InfoTollgate LLC Terms of Use Agreement (the “Agreement”)
The Agreement is between InfoTollgate LLC (referred to as “We” or “Us” or “Our”) and You (defined below). This Agreement was last updated May 22, 2006.
All of Your (defined below) use of the Web pages at www.InfoTollgate.com and all content, products and services offered on these Web pages (hereafter, together, the “Web Site”), including without limitation, e-mail, links to other web sites, and access to information, are subject to the terms and conditions set forth in this Agreement below (the “Terms and Conditions”). By using the Web Site and/or accessing any content on the Web Site and/or using any of Our products or Our Services (defined below) described by the Web Site, whether or not for a fee, and whether or not by completing a registration form on the Web Site (hereafter, together or individually, to be referred to as the “Registration Process”), You represent and warrant that You are 18 years old or older and You agree to abide and be bound by the Terms and Conditions set forth in this Agreement. If you are licensing Our Services on behalf of any third party (“Third Party”), You hereby warrant and represent that You have the authority to bind the Third Party, and that the Third Party hereby agrees to all Terms and Conditions set forth in this Agreement. The terms “You” or “Your” or “User” refer to any person accessing the Web Site, or using or registering for any of Our Services described on the Web Site.
1. Definitions
a. “Bandwidth” means the amount of data transmitted to and from Our Servers by You and Your clients, customers and/or web site visitors within a unit of time.
b. “Disk Storage” means the electronic media storage, measured in megabytes, made available for Your website and data in connection with Our Services on Our Servers.
c. “Hosted Email Accounts” means email addresses, related email storage, and POP and web mail access provided as part of Our Services.
d. “Other Content” means any other information entered into the Web Site by Users or other persons, whether or not payment is made to some person or business other than Us at the Web Site. Such information shall include, but is not limited to, information entered in messages, bulletin boards, and chat rooms.
e. “Products” refer to any or all of the products offered from time to time on the Web Site and made available to the User, whether or not for a fee.
f. “Registered Users” means the aggregate number of users You or Your customers may register using Our Services.
g. “Servers” means the computers We provide in connection with Our Services that are connected to the Internet and World Wide Web, including web hosting Servers and email Servers. Our Servers may be owned by Us, or leased or rented by Us through third parties.
h. “Services” refer to any or all of the hosting and Software usage services provided by Us to You, including, without limitation, Web Site Generation and Hosting Services.
i. “Software” means all of the software and computer programs that We provide through Our Services and that are installed on the Server to which Your domain name is directed.
j. “Stored Documents” means the aggregate number of documents of all types electronically stored and managed by Our Services.
k. “Transaction Processing Time” means the amount of processor time required on our Servers to complete a single transaction. Unless otherwise stated, Transaction Processing Time is limited to thirty (30) seconds per transaction.
l. “Usage Quota” means the maximum amount of Transaction Processing Time, Storage, Bandwidth, number of Hosted Email Accounts, number of Registered Users, number of Stored Documents, and other services provided as part of Your service contract for Our Services. Usage Quotas for each product or service are described in the Product Description for that product or service on our web site with a domain name of www.InfoTollgate.com.
m. “Web Site's Own Content” means information entered into the Web Site by Our employees and authorized representatives and includes any products or services offered on the Web Site by Us, whether or not payment is made to Us.
n. “Web Site Generation and Hosting Services” means the Services that We provide that assist you in the generation of a website and that provide hosting services.
o. Web Site Ownership/Sites to Which these Terms of Use Apply
This Web Site is owned and operated by InfoTollgate LLC. We reserve the right at Our sole discretion to change the Terms and Conditions of this Agreement at any time for any reason (the “Changes”). Such Changes to the Terms and Conditions will be posted on the Web Site. Your use of the Web Site following the posting of any such Changes to these Terms and Conditions shall constitute acceptance of these Changes by the User. This Agreement applies to the Web Site, including, without limitation, www.InfoTollgate.com, and any web site provided to You under the hosting terms and conditions of this Agreement.
2. Our Services Including Web Site Generation and Hosting Services
a. What We provide You for Your license fee for Our Services: When You pay Your license fee for Our Services, We grant to You a limited non-exclusive right to use Our Software residing on Our Servers for the purposes of creating and managing a web site for Your commercial or non-commercial use. We grant You and Your customers the right to connect to, store data on, and conduct transactions on Our Servers; to use our Web Site Generation and Hosting Services, including Bandwidth for those connections, Disk Storage, and Our Server’s processing for Your transactions; and to use Our Software, running on Our Servers, within the limits of the Usage Quota defined by the Product or Service You have purchased.
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Amount of Service Granted: Your use of Our Web Site Generation and Hosting Services is limited by the Usage Quota for the Product or Service You have purchased and paid for. Usage Quotas are described in the Product or Service description posted on our Web Site (the “Product Description”) for the Product or Service You purchased, as of the date and time You purchased the Product or Service. You should print and keep a copy of that Product Description which is incorporated herein by reference. If You exceed Your Usage Quota for any Product or Service, we reserve the right to terminate Your connection and any of Your customers’ or clients’ connections to our Servers until Your account is brought back within the Usage Quota or additional fees are paid. The term of Your Product or Service, defined by the Product Description for the Product or Service You purchased, will continue during any time we suspend Your Services for being over Usage Quota.
(i) Your Usage Quotas are guaranteed for the duration of the term of the Product or Service You purchased. We reserve the right to change Usage Quotas and pricing from time to time at our sole discretion. If Your Product or Service contract lapses, the then-current pricing will take effect. You acknowledge and agree that the sole remedy for Us not providing You Your full Usage Quota for a given period of time is for Us to add that amount of time in which the Usage Quota was not provided to the end of the period of Your Product or Service contract without charge.
- Time for which Product or Service is Granted: We will provide the Products or Services to You for the term of the Product or Service that You have purchased as described in the corresponding Product Description on the Web Site. All payments for such Products or Services must be made in advance.
- Termination of a Product or Service: In the event that Your term of Your Product or Service expires, we agree to save Your data for a period of not less than thirty (30) days and not more than ninety (90) days. If You have paid Your account current, You may resume use of such Products or Services. In the event that You do not bring Your account current, we reserve the right to delete any data You have stored on our Servers.
- Restrictions on Content: We reserve the right to limit or prohibit, at Our sole discretion, any content stored on Our Servers that, in Our management’s opinion, is objectionable or illegal, including, but not limited to: adult content, content promoting violence or hate, and content promoting or enabling gambling activities prohibited by the laws of the United States or any State thereof. We reserve the right to suspend Your Product or Service until such content is removed, or terminate Your Product or Service, at our sole discretion.
You represent and warrant that any content or data You post to Your site using Our Products or Services is content or data owned by You, or to which You have appropriate licenses. You agree to indemnify and hold Us harmless against any claims or lawsuits for third party copyright or other intellectual property infringement claims related to Your site.
- Restrictions on Use: You may access only the Products or Services provisioned for You. You may not download, copy or modify Our Software running on Our Servers. You may not, without specific authorization from Us, access the computer source code stored on Our system. You may not place any virus, worm, spyware or warez on Our Servers, or in Your databases for download to Your users. You agree not to reverse engineer Our Software, templates or system functionality. You agree not to use Our Services to create a competitive suite of services without an Authorized Distributor or Authorized Reseller Agreement. You agree not to use any feature or capability of Our Software that is outside the scope of the Product or Service for which you contracted as described in the Product Description for that Product or Service on the Web Site.
b. Availability of Services: We agree that Our Servers will be available 99% of the time, which means that Our customers can expect that Our Servers may be down and out of service, for up to 600 minutes over the course of a 365 day year due to telecommunications or Server outages at Our data center(s). In the event that Our Server outages on Our Servers used by You exceed 50 minutes in any calendar month, We will extend Your Service contract by the amount of time that such Servers were unavailable subject to the conditions listed below:
- To qualify for this extension, you must document the system outage and request an extension through Our “Contact Us” screen.
- The only outages that qualify for this extension are outages caused by the failure of equipment and/or power at Our data center(s), including data centers where we lease, co-locate or rent servers. Outages for other reasons, such as failure of the telecommunications network, local domain name servers, or other causes of inaccessibility to Your domain are beyond the control of Our data center(s) and do not qualify for an extension.
- Inaccessibility to your Server caused by Your request to upgrade Your software or to install bug-fixes do not qualify for credit.
- You acknowledge and agree that extension of Your Services by the number of minutes of outage over the 50 minute per month level as described above is Your entire remedy for any system outage. You acknowledge and agree that We are in no way responsible or liable for any incidental or consequential damages, including but not limited to, loss of business or increase in business expenses.
c. Separate Businesses: You acknowledge and agree that We are a “common carrier” providing only certain Products, use of our Software, and Services which You are using to conduct Your business. We are not a party to any of Your business transactions or business activity. Likewise, You are not a party to any of Our business transactions. You agree to indemnify and hold Us harmless against any claims or lawsuits resulting from business services, product sales or other business transactions You may conduct using Our Services.
d. License to Use and Ownership: Payment of Your license fee grants You the right to use Our Software as described in paragraph 3 above. It does not give You any rights of ownership in Our Software or the right to make any copies of Our Software. The right to use Our Software is strictly limited to the use of the Software on Our Servers. We retain all rights to Our Software, including, without limitation, the copyright to all templates we provide for web pages on Our Web Site and all screen displays generated by Our Software or templates. .
e. Ownership of Your Data: Any data You or Your clients store on our Servers is owned by You. We claim no rights to ownership of Your data, provided that You and Your clients hereby grant to Us a non-exclusive license to store, display and use such data to provide the Products and Services as set forth in this Agreement. We strongly recommend that You back up Your data on a regular basis. In the event that Your account is unpaid, Your access to Your data stored on Our Servers may be suspended until Your account is paid current. Any custom templates designed for or by You are Your property. .
f. Common Carrier: You agree that We are a “common carrier” and are providing only the services by which Your data and content are presented to Your site visitors or users. You acknowledge and agree that We assume no liability for Your content or data. You fully indemnify Us against any and all damages resulting from any aspect of Your business activities, content, data and transactions. .
g. Rights to License: We warrant and represent that Our Software used to provide Services to You is either owned by Us or We have the right to provide the use of the Software to You. .
h. Payment Processing: If You or Your customers purchase any product or service on the Web Site using a third-party payment processing company (“Payment Processing Company”), with which our Software operates, currently PayPal (PayPal, a division of eBay Inc., is one of the largest online payment processing companies), You understand and agree (i) that Our Software merely temporarily and electronically collects the credit card information or account-identifying information (“Payment Information”) and transfers You or Your customer temporarily to the Payment Processing Company’s web site to process Your or Your customer’s Payment Information electronically; (ii) that neither We nor Our Software permanently stores Your Payment Information, (iii) that any information You enter for payment is a transaction between You and the Payment Processing Company, (iv) that notwithstanding Our efforts to use standard “SSL security” technology in the temporary electronic transfer of such Payment Information to Payment Processing Company that providing payments on the Internet has its risks across the entire electronic commerce industry; and (v) that We have no liability whatsoever to any losses resulting from such electronic payments in accordance with Section 4 below. .
3. NO WARRANTIES/LIMITATIONS ON LIABILITY
EXCEPT AS OTHERWISE EXPLICITLY PROVIDED IN THIS AGREEMENT, NEITHER THE WEB SITE NOR MAKES ANY REPRESENTATIONS, GUARANTEES OR WARRANTIES, EXPLICIT OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF OUR SOFTWARE, OUR SERVICES, OUR PRODUCTS OR THE CONTENT OF OUR WEB SITE, AS TO THE ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM ACCESSING AND USING THE WEB SITE, THE WEB SITE'S OWN CONTENT, THE OTHER CONTENT, OUR SOFTWARE OR OUR PRODUCTS OR OUR SERVICES DESCRIBED IN THE WEB SITE, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE WEB SITE. USE OF THE WEB SITE OR OF THE SOFTWARE OR PRODUCTS OR SERVICES DESCRIBED BY THE WEB SITE IS AT THE USER’S SOLE RISK AND DISCRETION. NEITHER THE WEB SITE NOR SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL THE WEB SITE, , OR ANY OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE WEB SITE, OUR SOFTWARE, OUR PRODUCTS, OR OUR SERVICES. YOU AGREE THAT ANY AND ALL LIABILITY ON THE PART OF ITS MANAGERS OR ASSOCIATES OR ANY OF ITS THIRD PARTY LICENSORS ARISING OUT OF OR RELATING TO USE OF THE WEB SITE OR ANY OF ITS PRODUCTS OR SERVICES OR SOFTWARE SHALL BE LIMITED TO THE AMOUNT YOU PAID US FOR SUCH PRODUCTS OR SERVICES OR SOFTWARE. ANY LIABILITIES SHALL BE PRO-RATED FOR THE AMOUNT OF TIME DURING THE TERM OF SERVICE THAT THE PRODUCTS, SERVICES OR SOFTWARE YOU PURCHASED FROM US WERE NOT AVAILABLE. WE RESERVE THE RIGHT TO EXTEND YOUR AGREEMENT FOR THE PERIOD OF TIME THAT OUR SERVICES, PRODUCTS OR SOFTWARE WERE NOT AVAILABLE TO YOU AS SOLE REMEDY FOR ANY LOST TIME IN USING OUR PRODUCTS, SERVICES, OR SOFTWARE ON THE WEB SITE.
4. Purpose of the Web Site
The purpose of the Web Site is to describe Our Products and Our Services offered by Us, and to enable You to acquire Our Products and Our Services. While We believe the Web Site’s Own Content to be accurate, we do not warrant or represent its accuracy, as errors could be introduced. Nor do we warrant or represent that any User will achieve any particular results by using the Web Site’s Own Content, Other Content, Our Products, or Our Services. We strongly advise Users of the Web Site to seek appropriate legal, accounting and other professional advice or consultation wherever appropriate and You agree to and do hereby release Us from any and all liability related thereto.
5. Use of the Web Site
Except for linking to any page of the Web Site, the User is prohibited from the dissemination of any portion of the Web Site through electronic means, including mail lists or electronic bulletin boards, without Our prior written consent.
Web Site’s Own Content and the Other Content on the Web Site may not be reproduced, transmitted, or distributed without Our express prior written permission. The User may not commingle any portion of the Web Site, including without limitation the Web Site’s Own Content and the Other Content, with any other information and shall not edit, modify, or alter any such portion. All of the Web Site's Own Content is either Our property or is licensed to Us and User agrees to and does hereby assign to Us any right, title and interest it may have therein. The User shall honor all reasonable requests by Us to protect Our proprietary interests in the Web Site, including without limitation the Web Site’s Own Content and the Other Content, as well as proprietary information about Our Services, Our Products and Our Software.
6. The User's Content
The User grants to Us, Our affiliates and partners the perpetual, world-wide, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, translate, alter, perform, display and publish all material entered into the Web Site by the User (other than third-party material transmitted through private electronic mail) (the “User Content”) in any manner related to the Web Site.
Users entering User Content into the Web Site are responsible for the content of such material. It is User’s obligation to ensure that no copyright, trademark, trade secrets, privacy rights or other proprietary rights are being violated or infringed by posting or transmitting any Other Content, including without limitation the User Content and User agrees to and does hereby indemnify Us against any claim of infringement or violation related thereto. Neither InfoTollgate LLC nor its directors, officers, partners, employees or representatives have any responsibility or liability for Other Content, including without limitation the User Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Web Site. We retain the right, which We may or may not exercise, in Our sole discretion, to review, edit, or delete Other Content, including without limitation User Content, which We deem to be illegal, offensive, or otherwise inappropriate.
The User agrees to and does hereby indemnify InfoTollgate LLC, its affiliates, directors, officers, partners, employees and representatives from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which InfoTollgate LLC, its affiliates, directors, officers, partners, employees and representatives may incur as a result of or arising from: (i) the User's breach of this Agreement or use of the Web Site; or (ii) material entered into the Web Site with the use of the User's “user name” or password, including without limitation the Other Content and User Content. We reserve the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify InfoTollgate LLC and its related parties.
7. Registration
If You use a portion of the Web Site that requires registration, as part of the Registration Process, You must select an “email address” as your “user name” and a password. The email You provide must be a valid email address that You legitimately own, and You must provide Us with accurate, complete, and updated information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of such User's access and other penalties.
8. Privacy Policy
We may, from time to time, use information You provide as part of the Registration Process to send You information regarding other Products or Services from Us that may be of interest to You, unless you “opt out” of receiving such notices according to the provisions on the Web Site. In addition, We may provide aggregated, anonymous statistical information about the Web Site users to other persons, including potential advertising clients. For detailed information about the Our Privacy Policy, and Your rights under it, click on the Privacy link on the Web Site.
9. Term and Termination
This Agreement will continue as long as You use the Web Site or you continue to use Products or Services We provide to you. In the event You breach any term of this Agreement or in the event that You are not current in payment for Services, then We reserve the right to terminate this Agreement and our Services and any use of Our content, Our Products, and/or Our Services.
10. General
This Agreement constitutes the entire agreement between the parties relating to the Web Site, the Software, the Products and the Services and supersedes any and all other agreements, oral or in writing, with respect to Us. Our failure to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to You, and You may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, Your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Florida, as if the Agreement was a contract wholly entered into and wholly performed within the State of Florida.
11. Paragraph Headings
Paragraph headings and numbers are for cross reference only and have no legal meaning with respect to the Terms and Conditions of this Agreement.
I HAVE READ AND I UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
Thank You.
InfoTollgate LLC
Management Team
EULA_20060521
