You understand that the phrase “Powered by eBusinessWebhosting.com” will be placed in the footer to each and every web page generated and transmitted by eBusinessWebhosting.com’s System but may be easily removed from your website through your website manager tools.
Reference to Your site
You agree to allow eBusinessWebhosting.com to announce our customer relationship with you in a press release or similar distribution. This includes allowing us to profile and link to your site in any communications.
Directory
You agree to allow eBusinessWebhosting.com to list your site in a eBusinessWebhosting.com directory without your permission unless otherwise agreed upon.
It is your responsibility to contact eBusinessWebhosting.com to have your site unlisted through either the email support feature in your website (log in at "eBusinessWebhosting.com", go to "help & support", "ask at question to support", "other") or through the email support/help feature on the eBusinessWebhosting.com home page (go to the "support" tab, "ask a question").
Third Party Content
For your convenience, the Service, which includes the eBusinessWebhosting.com Web site, contains products, services, content and information from third party providers (which includes advertisers and affiliates) and / or links to their Web sites ("Third Party Content").
Such Third Party Content is not under the control of eBusinessWebhosting.com and eBusinessWebhosting.com is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content.
eBusinessWebhosting.com is under no obligation, but does reserve the right to pre-screen Third Party Content available on the Service and does not assume any responsibility or liability for the content provided by others.
eBusinessWebhosting.com is providing such Third Party Content to you only as a convenience, and the inclusion of such content does not imply endorsement by eBusinessWebhosting.com of such content or the affiliate or advertiser.
You may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites.
eBusinessWebhosting.com does reserve the right to remove content that, in eBusinessWebhosting.com's judgment, does not meet its standards, but eBusinessWebhosting.com is not responsible for any failure or delay in removing such material.
eBusinessWebhosting.com is not and will not be responsible for
(i) the terms and conditions of any transaction between you and any third party,
(ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or
(iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services.
In the event that you have a dispute with any such third party, you release eBusinessWebhosting.com (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
End Users to Your site
Your relationship with your end users, “End Users” in this Agreement referring to any user who visits your site and uses the eBusinessWebhosting.com Service, is independent from eBusinessWebhosting.com.
eBusinessWebhosting.com will be not be held liable for any disagreements between you and your End Users and will not get involved with any disputes arising from your relationship.
Storage of Content
The storage space per web site is limited, so it is possible that some messages or other content you transmit may not be processed due to space constraints, or will not be stored for a long time.
You agree that eBusinessWebhosting.com is not responsible or liable for deleting or failing to store any content. You agree to download your email on a regular basis and will not leave a copy of the email on the servers. You agree that eBusinessWebhosting.com can delete any email on the servers older than 45 days.
If you delete your website in part or in whole, accidentally or intentionally, and you ask eBusinessWebhosting.com to attempt to retrieve it from the archives, you agree that eBusinessWebhosting.com will charge a $50 fee to your credit card for this service. You agree that eBusinessWebhosting.com is not responsible or liable for any content that cannot be retrieved.
Maintenance and Updates
eBusinessWebhosting.com reserves the right to interrupt service no more than five (5) percent of the year for maintenance and updates to our site. This service interruption does not include power outages, service loss or any other reasons as listed in Force Majeure.
Proprietary Rights to Content
You agree that Content presented through our site by eBusinessWebhosting.com, its advertisers, or others, including all text, graphics, logos, button icons, images, audio files, software, data compilations and other intellectual property, is owned by eBusinessWebhosting.com or its licensees and is protected by copyright, trade-mark, service mark, patent, or other proprietary rights and laws.
You agree not to otherwise copy, change, upload, transmit, sell or distribute any content available through eBusinessWebhosting.com's site, including code and software, except standard page caching which occurs in the normal course of browsing.
By way of example, you agree not to use any trade names or trademarks displayed on any other web site you operate such as in the meta-data of such web site. Except as expressly authorized by eBusinessWebhosting.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the software, in whole or in part.
You also agree not to record or otherwise make a copy of audio content on the site unless you have the permission of all parties to the conversation to do so.
Your Grant of Limited License
By posting or submitting content to the site, you
(a) grant to eBusinessWebhosting.com and its affiliates and licensees the royalty free, non-exclusive right to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote the content in any form, anywhere and for any purpose;
(b) warrant and represent that you own or otherwise control all of the rights to the content and that the public posting and use of your content by eBusinessWebhosting.com will not infringe or violate the rights of any third party; and
(c) waive all moral rights that you have in the content and warrant and represent that all other authors and creators of the content have also waived their moral rights in and to the content.
User Forums
The site provides users with the opportunity to post and share messages. You should use caution as any disclosed personal information becomes public information. We may, but we are not obliged to, monitor or review any content including messages posted to the site. eBusinessWebhosting.com is not responsible for any content, opinions, or views expressed by its members or visitors on its web sites.
External Links
eBusinessWebhosting.com's site may contain links to other sites. You agree that eBusinessWebhosting.com does not endorse any other sites and is not liable for any loss or damages related to the content, products or services available through those sites.
Because eBusinessWebhosting.com has no control over such sites and resources, you acknowledge and agree that eBusinessWebhosting.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that eBusinessWebhosting.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Headings
The titles and headings of the various sections and paragraphs in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon any of the provisions of this Agreement.
Force Majeure
eBusinessWebhosting.com shall not be liable for the failure to perform any of its obligations under this Agreement, if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes and other industrial disturbances, failure of raw materials suppliers, accidents, transmission difficulties, Internet outages, riots, insurrections, acts of God or orders of governmental agencies.
Security
You will be fully responsible for maintaining the confidentiality of your passwords, and you will notify eBusinessWebhosting.com immediately if you believe that the security of your account has been compromised.
eBusinessWebhosting.com DOES NOT REPRESENT OR IN ANY WAY WARRANT THAT ACCOUNT INFORMATION WILL REMAIN SECURE AND eBusinessWebhosting.com SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES RESULTING FROM ANY SECURITY BREACHES.
Confidential Information
“Confidential Information” is any data or information, oral or written, treated as confidential that relates to either party’s (or, if either party is bound to protect the confidentiality of any third party’s information, such third party’s) past, present, or future research, development or business activities, including any unannounced products and services, any information relating to services, inventions, processes, plans, source code, object code, binary code, algorithms, ideas, know-how, financial information, customer data, revenue, transaction volume, forecasts, projections, and the financial terms of this Agreement.
Notwithstanding the foregoing, Confidential Information shall not be deemed to include information if:
(i) it was already known to the receiving party prior to the Effective Date of this Agreement as established by documentary evidence;
(ii) it is in or has entered the public domain through no breach of this Agreement or other wrongful act of the receiving party;
(iii) it has been rightfully received by the receiving party from a third party and without breach of any obligation of confidentiality of such third party to the owner of the Confidential Information;
(iv) it has been approved for release by written authorization of the owner of the Confidential Information;
(v) it has been independently developed by a party without access to the Confidential Information of the other party; or
(vi) it is required to be disclosed pursuant to final binding order of a governmental agency or court of competent jurisdiction, provided that the owner of the Confidential Information has been given reasonable notice of the pendency of such an order and the opportunity to contest it.
Relationship to Customer
eBusinessWebhosting.com and you shall perform all duties under this Agreement as independent contractors. Nothing in this Agreement shall be construed to give either party the power to direct or control the daily activities of the other party, or to constitute the parties as principal and agent, employer and employee, franchiser and franchisee, partners, joint venturers, co-owners, or otherwise as participants in a joint undertaking.
The parties understand and agree that, except as specifically provided in this Agreement, neither party grants the other party the power or authority to make or give any agreement, statement, representation, warranty, or other commitment on behalf of the other party, or to enter into any contract or otherwise incur any liability or obligation, express or implied, on behalf of the other party, or to transfer, release, or waive any right, title, or interest of such other party.
Severability
If any provision of this Agreement shall be held illegal, unenforceable, or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
