Blinkweb.com (Blinkweb.com or Host or Web site Host) operates a Web site (Site or Web Site) for Users (You or User) to register and create a Web site on Blinkweb.com (Services).† User acknowledges that Blinkweb.com and or Services may be subject to temporary shutdowns due to causes beyond Blinkweb.comís reasonable control. Furthermore, subject to the specific terms of this Agreement, Blinkweb.com retains sole right and control over the programming, content and conduct of transactions over its respective site.
Access To This Site
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED AS DOING SO.
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information.† It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete.† If Blinkweb.com believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.
Restrictions On Use
This site may be hyper-linked to other sites which are not maintained by, or related to, Blinkweb.com.† Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Blinkweb.com.† Blinkweb.com has not reviewed any or all of such sites and is not responsible for the content of those sites.† Hyper-links are to be accessed at the user's own risk, and Blinkweb.com makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site.† Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Blinkweb.com of that site.
You understand that Blinkweb.com cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may 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 this site for the reconstruction of any lost data.† Blinkweb.com does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Blinkweb.com.† Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment.† Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK.† The Content is provided ďas isĒ and without warranties of any kind, either expressed or implied.† Blinkweb.com disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT.† Blinkweb.com does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.† Blinkweb.com does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise.† The content may include technical inaccuracies or typographical errors, and Blinkweb.com may make changes or improvements at any time.† You, and not Blinkweb.com, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT.† Blinkweb.com MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Blinkweb.com does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
Limitation On Liability
BLINKWEB.COM, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF BLINKWEB.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.† IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BLINKWEB.COM AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO BLINKWEB.COM FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Further User is solely responsible for any liability arising out of or related to any Web Site additions made by User.† User agrees to indemnify and hold Host harmless from and against any and all liabilities, losses, damages, costs, and expenses, including reasonable attorney fees and experts' fees, associated with any claim or action brought against Host related to or arising out of Userís Web site, any Web Site additions by User or User's breach of its warranties under this Agreement. This indemnification agreement will survive termination of this Agreement.
User agrees to defend, indemnify, and hold the other party, and its officers, directors, agents, and employees, harmless against all costs, expenses, and losses (including reasonable attorney fees and costs) incurred through claims of third Parties against such party based on the operation of the User or the violation of third-party intellectual property rights by any materials provided by User or of any breach of any representation and warranty made in this Agreement.
The User shall indemnify and hold Blinkweb.com harmless from and against any Losses that Blinkweb.com may suffer, incur or be subjected to by reason of any legal action, proceeding, arbitration or other claim by a third party, whether commenced or threatened, arising out of or as a result of (a) the use of the User Marks by Blinkweb.com in accordance with this Agreement; (b) any content provided by the User to Blinkweb.com for display on the Blinkweb.com Site; (c) the operation of the User Sites; or (e) the offer or sale of any Products by the User or through the User Sites.
Indemnification Procedures. If any party entitled to indemnification under this Section (an "Indemnified Party") makes an indemnification request to the other, the Indemnified Party shall permit the other party (the "Indemnifying Party") to control the defense, disposition or settlement of the matter at its own expense; provided that the Indemnifying Party shall not, without the consent of the Indemnified Party enter into any settlement or agree to any disposition that imposes an obligation on the Indemnified Party that is not wholly discharged or dischargeable by the Indemnifying Party, or imposes any conditions or obligations on the Indemnified Party other than the payment of monies that are readily measurable for purposes of determining the monetary indemnification or reimbursement obligations of Indemnifying Party. The Indemnified Party shall notify Indemnifying Party promptly of any claim for which Indemnifying Party is responsible and shall cooperate with Indemnifying Party in every commercially reasonable way to facilitate defense of any such claim; provided that the Indemnified Party's failure to notify Indemnifying Party shall not diminish Indemnifying Party's obligations under this Section except to the extent that Indemnifying Party is materially prejudiced as a result of such failure. An Indemnified Party shall at all times have the option to participate in any matter or litigation through counsel of its own selection and at its own expense.
Trademarks, service marks, and logos appearing in this site are the property of Blinkweb.com or the party that provided the trademarks, service marks, and logos to Blinkweb.com.† Blinkweb.com and any party that provided trademarks, service marks, and logos to Blinkweb.com retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with this site any material that:
∑ you do not have the right to post, including proprietary material of any third party;
∑ advocates illegal activity or discusses an intent to commit an illegal act;
∑ is vulgar, obscene, pornographic, or indecent;
∑ threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
∑ seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
∑ infringes any intellectual property or other right of any entity or person, including violating anyoneís copyrights or trademarks or their rights of publicity;
∑ violates any law or may be considered to violate any law;
∑ impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
∑ includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
∑ disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
∑ includes MP3 format files that you do not have full legal writes to distribute;
∑ amounts to a 'pyramid' or similar scheme;
∑ disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
∑ contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
User represents to Blinkweb.com that the subject matter of the content of the User's Site doesnít contain any illegal, immoral, repulsive, defamatory, derogatory, harassing, harmful, threatening, obscene, vulgar, pornographic, racial or ethnic objectionable materials, depict sexual situations, promote discrimination on the basis of race, sex, sexual preference, national origin, ethnicity, nationality, disability, religious preference, or contain any material that violates any patent, trademark, copyright, trade secret, confidential information, or other property rights of any other party.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any).† Blinkweb.com will be entitled to monitor your password and, at its discretion, require you to change it.† If you use a password that Blinkweb.com considers insecure, Blinkweb.com will be entitled to require the password to be changed and/or terminate your account.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS BLINKWEB.COM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BLINKWEB.COM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER [BLINKWEB.COM] OR LAW ENFORCEMENT AUTHORITIES.
Digital Millennium Copyright Act (DMCA) Copyright Violations Procedure
Pursuant to the terms of the Digital Millennium Copyright Act of 1998 ("DMCA"), Blinkweb.com has registered an Interim Designated Agent with the United States Copyright Office.† Our Interim Designated Agent is assigned to receive all notifications under the DMCA.
If you are a copyright owner or an agent thereof and believe that any Author Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). Please use the Copyright DMCA Violations Procedure link provided on this Web site for further information.
You acknowledge the terms of the Digital Millennium Act of 1998 and the obligations on the part of Web Site Host in the event of a notice from any third party that the Web Site infringes upon the rights of any third party.† You consent to the Web Site Host following the procedures outlined in the Act in the event of a claimed infringement.† You understand and agree that Web Site hostís compliance with the Act may result in the Web Site being taken off line.† Web Site Owner indemnifies and holds the Web Site Host harmless from and against any and all damages that may result from the Web Site Hostís good faith compliance with the terms of the Act.
Blinkweb.com may† terminate† these† services, at any time, with or without cause and without notice to User.
User shall not engage in any action that is harmful to Blinkweb.com or other Users, to be determined solely by Blinkweb.com in its sole discretion, including but not limited to the following:
User shall refrain from causing any activity that results in a heavy server load, which is defined as more than 30% of average of all other users or Userís hosting services and User site will be cancelled without notice or recourse.
User is prohibited from using any service, program or device, that loads the User Web site †to viewerís browser without viewer entering the Affiliate Web site URL or viewer clicking on link to the User Web site.
User is prohibited from using any "pay for traffic" service or program that sells or provides Web site visitors or hits to Userís Web site.
Blinkweb.com has zero tolerance toward any Users associated with spam. The accounts of Users associated with spam are immediately terminated as soon as the violation is verified.
Blinkweb.com will immediately terminate any User account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk e-mail, or that is using Blinkweb.com URL in any spam communication.
For the purpose of this agreement SPAM is defined as e-mailing ANYONE, in bulk or by single mailing, about Blinkweb.com, Blinkweb.com or User products or services, who has not specifically requested the information directly from User. Mailings to names or lists that have been purchased, including but not limited to so called co-reg lists, regardless of the opt-in procedures, are not permitted. Blinkweb.com considers ANY type of advertisement about Blinkweb.com, Blinkweb.com products or services, posted to a Newsgroup or Chat Room, in violation of their posting rules, to be spam.
User agrees to comply with all U.S. State and Federal spam laws, including but not limited to the Federal CAN-SPAM Act.
Because damages are often difficult to ascertain, if actual damages cannot be reasonably calculated then you as User agree to pay Blinkweb.com liquidated damages of $500 for each piece of spam or unsolicited e-mail transmitted from or otherwise connected with your account, or actual damages, whichever is higher, to the extent such actual damages can be reasonably calculated.
As used in this TOS, the following terms shall have the meanings ascribed to them below
(a) The term "Browser" refers to a program used to provide interactive, graphical access to sites on the† World Wide Web.
(b) The term "Internet" refers to the global network of computers using the TCP/IP protocol for† communication.
(c) The term "Web" refers to the World Wide Web. The Web is a graphical interface used to access sites† on the Internet.
(d) The term "Web Site" refers to a series of interconnected Hypertext Markup Language documents† capable of residing on a single host server computer.
User agrees that Blinkweb.com reserves and has the right to include advertisements on all free Web sites to monetize the Blinkweb.com Services provide to Users should Blinkweb decide to do this. All paid websites will NEVER contain ads placed by Blinkweb.
Relationship Of Parties
The relationship between Blinkweb.com and User under this Agreement is that of the Blinkweb.com providing the Service to User and neither shall be, nor represent itself to be, the joint venture, franchiser, franchisee, partner, broker, employee, servant, agent, or representative of the other for any purpose whatsoever. No party is granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of, or in the name of, another party or to bind another in any matter or thing whatsoever.
DUTIES AND OBLIGATIONS
In its performance of this Agreement, each Party will comply with all applicable laws, regulations, orders and other requirements, now or hereafter in effect, of governmental authorities having jurisdiction. Except as expressly provided herein, each Party will be responsible for all costs and expenses incurred by it in connection with the use of the Web Site, execution and performance of this Agreement.
User agrees not to disparage Blinkweb.com, Blinkweb.com products or services or other Blinkweb.com Users in any manner.† User understands that disparagement may result in the immediate suspension or termination of User account.
Agreement Binding On Successors
The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.
This Agreement, along with other documents on this Web site, including but not limited to, the Web site copy, Terms of Service (TOS), Earnings Disclaimer, Disclaimer & Warranties Statement, and Privacy Statement, constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their Agreement.† It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement.† This Agreement shall take precedence over any other documents that may be in conflict therewith.
No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.
Last updated: June 23, 2008
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