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User Agreement / Terms of Use

Web Site Usage: By ordering and using the Equity One Mortgage / Yz Virtual Design website Products and Service you (user) agree to the following basic terms of service.

Equity One Mortgage/Yz Virtual Design allows users to request and maintain a web site using online tools, by selecting from predetermined designs and options. When a site is ordered via our online system, user will be billed initially a website set-up fee to include domain, hosting, forms, etc.; user will then be billed every 12 months to renew site to include private domain registration, secure hosting and site maintenance.

User will be notified in advance when renewal is coming due. It is the user’s responsibility to make sure renewals are paid on time, or website and domain registration will be released.
Equity One Mortgage /Yz Virtual Design reserve the right to terminate this agreement at any
time with or without cause, including violation of the Terms of Service or failure to pay fees at
the time website is ordered. Termination does not release user from the obligation to pay all accrued charges.

User may terminate account at any time by sending an email to info@YzVirtualDesign.com. We require 45 days advance notice for termination of website.

Setup Fees are Non-Refundable. Hosting Fees are Non-Refundable after the first month
of service.

Although we do not anticipate an increase over what user is quoted, Equity One Mortgage /
Yz Virtual Design reserves the right to change the amount of the annual fee charged, with at least 30 days notice prior to renewal date. Any changes in fees will be communicated via the email address user provides for use in conjunction with this service.


USER CONDUCT
User agrees not to use website to upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.


SPAM POLICY
Sending bulk unsolicited commercial email in relation to user site is prohibited. Any opt-in Email marketing, etc. that will include user’s website/domain name is required to follow all canned SPAM regulations and must provide a clear method for recipients to opt-in and opt-out in all communications.
Violation of the SPAM policy may result in the termination of your account.


INDEMNITY
User agree to indemnify and hold harmless Equity One Mortgage/Yz Virtual Design, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content users submit, post, transmit or make available in conjunction with site, users use of our service, users connection to the service, user violation of the TOS, or user violation of any rights of another.


PROPRIETARY SOFTWARE
User agrees that user has no right or claim to the websites code or technology. User acknowledges and agrees that the any proprietary and confidential information that is protected by applicable intellectual property and other laws, relating to users site, will be kept confidential. Except as expressly authorized by Equity One Mortgage / Yz Virtual Design, user agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on user site, in whole or in part.


WARRANTIES
EVERY ATTEMPT IS MADE TO PROVIDE ACCURATE RELIABLE SITES TO OUR USERS, HOWEVER USERS ACKNOWLEDGE AND AGREE THAT THE SITE IS BEING PROVIDED
" AS IS, WITH ALL FAULTS," AND THAT EQUITY ONE MORTGAGE/YZ VIRTUAL DESIGN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE USEFULNESS, ACCURACY, COMPLETENESS, FEASIBILITY, RELIABILITY OR EFFECTIVENESS OF THE SITE OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. Without limiting the previous statement, Equity One Mortgage/Yz Virtual Design hereby disclaims all warranties of title, non-infringement, implied warranties of merchantability or fitness for a particular purpose in connection with user site.

IN NO EVENT SHALL EQUITY ONE MORTGAGE/YZ VIRTUAL DESIGN BE LIABLE FOR
ANY FAILURE, DISRUPTION, DOWNTIME, INTERRUPTION, MISCALCULATION, INCORRECT LINKAGE, LOSS OF DATA, DELAY, INACCURACY OR OTHER NONPERFORMANCE OF
THE SERVICE OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE SITE OR SERVICE.

You agree that regardless of the form of any claim you might have, your sole remedy with respect to any claims made against Equity One Mortgage/Yz Virtual Design relating to this agreement shall be limited specifically to reimbursement of payments made for the services rendered as spelled out in this agreement.

The host (secureserver.net) may periodically make the system unavailable for routine maintenance, upgrades, or repairs without liability. If at any time we have advance notice of such system unavailability, we will make every attempt to notify user.


LIMITATION OF LIABILITY
USERS EXPRESSLY UNDERSTAND AND AGREE THAT EQUITY ONE MORTGAGE/
YZ VIRTUAL DESIGN, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR SUBCONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EQUITY ONE MORTGAGE/YZ VIRTUAL DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) DAMAGES RESULTING FROM A THIRD PARTY UNLAWFULLY ENTERING THE SUPPORTING WEB SERVER OR ON- LINE SYSTEM AND ACCESSING, ALTERING, OR DESTROYING DATA; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.


CHANGES TO TERMS OF SERVICE
Equity One Mortgage / Yz Virtual Design reserve the right to change any other section of the
terms of service without notice at any time. User may not make any modification to these terms that will be binding upon Equity One Mortgage/Yz Virtual Design unless it is made in writing and signed by both parties.


AGREEMENT
The Terms of Service constitute the entire agreement between user and Equity One Mortgage/
Yz Virtual Design and governs user use of Service. This agreement shall be governed by the substantive laws of the State of Missouri without regard to conflict of law principles. Users agree
to submit to the personal and exclusive jurisdiction of the courts located within the State. These terms constitute the entire agreement with respect to its subject matter and supersede all prior or contemporaneous agreements, representations, warranties and understandings of such parties (whether oral or written). The failure of Equity One Mortgage/Yz Virtual Design to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the pro vision, and the other provisions of the TOS remain in full force and effect. Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 
Equity One Mortgage * Yz Virtual Design. All Rights Reserved 2002-2008