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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.
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