Welcome to truisticwebhost.com. (referred to as “truisticwebhost.com”)
where affordable web design is the name of the
game. This truisticwebhost.com Services Member Agreement
(the "Agreement") explains the terms and conditions
governing your use of truisticwebhost.com’s services,
technology, and any other content available on
the truisticwebhost.com service. By checking the box
and clicking on the ‘Continue’ button, you accept
these terms and conditions and acknowledge that
the truisticwebhost.com service is subject to certain
limitations set forth below. If you do
not wish to accept this agreement, do not purchase
this service. By registering and purchasing
any truisticwebhost.com service, you agree to use
the truisticwebhost.com service in a manner consistent
with all applicable laws and regulations and in
accordance with the terms and conditions outlined
below.
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(a) Generally. Purchasing truisticwebhost.com's
service entitles you (a "Member") to all the tools,
content, and services available on the system
regardless of your use of them.
If you would like to switch truisticwebhost.com services,
apply the changes on your own (in your "Account
Summary" in the Customer Login Area.
(b) truisticwebhost.com Services
and Technology: You will be able to use the proprietary
and licensed technology incorporated in the truisticwebhost.com
Service to build and maintain your web site ("Member
Site") ("Technology"). truisticwebhost.com may offer
other tools and services that are not included
in any truisticwebhost.com Service, including premium
or custom services for which an additional fee
will apply. Separate terms and conditions apply
for each truisticwebhost.com Solution and will be
outlined in a separate agreement.
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(a) For access to and use of
any truisticwebhost.com Service, you agree to pay
all fees and charges specified in the truisticwebhost.com
Service fee schedule. All fees are due immediately
and are non-refundable. truisticwebhost.com asks that
you provide us with your credit card information
for payment, and all charges you incur for use
of the truisticwebhost.com Service will be charged
to the credit card number you provide. If truisticwebhost.com
does not receive payment from the card issuer,
you agree to pay truisticwebhost.com all amounts due
upon demand. truisticwebhost.com may take commercially
reasonable actions to validate your credit card
and collect all payments due. You agree to pay
all attorney and collection fees arising from
any efforts to collect any past due amounts from
you to the extent allowed by law. You understand
that if truisticwebhost.com does not receive timely
payment of all amounts due for any Solution you
purchase, your use of any truisticwebhost.com Service
or Solution may be severely restricted or terminated
at truisticwebhost.com's sole discretion. This includes
any Information you provide to truisticwebhost.com
while using any truisticwebhost.com Service or Solution.
THE FEE FOR ANY truisticwebhost.com SERVICE IS NONREFUNDABLE.
truisticwebhost.com WILL NOT REFUND ANY FEES PAID
BY YOU IF YOU TERMINATE YOUR AGREEMENT WITH US.
(b) truisticwebhost.com reserves
the right at its sole discretion and as it deems
appropriate to add or remove certain services
it offers and change its fees for any services
in accordance with Section 4.
(c) You agree to notify truisticwebhost.com
immediately if you suspect unauthorized use of
the truisticwebhost.com Service, your credit card,
or your password. Under the Fair Credit Billing
Act, your credit card provider cannot hold you
liable for more than $50 of fraudulent charges.
Subject to the following, if your credit card
provider holds you liable for any of this $50,
truisticwebhost.com will cover your entire liability
up to the full $50. truisticwebhost.com will cover
this liability only if the unauthorized use of
your credit card is solely a result of a negligent
act or omission by truisticwebhost.com, and only for
purchases made at truisticwebhost.com while using
the secure server. In the event of an unauthorized
use of your credit card, you must notify your
credit card provider in accordance with its reporting
rules and procedures.
(d) You agree to pay any taxes,
including personal property taxes or sales taxes
(GST for Canadian Customers), resulting from your
use of the truisticwebhost.com Services. You agree
to pay all attorney and collection fees arising
from our efforts to collect any past due amounts
from you to the extent allowed by law.
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| 3.
Restrictions and Description of
Prohibited Acts |
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(a) You may not use the truisticwebhost.com
Service or truisticwebhost.com Solution, the selection
of a web address for your Member Site, the Technology,
or the Member Site to, including, but not limited
to:
| (i) |
display material containing
pornographic material or adult paraphernalia
of any kind, whether viewable by the general
public or hidden in password protected
areas |
| (ii) |
provide material that is grossly offensive
to the truisticwebhost.com online community,
including blatant expressions of bigotry,
prejudice, racism, hatred, or profanity,
or post any obscene, lewd, lascivious,
filthy, excessively violent, harassing,
or otherwise objectionable content |
| (iii) |
sell or promote any products or services
that are unlawful in the location at which
the content is posted or received |
| (iv) |
access illegally or without authorization
any computers, accounts, or networks of
truisticwebhost.com or any truisticwebhost.com
Member, or attempt to penetrate truisticwebhost.com's
security measures ("hacking"), or conduct
a port scan, stealth scan, or other information-gathering
activity the intent of which is to gather
information to be used to attempt a system
penetration; or upload to truisticwebhost.com,
send through truisticwebhost.com, or have
truisticwebhost.com host or distribute any
Internet viruses, worms, Trojan horses,
other harmful code, pinging, flooding,
mail bombing, or denial-of-service attacks;
or disrupt the use of or interfere with
the ability of others to effectively use
an truisticwebhost.com Service or any connected
network, system, service, or equipment |
| (v) |
display material that exploits, or
otherwise exploit, children under 18 years
of age |
| (vi) |
post any content or otherwise infringe
in any way or violate any copyright, patent,
trademark, service mark, trade name, trade
secret, or other intellectual property
right of any third party |
| (vii) |
promote, solicit, or participate in
pyramid schemes |
| (viii) |
post any content that holds truisticwebhost.com
up to public scorn or ridicule |
| (ix) |
engage in any libellous, defamatory,
scandalous, threatening, or harassing
activity |
| (x) |
post or disclose any personally identifying
information or private information about
children or any third parties without
their consent (or their parents' consent,
in case of a minor) |
| (xi) |
post any content that advocates, promotes,
or otherwise encourages violence against
any governments, organizations, groups,
or individuals or that provides instruction,
information, or assistance in causing
or carrying out such violence. |
| (xii) |
post any information, images or content
that truisticwebhost.com (in its sole discretion)
deems immoral or unfit for general public
consumption. |
(b) You agree that without the
express consent of truisticwebhost.com (and showing
proof of the appropriate licenses where necessary
or appropriate), you will never provide, sell,
or offer to sell the following products or content
(or services related to the same) on the Member
Site you create: pharmaceutical or any other controlled
substances; illegal drugs; illegal drug contraband;
alcohol; firearms; weapons; pirated computer programs;
pornography or illicitly pornographic sexual products;
adult paraphernalia; programs to "nuke" or create
attacks against another individual or an Internet
service provider; illegal goods; escort services;
instructions on how to assemble or otherwise make
bombs, grenades, or other weapons; information
used to circumvent manufacturer-installed copy-protect
devices; or computer software viruses or software
designed to create a virus.
(c) You also agree that you
will never promote or provide instructional information
about: illegal activities, activities that can
lead to physical harm to any group or individual,
or any activities that lead to cruelty to animals.
You may not use the truisticwebhost.com Service, Technology,
or Member Site in any high-risk activities where
damage or injury to persons, property, environment,
or business may result if an error occurs. YOU
EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
(d) Unless truisticwebhost.com offers
a service to conduct any of the following, you
agree that you will never conduct the following
types of activities on the Member Site: gambling;
sweepstakes; raffles; lotteries; contests, pyramid,
or Ponzi schemes; and/or unsolicited commercial
Email (spam).
(e) You agree that you will
not (and you will not allow any third party to)
partake in the following actions: reverse engineering,
reverse compiling or otherwise deriving the underlying
source code or structure or sequence of any truisticwebhost.com
Service, truisticwebhost.com Solution, or any Technology;
individual passwording of Member Sites (or pages
contained therein); deleting or altering author
attributes or copyright notices, unless expressly
permitted in writing by the author or owner; and/or
fail to obtain all required permissions when using
an truisticwebhost.com Service, truisticwebhost.com Solution,
or Technology to receive, upload, download, display,
distribute, or execute programs or perform other
works protected by intellectual-property laws,
including copyright and patent laws.
(f) You agree and acknowledge
that at all times, truisticwebhost.com retains all
rights to the graphical design of the website
or template used by you as a paying customer.
Images are licensed royalty-free images that truisticwebhost.com
does not sell, sublicense or offer for lease to
any customers before, during or after their time
with truisticwebhost.com as a customer.
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| 4.
Changes to the Terms and Conditions |
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truisticwebhost.com may at any time, with notice
of not less than thirty (30) days, change its
fees and change the terms of this Agreement. Except
for the addition of new tools and services, truisticwebhost.com
will also give reasonable notice before any modification
of the then-current truisticwebhost.com Service that
could change your Member Site. truisticwebhost.com
will announce changes to our fees and charges
by posting them in the Home section of our service
(first page once a customer logs into to Client
Area). truisticwebhost.com may, at its discretion,
supplement such notice by sending you an email
or by putting a popup notice on your screen when
you access the truisticwebhost.com Service, or by
sending you a letter. If you find any change to
be unacceptable, you are free to terminate this
greement by following the steps described in Section
8.
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| 5.
truisticwebhost.com Signature |
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truisticwebhost.com relies on the ongoing support
of its customers to help fund the services it
offers its Members. Accordingly, truisticwebhost.com
reserves the right to include its signature in
text ("online website builder: truisticwebhost.com
") at the bottom of each web page truisticwebhost.com
hosts. This will be unobtrusive so as not to detract
or in any way distract our customers’ web site
visitors.
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| 6.
Information About You and Your
Business |
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(a) truisticwebhost.com is committed
to protecting your privacy. truisticwebhost.com will
never sell personally identifiable information
about you or your business to any third party
without first receiving your permission, and all
uses of any personally identifiable information
about you or your business will be subject to
our Privacy Policy.
(b) In order to protect you,
truisticwebhost.com uses state-of-the-art technology
to protect your data from unauthorized third parties.
Currently truisticwebhost.com uses Secure Sockets
Layer (SSL) software to protect your data and
secure your transactions. SSL encrypts or "scrambles"
all your personal information, including your
credit card number, name, and address, as it is
transmitted over the Internet.
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| 7.
truisticwebhost.com Rights |
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(a) Member Site Content Changes.
truisticwebhost.com reserves the right to make changes
to Member Site upon written request by you to
Customer Care to do so, such as through email,
or upon breach of any of the provisions of this
Agreement by providing you notice of such breach
and reasonable time, determined by truisticwebhost.com
at its sole discretion, to rectify the infringing
content. If after such time has expired the Member
Site does not conform to truisticwebhost.com's satisfaction,
truisticwebhost.com may make changes to the content
of Member Site to bring it to compliance with
this Agreement. Member agrees not to hold truisticwebhost.com
liable for any foreseeable, unforeseeable, direct,
or indirect consequences that may result from
changes made by Customer Support to Member Site
in response to Member request to do so or in response
to a Member Site that breaches this Agreement.
truisticwebhost.com's decisions are final and binding.
Notwithstanding the above, truisticwebhost.com also
reserves the right to discontinue the provision
of any or all aspects of the truisticwebhost.com Service
or any truisticwebhost.com Solution to any Member
for any breach of this Agreement.
(b) Communications. You will
receive a confirmation email from us at the time
of registration. Once registered, you can set
your email subscription preferences by clicking
on the My Account link in the upper right corner
of the Service, then choosing the Email Subscriptions
link. If you choose to receive Member communications,
you may choose to change your email preferences
at any time by following the instructions above.
truisticwebhost.com reserves the right to communicate
with all Members regardless of their email subscriptions
in the event that important messages need to be
communicated to Members, including, but not limited
to, service outages, material changes or modifications
to the service, and notice of changes to this
Agreement.
(a) Term.
This agreement shall be effective upon when you
click on the Continue button until terminated
in accordance with the provisions below.
(b) Termination by truisticwebhost.com.
| (i) |
truisticwebhost.com may at
any time without notice to you discontinue
any or all aspects of the truisticwebhost.com
Service or restrict your use of the truisticwebhost.com
Service in whole or in part for any breach
of this Agreement by you; or if truisticwebhost.com
determines in its sole and exclusive judgment
that terminating your use of the truisticwebhost.com
Service is necessary for security reasons
or for proper continued operation of the
truisticwebhost.com Service; or your use of
the truisticwebhost.com Service, truisticwebhost.com
Solution, or Technology is not for legitimate
business purposes, or your use of the
truisticwebhost.com Service violates any laws
or regulation; or if truisticwebhost.com receives
information that the truisticwebhost.com Service
or your use of the truisticwebhost.com Service
(or any part thereof) may violate any
third-party right. |
| (ii) |
truisticwebhost.com may at any time, with
thirty (30) days notice to you, modify
or discontinue any or all aspects of the
truisticwebhost.com Service. |
| (iii) |
truisticwebhost.com may at any time, with
ten (10) days notice to you, modify or
discontinue any or all aspects of the
truisticwebhost.com Service or any truisticwebhost.com
Solution, if the credit card number you
provide truisticwebhost.com expires, or if
truisticwebhost.com is unable to charge valid
charges to that credit card number, or
if you otherwise fail to make payments
due to truisticwebhost.com hereunder. |
| (iv) |
Upon termination of this Agreement,
all rights granted to you under this Agreement
shall terminate immediately. If truisticwebhost.com
terminates this Agreement or suspends
your access to the truisticwebhost.com Service,
you will remain liable for the full charge
for the period during which we terminate
or suspend your truisticwebhost.com Service.
Following such termination or suspension,
you agree not to reregister for or otherwise
access the truisticwebhost.com Services without
truisticwebhost.com's prior written approval.
truisticwebhost.com reserves the right to
delete any data files associated with
your use of the truisticwebhost.com Service
upon termination of this Agreement. |
| (v) |
In the event that a charge back occurs
on your credit card which is your responsibility
(for example, insufficient funds) then
you agree to cover the $25 US charge.
If the error is as a result of truisticwebhost.com’s
mistake, no charge back fee will apply. |
(c) Termination by You.
You may cancel your truisticwebhost.com Service at
any time. To cancel, you must submit a written
request at least five (5) business days before
the beginning of your next billing period. If
your notice to truisticwebhost.com is within this
five (5) business-day period before the beginning
of your next billing period, you will be charged
for the subsequent billing period, and the cancellation
will take effect for the following billing period.
Any cancellations that occur after the monthly
payment is withdrawn from your credit card are
non-refundable and are not pro-rated.
Effects of Cancellation
If you cancel your truisticwebhost.com Service, then
as of the end of the applicable billing period,
you will no longer have access to any of the tools
and services included in the service, therefore:
| (i) |
truisticwebhost.com will no
longer host your web site, and all of
your Information will be deleted |
| (ii) |
you will no longer have access to
any site building services, communication
tools, or reports |
| (iii) |
you will no longer have access to
your Web Mail, and any files, emails,
attachments, email addresses, and any
other information or content included
in your Web Mail account will be deleted |
| (iv) |
you will have no rights to the graphics
or design truisticwebhost.com has provided
once cancellation is in effect (i.e.:
design and graphics are the sole property
of truisticwebhost.com). |
truisticwebhost.com IS NOT RESPONSIBLE FOR THE DELETION
OF ANY FILE, ATTACHMENT, INFORMATION, CONTENT,
OR ANY OTHER CONSEQUENCE OF YOUR DECISION TO CANCEL
THIS SERVICE.
You agree to indemnify truisticwebhost.com and hold
truisticwebhost.com harmless against any and all liabilities,
cost, and expenses, including reasonable attorney's
fees related to or arising from:
| (i) |
your use of the truisticwebhost.com
Service in a way that is prohibited or
restricted under this agreement |
| (ii) |
infringement of any copyright, trademark,
intellectual property, or other right
or patent by any material you post or
use on your Member Site |
| (iii) |
any breach by you of this Agreement;
and/or |
| (iv) |
any indecent, obscene, or libellous
material posted on your Member Site. |
truisticwebhost.com does not routinely monitor the
content of Member Sites but will investigate complaints
of a violation of third-party rights. Violations
or infringement of a third-party copyright, other
intellectual property right, or other right will
be dealt with in accordance with the truisticwebhost.com
policy.
As between the parties, truisticwebhost.com acknowledges
that it claims no proprietary rights in your Information
or any intellectual property right contained therein.
As between the parties, you acknowledge and agree
that truisticwebhost.com and its licensors own all
right, title, and interest in:
(a) the truisticwebhost.com Service
or any truisticwebhost.com Solution
(b) the Technology available
on the truisticwebhost.com Service or truisticwebhost.com
Solution
(c) and all content, including
but not limited to text, software, music, sound,
photographs, video, graphics, or other material
contained or maintained on the truisticwebhost.com
Service or truisticwebhost.com Solution (collectively
"truisticwebhost.com Content"), excluding all Member
Information.
In addition, you agree that the truisticwebhost.com
Content and Technology available on the truisticwebhost.com
Service or any truisticwebhost.com Solution is protected
by Canadian, U.S. and international copyrights,
trademarks, service marks, patents, or other proprietary
rights and laws; therefore, you are permitted
to use this truisticwebhost.com Content and Technology
only as expressly authorized by truisticwebhost.com.
You also understand and agree that the compilation,
collection, selection, arrangement, assembly,
and coordination of all truisticwebhost.com Content
available on the truisticwebhost.com Service or truisticwebhost.com
Solution is the exclusive property of truisticwebhost.com
and its licensors and protected by U.S. and international
copyright laws. You agree that, except as expressly
authorized by truisticwebhost.com, all the truisticwebhost.com
Content and Technology available on the truisticwebhost.com
Service or truisticwebhost.com Solution may be used
by you only for your internal business and data-gathering
purposes. You may not make, use, sell, copy, reproduce,
distribute, transmit, or create derivative works
from this truisticwebhost.com Content or Technology
without expressly being authorized to do so by
truisticwebhost.com.
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truisticwebhost.com (TM), what the web can be (TM),
truisticwebhost.com solutions (TM) and other pending
and/or registered trademarks and service marks,
and other graphics, logos, and service names used
by truisticwebhost.com on the truisticwebhost.com Service
or truisticwebhost.com Solutions to identify the products
or services of truisticwebhost.com (collectively the
"truisticwebhost.com Trademarks") are the trademarks
of truisticwebhost.com. You agree not to use the truisticwebhost.com
Trademarks in connection with your products or
services or any third-party products or services
or in any manner that disparages or discredits
truisticwebhost.com. All other brands and names (including
third-party product names) used on the truisticwebhost.com
Service are the property of their respective owners.
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| 13.
Limitation on Liability |
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(a) YOU ARE SOLELY RESPONSIBLE
FOR THE PROPER CONDUCT OF YOUR BUSINESS AND ALL
OTHER MATTERS UNDER YOUR CONTROL. REGARDLESS OF
THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF
ACTION, YOU AGREE THAT IN NO EVENT WILL truisticwebhost.com,
OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER
PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THE truisticwebhost.com SERVICE, TECHNOLOGY, OR CONTENT
AVAILABLE ON THE truisticwebhost.com SERVICE ("truisticwebhost.com
AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER:
| (I) |
FOR ANY DECISION MADE
OR ACTION OR NONACTION TAKEN BY YOU IN
RELIANCE UPON THE INFORMATION PROVIDED
THROUGH THE truisticwebhost.com SERVICE |
| (II) |
FOR LOSS OR INACCURACY OF DATA OR
COST OF PROCUREMENT OF SUBSTITUTE GOODS,
SERVICES, OR TECHNOLOGY |
| (III) |
FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING
BUT NOT LIMITED TO LOSS OF REVENUES AND
LOSS OF PROFITS, EVEN IF truisticwebhost.com
HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. |
(b) THE AGGREGATE LIABILITY
OF truisticwebhost.com AND THE truisticwebhost.com AFFILIATES
ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS
OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO
ANY AMOUNTS YOU HAVE PAID TO truisticwebhost.com DURING
THE TERM OF THIS AGREEMENT FOR ANY truisticwebhost.com
SERVICE, truisticwebhost.com SOLUTION, OR TECHNOLOGY.
(c) SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE
JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO
THE EXTENT PERMITTED BY LAW.
(d) IN NO EVENT IS truisticwebhost.com
OR ANY truisticwebhost.com AFFILIATE LIABLE FOR ANY
DAMAGES ARISING FROM YOUR FAILURE TO PERFORM YOUR
RESPONSIBILITIES IN CONNECTION WITH THIS AGREEMENT,
OR ARISING FROM ANY CAUSE BEYOND truisticwebhost.com'S
CONTROL.
(e) THIS SECTION APPLIES TO
ALL CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE OF
ACTION UNDERLYING YOUR CLAIM, INCLUDING BUT NOT
LIMITED TO BREACH OF CONTRACT (EVEN IF IN THE
NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL
TERM OR A FUNDAMENTAL BREACH), OR TORT, INCLUDING
BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY,
FRAUD, MISREPRESENTATION, AND/OR OTHERWISE.
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| 14.
Warranties/Disclaimers |
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Once you publish your site, you can expect 99
percent availability in any calendar month, excluding
scheduled maintenance or outages beyond our control
or other third-party service provider outages.
Your published site is available when end users
are able to download your homepage from truisticwebhost.com.
If, for some reason beyond our control, the truisticwebhost.com
service in unavailable to you and your customers
for less than 80% of the time (calendar month),
truisticwebhost.com will provide a refund for the
affected month. You acknowledge that in no way
will truisticwebhost.com be held financially responsible
for any loss of business / service as a result
of downtime of your web site or the improper functioning
of it.
Once an truisticwebhost.com refund is given (for
affected calendar month), it will be applied to
your next billing cycle. If a credit is necessary,
you will receive the appropriate credit within
6 to 8 weeks of the end of the month in which
the Performance Guarantee was breached. In no
event will truisticwebhost.com refund any portion
of the package service fee. Availability shall
be calculated solely by truisticwebhost.com. This
Performance Guarantee does not apply to any technology
offered to you in a "preview" or "beta" mode.
The remedy stated above is your sole remedy for
any breach of the Performance Guarantee.
(a) THE OPINIONS AND VIEWS EXPRESSED
IN ANY MEMBER SITE DO NOT REFLECT THOSE OF truisticwebhost.com,
AND truisticwebhost.com DOES NOT REVIEW, VERIFY, ENDORSE,
OR OTHERWISE VOUCH FOR THE CONTENT OR LEGITIMACY
OF ANY MEMBER SITES. truisticwebhost.com IS NOT RESPONSIBLE
FOR THE CONTENT OF ANY MEMBER PAGE. MEMBERS ARE
SOLELY RESPONSIBLE FOR EVERYTHING CONTAINED IN
THEIR OWN MEMBER SITE. MEMBERS MAY BE HELD LEGALLY
LIABLE FOR THE CONTENTS OF THEIR MEMBER SITE AND
MAY BE HELD LEGALLY ACCOUNTABLE IF THEIR MEMBER
SITE INCLUDES, FOR EXAMPLE, ANY DEFAMATORY COMMENTS
OR MATERIAL PROTECTED BY COPYRIGHT, TRADEMARK,
PATENT, OR TRADE SECRET OR OTHER LAWS WITHOUT
THE EXPRESS PERMISSION OF THE AUTHOR OR OWNER.
(b) truisticwebhost.com IS NOT RESPONSIBLE
FOR THE DELIVERY OR QUALITY OF ANY GOODS OR SERVICES
SOLD OR ADVERTISED THROUGH THE truisticwebhost.com
NETWORK OR THROUGH ANY truisticwebhost.com AFFILIATE
PROGRAM OR THROUGH THE MEMBER SITES.
(c) EXCEPT FOR 14(a), ALL truisticwebhost.com
SERVICE, CONTENT, AND TECHNOLOGY PROVIDED IN ASSOCIATION
WITH THE truisticwebhost.com SERVICE ARE PROVIDED
"AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE
FULL EXTENT PERMISSIBLE BY APPLICABLE LAW AND
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER
truisticwebhost.com NOR truisticwebhost.com'S LICENSORS
MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY
KIND WITH RESPECT TO THE truisticwebhost.com SERVICE,
CONTENT, TECHNOLOGY, OR PRODUCTS THAT truisticwebhost.com
OR ITS LICENSORS OR ANY OTHER THIRD PARTY PROVIDES,
AND truisticwebhost.com AND ITS LICENSORS EXPRESSLY
DISCLAIM ALL IMPLIED AND EXPRESS WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NONINFRINGEMENT WITH RESPECT TO THE SAME. WITHOUT
LIMITING THE FOREGOING, NO WARRANTY IS GIVEN THAT
THE truisticwebhost.com SERVICE OR TECHNOLOGY IS ERROR-FREE.
truisticwebhost.com AND ITS LICENSORS DISCLAIM ANY
WARRANTY OF TITLE OR ANY OTHER WARRANTIES FOR
ANY THIRD PARTY'S OFFERING(S) OR PRODUCT(S).
(d) truisticwebhost.com DOES NOT
GUARANTEE THAT ITS SECURITY PROCEDURES WILL PREVENT
THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS
TO YOUR INFORMATION. truisticwebhost.com AND ITS LICENSORS
ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND
TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE
SECURITY OF YOUR INFORMATION CARRIED OVER INTEREXCHANGE
CARRIERS', LOCAL EXCHANGE CARRIERS', OR OTHER
PROVIDERS' FACILITIES.
(e) THE DOCUMENTS AND GRAPHICS
APPEARING ON THE truisticwebhost.com SERVICE MAY INCLUDE
TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS,
AND OUT-OF-DATE INFORMATION; THEREFORE YOU EXPRESSLY
ASSUME ALL RISK FOR SUCH USE OF THE truisticwebhost.com
SERVICE, truisticwebhost.com SOLUTION, OR TECHNOLOGY.
(f) truisticwebhost.com MAY PROVIDE
LINKS TO OTHER WEB SITES OR RESOURCES. YOU ACKNOWLEDGE
AND AGREE THAT truisticwebhost.com IS NOT RESPONSIBLE
FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR
RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE
OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS,
OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES
OR RESOURCES. YOU ALSO AGREE THAT truisticwebhost.com
SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR
INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED
TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR
RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES
AVAILABLE ON SUCH EXTERNAL THIRD-PARTY SITES.
(g) truisticwebhost.com makes no
warranty, pledge or guarantee as to the effect
of Search Engine Marketing or Positioning on your
business results.
(a) This Agreement shall be
governed by and construed in accordance with Canadian
federal laws, Ontario Provincial laws and U.S.
federal laws, excluding its conflict-of-law provisions.
The application of the United Nations Convention
on Contracts for the International Sale of Goods
is expressly excluded. Any law or regulation that
provides that the language of a contract shall
be construed against the drafter shall not apply
to this Agreement. You agree to submit to the
exclusive jurisdiction of the federal and provincial
courts of the province of Ontario, which are located
in Toronto, ON. If local laws prohibit your participation
in any part of the truisticwebhost.com Service, or
use of them, then you are responsible for complying
with such laws and the terms of this Agreement.
(b) Any and all disputes between
you and truisticwebhost.com will be settled by arbitration
in Toronto, ON, in accordance with the provincial
regulations then in force, and you agree that
all negotiations, discussions, and settlements
shall be subject to obligations of confidentiality
and shall not be disclosed to any third party.
(c) If any provision(s) of this
Agreement is held to be contrary to law, then
such provision(s) shall be construed, as nearly
as possible, to reflect the intentions of the
parties with the other provisions remaining in
full force and effect.
(d) All notices to you shall
be in writing and shall be made either via email
or conventional mail, or by posting such notices
on the truisticwebhost.com Service. truisticwebhost.com
may broadcast notices or messages through the
truisticwebhost.com Service to inform you of changes
to this Agreement, the truisticwebhost.com Service,
or other matters of importance; such broadcasts
shall constitute notice to you.
(e) truisticwebhost.com's failure
to exercise or enforce any right or provision
of this Agreement shall not constitute a waiver
of such right or provision unless acknowledged
and agreed to by truisticwebhost.com in writing.
(f) Except in the event that
you purchase any truisticwebhost.com Solution, this
Agreement comprises the entire agreement between
you and truisticwebhost.com and supersedes all prior
agreements between the parties regarding the subject
matter contained herein. Should you choose to
purchase any truisticwebhost.com Solution, you will
be bound by all terms and conditions relating
to the provision of such truisticwebhost.com Solution.
(g) Your membership in the truisticwebhost.com
Service and any of your rights hereunder may not
be assigned or transferred to any third party.
truisticwebhost.com reserves the right to assign this
agreement to any third party that acquires all
or substantially all of its relevant business
or assets.
(h) The section titles in this
Agreement are solely used for the convenience
of the parties and have no legal or contractual
significance.
(i) You represent and
warrant that you are over the age of 18 years,
have read this Agreement, and agree to be bound
by its terms and conditions |