Randolph Writers Terms and Conditions
V 4.0 revised March 25, 2008
Randolph
Writers provides this web hosting service, and all scripts and code
referred to as “Randolph Writers” and to the client “as is” and subject
to the terms and conditions set forth below. Use of the Randolph Writers web sight is evidences your agreement to them.
Acceptance of Terms
If you do not agree to the terms of this agreement, do not purchase, use or access the service. By leasing a web sight, you agree to these terms.
Client
shall not use Randolph Writers, in whole or in part, for any purpose
that is unlawful or prohibited by this Agreement. Client agrees that
the Client will not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from,
frame in another web page, use on any other Web site, transfer, or sell
any information, software, lists of users, databases or other lists,
products or services provided through or obtained from the Service
other than for use in creating a Web site ("Client Web Site") in
accordance with this Agreement. Client agrees that the Client will not
use the Service in any manner that could damage, disable, overburden,
or impair the Service or interfere with any other party's use and
enjoyment of the Service. Client may not obtain or attempt to obtain
any materials or information through any means not intentionally made
available or provided for through the Service. Client will not access
other’s password protected areas of the website and obtain a copy of
other technologies offered as part of Randolph Writers. If client attempts to access prohibited areas of the Service, client may be subject to prosecution.
Client agrees to pay for services online or mail a payment within 30 days of beginning service. If other arrangements must be made, Clients agrees to pay a service fee for alternative invoicing and payment.
Client
agrees that Randolph Writers may have to impose limits from time to
time to assure that all clients have fair use of the service. This could include, but not be limited to, amount of email or discussion board activity allowed on one client’s Site.
With respect to the content on the Client Web Site, Client agrees not to:
1. Post, upload or otherwise transmit any content:
· Which
is misleading to others or impersonate any person or entity or falsely
state or otherwise misrepresent Client affiliation with a person or
entity to others, including, but not limited to, consumers;
· That
is inappropriate, harmful to minors, threatening, abusive, harassing,
defamatory, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable;
· That
Client does not have a right to post and transmit under any law or
under contractual or fiduciary relationships (such as information
learned or disclosed as part of employment relationships or under
nondisclosure agreements);
· That constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party
· That
contain software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment and/or
attempt to access the accounts of others, or attempt to penetrate
security measures of offtheblocks.com, its vendors or suppliers or
other entities' systems ("hacking"), whether or not the intrusion
results in corruption or loss of data;
· That would impose an unreasonable or disproportionately large load on Randolph Writers infrastructure;
· That
could be interpreted as unsolicited or unauthorized advertising,
promotional materials, "spam," "chain letters," "pyramid schemes," or
any other form of solicitation;
2.
Interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
3.
Sell, distribute, disseminate or link to any sites concerning:
firearms, explosives, ammunition, liquor, or tobacco products, or any
other products or services which would be reasonably considered to be
inappropriate for minors.
Intellectual Property
Client
warrants that it is the owner of all of the materials and information
and of the copyrights and other rights therein (or has received
permissions from the appropriate owners) which are published, displayed
or otherwise contained on Client’s Web Site.
By
purchasing a Client Web Site from Randolph Writers, Randolph Writers
gives the client permission to use the offered Material as part of this
service. However, access to the Site does not
grant to you the right to reproduce, copy, or distribute any of
Material provided by Randolph Writers (except you may use the
communication tools provided by the site for the distribution of your
content) by any means, method, or process whatsoever, now known or
hereafter developed.
All
text, graphics, layouts, and multimedia content available from Randolph
Writers and all related code (including but not limited to HTML, other
mark-up languages, and all scripts) within this site are the property
of Randolph Writers and /or its affiliates. All material provided on
this Site by Randolph Writers., including (but not limited to) images,
illustrations, multimedia, is protected by copyrights that are owned or
controlled by offtheblock.com and/or its affiliates or by other parties
that have licensed their material to them (or posted to the Site
pursuant to a user agreement with Randolph Writers). Material provided
by the Randolph Writers may not be copied, reproduced, republished,
uploaded, posted, transmitted or distributed in any way unless the
material explicitly states that distribution is acceptable.
Modification of the materials or use of the materials for any other
purpose is a violation of copyright and other proprietary rights. The
use of any such material on any other Web site or computer environment
is prohibited.
If you believe any material on this Site is infringing on your copyright, please contact Randolph Writers immediately:
Randolph Writers
112 West Henry Street
Farmland, In. 47340
765-468-8489
No Warranties
This
site, including any service or any content contained within it, is
provided "as is" with no representations or warranties of any kind,
either expressed or implied. In particular (but without limitation),
Randolph Writers does not warrant that the functions contained in the
materials on the site will be uninterrupted or error-free, that defects
will be corrected, or that the site or the server that makes them
available are free of viruses or other harmful components. Randolph
Writers does not warrant or make any representations regarding the use
or the results of the use of the materials in the site, in terms of
their correctness, accuracy, reliability, or otherwise. You (and not
Randolph Writers) assume the entire cost of all necessary servicing,
repair or correction. You assume total responsibility and risk for your
use of this site, all site-related services, and the content of any
sites that may be linked to this site.
Although
Randolph Writers attempts to ensure the integrity and accurateness of
the Site, it makes no guarantees whatsoever as to the correctness or
accuracy of the Site. It is possible that the site could include
inaccuracies or errors, and that unauthorized additions, deletions and
alternations could be made to the site by third parties.
In the event that an inaccuracy or other problem arises, please inform Randolph Writers so that it can be corrected.
Randolph Writers, 112 West Henry Street, Farmland, In. 47340.
.
Warning
Randolph
Writers make no warrant as to the safety, reliability, accuracy,
timeliness, usefulness, adequacy, completeness or suitability of any
information on the Site. The Provider cannot and does not warrant
against human and machine errors, omissions, delays, interruptions or
losses, including loss of data. The Provider cannot and does not
guarantee or warrant that files available for downloading from this
Site are free from infection by viruses, worms, Trojan horses or other
code that may harm your computer or system. The Provider does not
warrant that this Site will be delivered to you over the Internet
uninterrupted or error-free or that defects will be corrected. Clients
are responsible for implementing and maintaining adequate procedures
and safeguards. Use of all information, including web pages, bulletin boards, email, and other technologies provided is done at your own risk.
Client
shall indemnify, defend and hold harmless Randolph Writers., its
partners, owners, managers, employees and agents from and against any
and all losses, damages, liabilities, demands, claims, suits, actions,
including reasonable attorneys’ fees and court costs, which may arise
from or relate to: (a) any unauthorized act or
omission of Client in conjunction with the performance of this
Agreement; (b) any of the services provided to Client under this
Agreement, or (c) Client breaching any of the warranties set forth any
place in this Agreement. The indemnification contained herein shall survive the termination of this Agreement.
Limitation of Liability
Randolph
Writers, its affiliates, owners, and sponsors, are neither responsible
nor liable for any direct, indirect, incidental, consequential,
special, exemplary, punitive or other damages arising out of or
relating in any way to the Site, Site-related services and/or content,
or information contained within the Site. Your sole remedy for
dissatisfaction with the Site and/or Site-related services is to stop
using the Site and/or those services.
Content
The
information and opinions expressed on user Web pages, bulletin boards,
chat rooms, or other forums conducted on the site are not those of
Randolph Writers or its affiliated or related entities or content
providers. Randolph Writers merely provides the Internet Services by
which third parties are able to post information. While Randolph
Writers may remove any such content provided by third parties for any
reason whatsoever, Randolph Writers does not undertake to review or
monitor such discussions or Web page content. Randolph Writers makes no
representations or warranties regarding that information or those
opinions. Neither Randolph Writers nor its affiliated or related
entities or its content providers are responsible or liable to any
person or entity whatsoever, including (without limitation) persons who
may use or rely on such data or materials, or to whom such data or
materials may be furnished, for any loss, damage (whether actual,
consequential, punitive or otherwise), injury, claim, liability or
other cause of nay kind or character whatsoever based upon or resulting
from any information or opinions provided at the site.
By
developing Web pages through the Randolph Writers site or providing any
other information using other technologies provided by Randolph Writers
(such as a bulletin board), you grant to Randolph Writers a
non-exclusive, worldwide, royalty-free, perpetual license to any of the
information (including but not limited to text, graphics, video, and
sound), notes, message or billboard postings, ideas, suggestions,
concepts or other material (all such content being referred to as "User
Content"). You hereby grant to Randolph Writers the right to
sublicense, to reproduce, distribute, transmit, create derivative works
of, publicly display and publicly perform any material and other
information (including ideas for new and improved products) all such
User Content. When you submit material to the Site, you agree that
Randolph Writers, along with its owners, has the right to publish or
use the material for any type of use as outlined above, including
promotional and advertising purposes.
You
shall not submit or otherwise distribute any content that: (a) libels,
defames, invades privacy, or is obscene, pornographic, abusive, or
threatening; (b) infringes any intellectual property or other right of
any entity or person, including (but not limited to) violating anyone's
copyrights or trademarks; (c) violates any law; (d) advocates illegal
activity; or (e) advertises or otherwise solicits funds or is a
solicitation for goods or services (other than services your
organization provides to its own members, such as signing up for a swim
meet). You agree to indemnify Randolph Writers and its officers,
directors, employees, agents, distributors and affiliates from and
against any and all third-party claims, demands, liabilities, costs or
expenses, including reasonable attorney's fees, resulting from your
breach of any of the foregoing agreements, representations and
warranties.
Operation
Randolph
Writers makes various decisions about what browsers and other
technologies are compatible with its services and makes no claims that
it is equally accessible to all. If you are dissatisfied with the
current accessibility, you may inform Randolph Writers, but Randolph
Writers is not required to make any adjustments based on your requests. If you find the service unsatisfactory, your only course is to discontinue use of the service. Randolph
Writers reserves the right to withdraw, suspend or discontinue any
functionality or features in the Site, including the cessation of all
activities associated with the Site for any reason what so ever.
By visiting or using Randolph Writers, you give permission for your activities to be monitored and logged for any purposes.
Our
use of your email and other contact information is not intended to be
used for unsolicited email or spam. Your email address may be used in
the following ways: (1) to send you emails concerning your service or
issues concerning this contract; (2) to periodically send you an email
containing announcements or changes to Randolph Writers. You will have
the opportunity to "opt-out" of any announcement email sent, but not
emails concerning your service or the contract.
Randolph
Writers reserves the right to change the terms or policies regarding
the use of the SERVICE at any time and to notify you by posting an
updated version of the terms on the Site.
General Provisions
In
any action brought under this Agreement, Randolph Writers and nHarmony,
Inc. shall be entitled to recover its actual costs, including travel
costs and lost work time, and attorney fees and all other litigation
costs, including expert witness fees, and all actual attorney fees and
litigation costs incurred in connection with the enforcement of a
judgment arising from such action or proceeding. The provisions of the
preceding sentence shall be severable from the provisions of this
Agreement and shall survive the entry of any such judgment.
This Agreement shall be governed by, interpreted, construed and enforced under the laws of the State of Indiana without regard to the conflict of laws provisions thereof.
Any
and all actions brought by either party against the other in connection
with or arising out of this Agreement shall be brought only in a court
of appropriate jurisdiction in Delaware County, Indiana, or in the United States District Court for the Southern District of Indiana. Client
hereby submits itself to the jurisdiction of any and all such courts
for purposes of any litigation between the parties in connection with
or arising out of this Agreement and waives any defense it may have
based on jurisdiction or venue.
