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MapHosting.com
& Maphosting Web Consultant Services
Web Site User Agreement
The
MapHosting.com & Maphosting Web Consultant Services website (the "Site")
is a website designed and/or hosted by MapHosting.com & Maphosting Web Consultant Services, subject to your compliance with
the terms and conditions set forth below. Please read
this document carefully before accessing or using the
site. By accessing or using the site, you agree to be
bound by the terms and conditions set forth below. If
you do not wish to be bound by these terms and conditions,
you may not access or use the site. MapHosting.com & Maphosting Web Consultant Services may modify this agreement at any
time, and such modifications shall be effective immediately
upon posting of the modified agreement on the site.
You agree to review the agreement periodically to be
aware of such modifications and your continued access
or use of the site shall be deemed your conclusive acceptance
of the modified agreement.
1. Copyright, Licenses and Idea Submissions.
The
entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights
and trademarks are MapHosting.com & Maphosting Web Consultant Services,
its affiliates or other third party licensors. You may
not modify, copy, reproduce, republish, upload, post,
transmit, or distribute, in any manner, the material
on the site, including text, graphics, code and/or software.
You may print and download portions of material from
the different areas of the Site solely for your own
non-commercial use provided that you agree not to change
or delete any copyright or proprietary notices from
the materials. You agree to grant to MapHosting.com & Maphosting Web Consultant Services a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sub-license,
to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any
materials and other information (including, without
limitation, ideas contained therein for new or improved
products and services) you submit to any public areas
of the Site (such as bulletin boards, forums and newsgroups)
or by e-mail to MapHosting.com & Maphosting Web Consultant Services
by all means and in any media now known or hereafter
developed. You also grant to MapHosting.com & Maphosting Web Consultant Services
the right to use your name in connection with the submitted
materials and other information as well as in connection
with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse
against MapHosting.com & Maphosting Web Consultant Services for any
alleged or actual infringement or misappropriation of
any proprietary right in your communications to MapHosting.com & Maphosting Web Consultant Services
If
you believe that content appearing on any MapHosting.com
& Maphosting Web Consultant Services site constitutes
copyright infringement of another party's rights, please
contac us at legal@maphosting.com.
Pursuant
to the Digital Millennium Copyright Act, MapHosting.com & Maphosting Web Consultant Services has adopted and has implemented
a policy that will terminate a subscriber's or user's
account and privileges, in appropriate circumstances,
if it is found that the subscriber or user is engaging
in repeated instances of copyright infringement.
TRADEMARKS
Maphosting,
LLC., MenuVenue, MapHosting.com & Maphosting Web
Consultant Services, www.maphosting.com, maphosting.net,
menuvenue.com, "Make A Presence" and/or any
other names of Maphosting LLC, or its publications,
products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks
of MapHosting.com & Maphosting Web Consultant Services.
Other product and company names mentioned in the Site
may be the trademarks of their respective owners. Product
and company names mentioned in the Site may be the trademarks
of their respective owners.
2. Use of the Site.
You
understand that, except for information, products or
services clearly identified as being supplied by MapHosting.com & Maphosting Web Consultant Services, MapHosting.com & Maphosting Web Consultant Services does not operate, control or endorse
any information, products or services on the Internet
in any way. Except for MapHosting.com & Maphosting Web Consultant Services
identified information, products or services, all information,
products and services offered through the Site or on
the Internet generally are offered by third parties
that are not affiliated with MapHosting.com & Maphosting Web Consultant Services
You also understand that MapHosting.com & Maphosting Web Consultant Services
cannot and does not guarantee or warrant that files
available for downloading through the Site will be free
of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining
a means external to the Site for the reconstruction
of any lost data.
You
assume total responsibility and risk for your use of
the site and the internet. MapHosting provides the site
and related information "as is" and does not
make any express or implied warranties, representations
or endorsements whatsoever (including without limitation
warranties of title or noninfringement, or the implied
warranties of merchantability or fitness for a particular
purpose) with regard to the service, any merchandise
information or service provided through the service
or on the internet generally, and MapHosting.com &
Maphosting Web Consultant Services shall not be liable
for any cost or damage arising either directly or indirectly
from any such transaction. It is solely your responsibility
to evaluate the accuracy, completeness and usefulness
of all opinions, advice, services, merchandise and other
information provided through the service or on the internet
generally. MapHosting.com & Maphosting Web Consultant
Services does not warrant that the service will be uninterrupted
or error-free or that defects in the service will be
corrected.
You
understand further that the internet contains unedited
materials some of which are sexually explicit or may
be offensive to you. You access such materials at your
risk. MapHosting.com & Maphosting Web Consultant Services has no control
over and accepts no responsibility whatsoever for such
materials.
LIMITATION
OF LIABILITY
In
no event will MapHosting.com & Maphosting Web Consultant Services be
liable for (i) any incidental, consequential, or indirect
damages (including, but not limited to, damages for
loss of profits, business interruption, loss of programs
or information, and the like) arising out of the use
of or inability to use the service, or any information,
or transactions provided on the service, or downloaded
from the service, or any delay of such information or
service. Even if MapHosting.com & Maphosting Web Consultant Services
or its authorized representatives have been advised
of the possibility of such damages, or (ii) any claim
attributable to errors, omissions, or other inaccuracies
in the service and/or materials or information downloaded
through the service. Because some states do not allow
the exclusion or limitation of liability for consequential
or incidental damages, the above limitation may not
apply to you. In such states, MapHosting.com & Maphosting Web Consultant Services' liability is limited to the greatest
extent permitted by law.
MapHosting.com & Maphosting Web Consultant Services makes no representations
whatsoever about any other web site which you may access
through this one or which may link to this Site. When
you access a non-MapHosting.com & Maphosting Web Consultant Services
web site, please understand that it is independent from
MapHosting.com & Maphosting Web Consultant Services, and that MapHosting.com & Maphosting Web Consultant Services has no control over the content
on that web site. In addition, a link to a MapHosting.com & Maphosting Web Consultant Services web site does not mean that MapHosting.com & Maphosting Web Consultant Services endorses or accepts
any responsibility for the content, or the use, of such
web site.
3. Indemnification.
You agree to indemnify, defend and hold MapHosting.com & Maphosting Web Consultant Services, its officers, directors, employees,
agents, licensors, suppliers and any third party information
providers to the Service from and against all losses,
expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or
any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service),
and 3 (Indemnification) are for the benefit of MapHosting.com & Maphosting Web Consultant Services and its officers, directors, employees,
agents, licensors, suppliers, and any third party information
providers to the Service. Each of these individuals
or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without
notice at any time for any reason. The provisions of
paragraphs 1 (Copyright, Licenses and Idea Submissions),
2 (Use of the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall survive any
termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in
accordance with the laws of the State of Texas applicable
to agreements made and to be performed in Texas. You
agree that any legal action or proceeding between MapHosting.com & Maphosting Web Consultant Services and you for any purpose
concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal
or state court of competent jurisdiction sitting in
Texas. Any cause of action or claim you may have with
respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or
such claim or cause of action is barred. MapHosting.com & Maphosting Web Consultant Services' failure to insist upon or enforce
strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision
of this Agreement. MapHosting.com & Maphosting Web Consultant Services
may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Any
rights not expressly granted herein are reserved.
Copyright notice. Copyright 2003 MapHosting.com, a menuvenue
llc business.
P.O. Box 600801, Dallas, Texas 75360. All rights reserved.
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