, (a) the maximum number of days that email messages, guest book entries, discussion board postings or other content posted on your website will be retained by CIWD, (b) maximum limits on bandwidth usage that will be allotted to you, (c) maximum limits on storage space, (d) the maximum number of websites 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 website, and (g) maximum time limitations for the retention of Content following a Trial Period or account cancellation. CIWD 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 Services (including any upgrades) for which you have registered. You agree that CIWD has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Services. You further acknowledge and agree that CIWD reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You also acknowledge that any references to unlimited websites ("Unlimited Sites") offered per paying account shall be defined as not exceeding 99 sub domain sites per paying account. CIWD reserves the right to charge you for any third party fees associated with the creation of additional sites, including but not limited to domain registration fees.
1.1.4 You warrant and represent that you own or otherwise control the rights to the Content and grant CIWD 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 Content on and through the Service and in promotional or advertising materials (only for the limited purpose of promoting the Services), and (ii) sublicense to third parties such Content to the extent necessary for the creation and maintenance of, in part or in whole, such Services and materials.
1.2 STANDARD CLIP-ART AND PHOTOS.
As part of the Services, CIWD provides its you with standard clip-art and photos to incorporate into your websites using the Services. In using the clip-art and photos, you are governed by terms of use with a Third Party Image Vendor ("TPIV"), the supplier of the clip-art and photos, which is incorporated into this Agreement.
1.3 INTERNET DOMAIN NAMES.
Independent Third Party Domain Name Vendors ("TPDNVs") who are ICANN accredited registrars, provide domain name registration services. You hereby authorize CIWD if requested, to transfer in or acquire your selected directed domain name. In order to direct a domain name to any services, you must agree and remain agreeable through the use of the domain name terms of service which the CIWD may change at any time in their sole discretion. You understand if you are creating a domain from a separate party that is contractual relationship between you and that party, and not CIWD or its affiliates, are responsible for all liability, and obligations in connection with that relationship. Any and all directed domains, sub domains, sub site domains or domains secured by CIWD remain the sole property of CIWD and may be transferred to client upon cancellation of service. A transfer and or purchase fee may apply. Any client pointed domains to any CIWD servers agrees to abide by all these term and conditions
1.3.1 If, after requesting one or more directed domain names that are part of any CIWD Service package, because of a incorrect spelling of a domain name or otherwise, you choose to delete a previously domain name and subsequently request one or more additional different directed domain names, you will be charged the resulting domain name leasing fees.
1.3.2 CIWD will be listed as the registrant and administrative contact in connection type of domain name; however, CIWD or its affiliates, may temporarily list itself as the registrant and administrative contact in the event that client purchased a domain prior to our service until changes are completed to provide contracted services. You hereby authorize CIWD or its affiliates, to list itself as the billing contact, technical contact and name servers in connection with any domain name and to take any actions CIWD deems appropriate in those capacities. However, upon termination of the Service, CIWD and its affiliates, will immediately cease acting in those capacities including switching registrars. After such time, neither CIWD nor its affiliates will be responsible to forward any notices, emails or other correspondence to you or to take any other actions in connection with any domain name. Additionally, in the event that your account is suspended by CIWD for lack of payment or any other reason, CIWD shall not renew any domain names that may become due for renewal during the suspension of the account and or reserves the right to retain or sell any domain. You will be solely responsible for all ongoing fees, as well as removing CIWD or its affiliates as the billing, technical contact and name servers in connection with purchased domain name from another provider.
1.4 EMAIL. Some accounts may have email services provided by an independent Third Party Email Services Vendor ("TPESV"). We are not responsible for the actions or inaction of the then current TPESV or the unavailability or malfunction of their network or services. CIWD is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between you and the TPESV ("TPESV Dispute"). In the event of a TPESV Dispute, you hereby release CIWD and its Suppliers 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, you agree to the terms and conditions contained in the "Acceptable Use Policy" and "Mass Mailing Policy" incorporated herein.
1.5 STOREFRONT. A third party store vendor ("TPSV") provides e-commerce services. Neither CIWD nor its affiliates are responsible for the actions or inaction of the then current TPSV or the unavailability or malfunction of their network or services. Neither CIWD nor its affiliates are a party to, and shall not be involved in or be responsible for, transactions, agreements, and/or disputes between you and the TPSV ("the TPSV Dispute"). In the event of a the TPSV Dispute, you hereby release CIWD and its Suppliers 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 these Services, you agree to the following additional terms and conditions:
a. Hosting Services. CIWD grants you the right to develop and operate an online storefront ("Store") on the server, subject to and in accordance with the terms of this Agreement and such hosting policies, procedures and specifications as CIWD may, by written notice to you, 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.
b. Prohibited Uses. In addition to all restrictions set forth above, you shall not use, nor permit any third party to use, the Store(s) or the website 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 (vi) to upload or transmit any virus or harmful agent. You acknowledge that you 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.
c. Control. You 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. You 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. You 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 you and not "under the control" of CIWD or its affiliates and Suppliers.
1.6 CANCELLATION. You may cancel your account or any part of the Services at any time. CIWD will not refund any pre-paid fees upon such termination or cancellation. To cancel your subscription, you must call 1-239-821-2048 from the U.S. or Canada, (note: International calls are not toll-free). CIWD reserves the right to collect fees, surcharges or costs incurred before you cancel your account in addition to the applicable cancellation fee(s).
You must provide us with the following information in order for us to process the cancellation:
a. The exact name of the Services that you would like to cancel
b. Your username and personal identification number (PIN)
c. Your email address
d. Your billing information, including the credit card number that was used when purchasing the Services
e. Reason for canceling the Services
Upon termination of your account for any reason, CIWD reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by you; (b) delete any of your Content, listings, messages or other information in connection with your Account; (c) prohibit your access to your Account, including without limitation by deactivating your password; and (d) refuse your future access to the Service. In no event shall CIWD be required to refund, redeem, or pay amounts to you upon termination of Service or return any of your Content.
1.7 VIOLATIONS. Please report any violations of this Agreement to our Violation Report form.
1.8 COPYRIGHT AND TRADEMARK NOTICES. All materials of the Service and the Software (as well as the organization and layout of the Service are owned and copyrighted or licensed by CIWD, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the CIWD (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 CIWD. Any rights not expressly granted herein are reserved. CIWD, clearimagewebdesign.com, the CIWD logo, SiteBuilder Lite, SiteBuilder, Homestead SiteBuilder, SmartSizing, SmartSharing, SmartLinking and other Homestead logos and product and service names are trademarks of Homestead Technologies Inc. and/or Intuit Inc. (the "Homestead Marks"). Member agrees not to display or use the CIWD Marks in any manner whatsoever without CIWD's prior permission. From time to time CIWD may offer a limited license to Members to display CIWD award logos or other symbols of merit on Member Web Sites after CIWD in its sole discretion confers such distinctions to the applicable Members. However, CIWD reserves the right to withdraw such logos or symbols and delete them in its sole discretion for any reason.
1.8.1 NOTIFICATION OF CLAIMS OF COPYRIGHT INFRINGEMENT. Any notifications of claimed copyright infringement should be sent to CIWD's Registered Agent. Please see CIWD's Copyright Policy at CIWD's Copyright Policy for more information.
2. HOMESTEAD TECHNOLOGIES DESIGN SERVICES AND SEARCH ENGINE OPTIMIZATION SERVICES
2.1 USE LIMITATIONS. IMPORTANT NOTICE. if you are using CIWD Technologies Design Services and Search Engine Optimization Services, the following terms apply to you in addition to the CIWD General Terms of Service above. Capitalized terms not otherwise defined below have the meanings provided in the General Terms of Service.
2.2 Supplemental License And Terms Of Service
3. INTUIT WEBSITES TRAFFICBOOSTER SERVICE
3.1 USE LIMITATIONS. IMPORTANT NOTICE. If you are purchasing the CIWD WEBSITES TRAFFICBOOSTER Service (“TrafficBooster Service”) the following terms apply to you in addition to the CIWD General Terms of Service above.
3.2 Upon successful installation of the TrafficBooster Service, you consent and agree to allow CIWD or its Suppliers to enhance some of your Content to make it more discoverable through organic or natural search results by performing the following:
Use your Content to create a footer for the CIWD Services to display: 1) your structured business information including but not limited to business name, address, industry and other details; 2) dynamic keywords that are generated by comparing your Content against underserved keywords on search engines;
Optimize the page title of each page of the CIWD Services by comparing your Content against underserved keywords on search engines; and
Create a new or use your existing business profile on CIWD’s Business Directory, or links to your existing WebListings profile.
If you cancel the TrafficBooster Service, you will not receive a refund of your fee or continue to have access to the TrafficBooster Service.
