ONESITE, Inc. SOCIAL NETWORK OPERATOR Terms and Conditions
1. THIS IS AN AGREEMENT BETWEEN SOCIAL NETWORK OPERATOR AND ONESITE, INC.
This is an agreement ("Agreement") between the Social Network Operator (“OPERATOR”) and ONESITE, Inc. ("ONESITE"). This Agreement governs the purchase of any social network product or service offered by ONESITE.
ONESITE OFFERS THE SOCIAL NETWORK HOSTING AND MARKETING SERVICES AND DOMAIN REGISTRATION TO OPERATOR CONDITIONED ON OPERATOR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. OPERATOR PURCHASE OF THE ONESITE SOCIAL NETWORK PRODUCTS CONSTITUTES OPERATOR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 16, 17, and 18); AND AN EXCLUSIVE REMEDY (See Section 14). THESE PROVISIONS FORM THE ESSENTIAL BASIS OF THE AGREEMENT.
2. HOW ONESITE MAY MODIFY THIS AGREEMENT
ONESITE may amend this agreement at any time, without notice, by posting the amended terms and conditions on our web site located at http://www.onesite.com. The link will be labeled Legal Notices and will be located at the bottom of the ONESITE home page. This agreement will also be contained in the ONESITE signup forms with a check box that must be checked in order to purchase services.
The OPERATOR is responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any ONESITE Web Site. The OPERATOR’s continued use of the ONESITE Web Sites after the effective date of such changes constitutes OPERATOR acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any ONESITE site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that ONESITE Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within those specific to a ONESITE Web Site, then the terms in this Agreement shall prevail.
Users of any social network the OPERATOR creates from the products purchased under this agreement will be bound by the ONESITE, Inc. USER terms located at http://www.onesite.com/tos.html . They will agree to these terms when they signup for their social networking site.
4. SUB-DOMAINS
ONESITE may offer sub-domains (such as user.OPERATORnetworkname.com) to select OPERATOR. All sub-domains of a Top Level Domain (TLD) will be registered by ONESITE and any rights in and to sub-domains shall be retained by ONESITE. Based upon the service level of the OPERATOR, OPERATOR may be granted certain non-exclusive rights to use the sub-domain. For example, the OPERATOR may be granted the rights to market their web services, for web site hosting, social networking, web log, etc. User understands that the information entered on their sub-domain will be made public and that ONESITE is not responsible for any content posted on the sub-domain.
5. SOCIAL NETWORK PRODUCT OFFERING AND EXCESS USAGE CHARGES
ONESITE may from time to time change the social networking products offered. OPERATOR agrees that ONESITE may move OPERATOR to a product the may not be the same as the original product OPERATOR purchased. The products currently offered and the details will be listed under the products link on http://www.onesite.com.
All products will have base disk space, throughput and user allocations detailed on the product link: Excess usage charges are as follows:
Throughput $2.00 per additional GB of throughput per month
Disk Space $5.00 per additional GB of disk per month
User $0.02 per additional user per month.
6. CUSTOM DEVELOPMENT
ONESITE may from time to time offer custom development included in specific social network product. OPERATOR agrees that ONESITE may not be able to develop the requested feature and that ONESITE may refuse requested features for any reason.
ONESITE and Operator will develop an initial statement of work for custom projects in excess of 10 hours initial development. The statement work will be an addendum to this contract.
7. AD REVENUE AND REVENUE SHARING
ONESITE shall receive all revenue generated from ads and ONESITE generated promotions on the FREE social network product. ONEsite shall not pay OPERATOR for ad revenue generated on the FREE social network product.
ONESITE shall initially receive all the revenue on the REVENUE SHARE product and shall pay OPERATOR 50% of revenue received when the revenue earned balance exceeds $100 within 30 days of receipt. ONESITE shall solely determine the position, frequency and source of ads placed on REVENUE SHARE product websites. ONESITE agrees to pay OPERATOR 50% of revenue from ONESITE generated promotions on the OPERATOR’s REVENUE SHARE product websites.
OPERATOR shall have the option on whether to place ads on the TOTAL CONTROL and CORPORATE CUSTOM products. ONESITE will offer an advertising and promotions management system for the placement and billing of OPERATOR ad campaigns. OPERATOR agrees to pay ONESITE 15% of the ad revenue generated when using the ONEsite advertising management system.
ONESITE may offer ONESITE sold ads to OPERATOR. IF OPERATOR agrees to place ONESITE sold ads on OPERATORS site, ONESITE will pay OPERATOR 50% of the ad revenue generated by those ads after a 15% commission fee.
8. OPERATOR TERMINATION AND TRANSITION PROCEDURES
OPERATOR may decide at any time to terminate the social network product. In the event that an operator using the FREE product or REVENUE SHARE product decides to terminate the social network product, ONESITE may elect to continue to operate the OPERATOR social network on an ongoing basis. In the event that ONESITE decides to continue to operate the social network, OPERATOR agrees to transfer the ownership of the domain to ONESITE. OPERATOR agrees to not use any method of automated content retrieval (web page harvesting, spidering, et al) to recapture Content or Users from a FREE social network product or REVENUE SHARE product in the event that ONESITE decides to continue to operate the social network.
In the event that the OPERATOR of a TOTAL CONTROL product or CORPORATE CUSTOM product decides to terminate, ONESITE will provide a copy of the user data including publicly posted text, imagery and videos within 30 days after receiving a notice to terminate from OPERATOR and collection of all fees owed by OPERATOR. Notice must be received by FAX or certified mail. OPERATOR of these two products shall maintain ownership of the domain used to provide the social network.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE ONESITE NETWORK
ONESITE does not claim ownership of Content OPERATOR or OPERATOR users submit or make available for inclusion on the ONESITE Network of sites. However, with respect to Content OPERATOR submits or makes available for inclusion on publicly accessible areas of the ONESITE Network, OPERATOR grants ONESITE the following world-wide, royalty free and non-exclusive license(s):
• With respect to all Content including, games, web logs, photo albums, graphics, audio or video OPERATOR submits or makes available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the ONESITE Network are those areas of the ONESITE network of Domains and Sub-domains that are intended by ONESITE to be available to the general public. By way of example, publicly accessible areas of the Service would include ONESITE domains and sub-domains such as (anyusername.webhero.com) and portions of the ONESITE Network that are open to both members and visitors. However, publicly accessible areas of the ONESITE Network would not include portions of World Wide Web sites that are accessible through hypertext or other links but are not hosted or served by ONESITE.
ONESITE does not claim ownership of Content OPERATOR or OPERATOR users submit or make available on OPERATOR paid hosting web site. However, if OPERATOR fail to pay an outstanding balance for the domain name or web hosting, OPERATOR grants ONESITE the following world-wide, royalty free and non-exclusive license(s):
• With respect to all Content including, games, web logs, photo albums, graphics, audio or video OPERATOR submits or makes available for inclusion on OPERATOR paid hosting web site, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. OPERATOR also forfeit ownership of the domain name to ONESITE.
10. PURCHASING OR TRANSFERRING A DOMAIN NAME
By purchasing a new domain name or transferring an existing domain name for use with OPERATOR SOCIAL NETWORK, OPERATOR agrees to the Catalog.com, Inc terms provided by its web hosting company WebHero and located at http://www.webhero.com/tos.php
11. MEMBER CONDUCT
OPERATOR understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that OPERATOR, and not ONESITE, is entirely responsible for all Content that OPERATOR uploads, posts, emails, transmits or otherwise makes available via the Service. ONESITE does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. OPERATOR understands that by using the Service, OPERATOR may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ONESITE be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
OPERATOR agrees to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a ONESITE official, forum leader, guide or host, or falsely state or otherwise misrepresent OPERATOR affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that OPERATOR does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose (please read our complete spam policy in Section 9.);
h. upload, post, email, transmit or otherwise make available any material that contains 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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. 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;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through n above.
OPERATOR understands that the technical processing and transmission of the Service, including OPERATOR Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
OPERATOR understands that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by ONESITE and/or content providers who provide content to the Service. OPERATOR may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Recognizing the global nature of the Internet, OPERATOR agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, OPERATOR agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which OPERATOR resides.
12. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
ONESITE prohibits the use of the ONESITE Services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial email ("Spam"). OPERATOR may not use any ONESITE services to send Spam. OPERATOR also may not deliver Spam or cause Spam to be delivered to any of ONESITE's ONESITE Services or ONESITE customers.
In addition, email sent, or caused to be sent, to or through the ONESITE Services may not:
• use or contain invalid or forged headers;
• use or contain invalid or non-existent domain names;
• employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
• use other means of deceptive addressing;
• use a third party's internet domain name, or be relayed from or through a third party's equipment, without permission of the third party;
• contain false or misleading information in the subject line or otherwise contain false or misleading content;
• fail to comply with additional technical standards described below;
• otherwise violate ONESITE's Terms of Use.
ONESITE does not authorize the harvesting, mining or collection of email addresses or other information from or through the ONESITE Services. ONESITE does not permit or authorize others to use the ONESITE Services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber email addresses, which are ONESITE's confidential and proprietary information.
ONESITE does not permit or authorize any attempt to use the ONESITE Services in a manner that could damage, disable, overburden or impair any aspect of any of the ONESITE Services, or that could interfere with any other party's use and enjoyment of any ONESITE Service.
If ONESITE believes that unauthorized or improper use is being made of any ONESITE Service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. ONESITE may immediately terminate any account on any ONESITE Service which it determines, in its sole discretion, is transmitting or is otherwise connected with any email that violates this policy.
Nothing in this policy is intended to grant any right to transmit or send email to, or through, the ONESITE Services. Failure to enforce this policy in every instance does not amount to a waiver of ONESITE's rights.
Unauthorized use of the ONESITE Services in connection with the transmission of unsolicited email, including the transmission of email in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.
13. MATERIALS OPERATOR POST OR PROVIDE; COMMUNICATIONS MONITORING
OPERATOR acknowledge that ONESITE may or may not pre-screen Content, but that ONESITE and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, ONESITE and its designees shall have the right to remove any Content that violates the terms of service or is otherwise objectionable. OPERATOR agrees that OPERATOR must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, OPERATOR acknowledges that OPERATOR may not rely on any Content created by ONESITE or submitted to ONESITE, including without limitation information in ONESITE Message Boards, and in all other parts of the Service.
OPERATOR acknowledges, consents and agrees that ONESITE may access, preserve, and disclose OPERATOR account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TERMS OF SERVICE; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to OPERATOR requests for customer service; or (e) protect the rights, property, or personal safety of ONESITE, its users and the public.
Users will also be subject to the ONESITE acceptable use policies located at http://dev.webhero.com/legal.php.
14. SOFTWARE
OPERATOR use of any software associated with the ONESITE Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If OPERATOR receives any software that is not accompanied by a EULA, then ONESITE grants to OPERATOR a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the ONESITE Web Sites and in accordance with this Agreement. ONESITE reserves all rights to such software not expressly granted to OPERATOR in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. ONESITE or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. OPERATOR will not disassemble, decompile, or reverse engineer such software, except and only to the extent that such activity is expressly permitted by applicable law. ONESITE may automatically check OPERATOR version of such software and may automatically download upgrades to such software to OPERATOR computer to update, enhance and further develop the ONESITE Web Sites.
15. INFORMATION AVAILABLE FROM THE ONESITE WEB SITES
ONESITE and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the ONESITE Web Sites including stock quotes, even if such information appears in any email, pager, cell phone or other alerts available through the ONESITE Web Sites. ONESITE and its suppliers do not authorize the use of information available from the ONESITE Web Sites including stock quote or other financial information, for any purpose other than OPERATOR personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. ONESITE is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the ONESITE Web Sites constitute an offer or solicitation to buy or sell any security. ONESITE does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the ONESITE Web Sites is intended to constitute professional advice, including but not limited to, investment or tax advice.
16. ONESITE MAKES NO WARRANTY
ONESITE PROVIDES THE ONESITE NETWORK OF WEB SITES AND SOCIAL NETWORK PRODUCTS "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE OPERATOR. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ONESITE PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE ONESITE PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE ONESITE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
17. LIABILITY LIMITATION; OPERATOR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY ONESITE PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR OPERATOR USE OF THE ONESITE WEB SITES, EVEN IF SUCH ONESITE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 14 IS INDEPENDENT OF OPERATOR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF OPERATOR ARE DISSATISFIED WITH THE ONESITE WEB SITES, OPERATOR DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR OPERATOR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY ONESITE PARTY WITH RESPECT TO THIS AGREEMENT OR THE ONESITE WEB SITES, THEN OPERATOR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ONESITE WEB SITES.
18. CHANGES TO THE ONESITE WEB SITES; ADDITIONAL LIABILITY LIMITATION
THE ONESITE PARTIES MAY CHANGE THE ONESITE WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As OPERATOR use the ONESITE Web Sites, OPERATOR should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by ONESITE and persons other than ONESITE (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 13 AND 14, OPERATOR ACKNOWLEDGES AND AGREES THAT THE ONESITE PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 13 AND 14, OPERATOR ACKNOWLEDGE AND AGREE THAT ONESITE IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT OPERATOR ACCESS TO OR USE OF THE ONESITE WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE ONESITE WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES OPERATOR MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE ONESITE WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH OPERATOR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE ONESITE WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 13, 14 AND 15 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE OPERATOR OF ANY MANDATORY PROTECTIONS PROVIDED TO OPERATOR UNDER APPLICABLE LAW.
19. TERMINATION; ACCESS RESTRICTION
ONESITE may terminate this Agreement, or terminate or suspend OPERATOR access to the ONESITE Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, OPERATOR right to use the ONESITE Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION OPERATOR HAVE STORED ON THE ONESITE WEB SITES MAY NOT BE RETRIEVED LATER.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. ONESITE may assign this Agreement, in whole or in part, at any time with or without notice to OPERATOR. OPERATOR may not assign this Agreement, or assign, transfer or sublicense OPERATOR rights, if any, in the ONESITE Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between OPERATOR and ONESITE with respect to the ONESITE Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between OPERATOR and ONESITE with respect to the ONESITE Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
20. OPERATOR HAS LIMITED TIME TO BRING OPERATOR CLAIM
OPERATOR AND ONESITE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ONESITE WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
21. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the ONESITE Web Sites are Copyright © 2006 ONESITE Corporation and/or its suppliers, 14000 Quail Springs Parkway, Suite 3600, Oklahoma City, OK 73134 U.S.A. All rights reserved. ONESITE, ONESITE logo and/or other ONESITE products and services referenced herein may also be either trademarks or registered trademarks of ONESITE in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners
22. INFORMATION PROVIDED ON OPERATOR ONESITE
ONESITE and its Partners may make available information such as weather, stock reports and news accessible on OPERATOR ONESITE. OPERATOR may not use this information for any commercial purposes. ONESITE and its Partners cannot guarantee the accuracy or validity of any information provided. USER is advised to use any information at there own risks.
23. THIRD PARTY ACCOUNT INFORMATION
By using the Toolbar menu through the ONESITE Web Sites, OPERATOR authorize ONESITE and its agents to access third party sites designated by OPERATOR or on OPERATOR behalf, to retrieve information requested by OPERATOR, and OPERATOR appoint ONESITE and its agents as OPERATOR agent for this limited purpose. Each time OPERATOR enter OPERATOR account login information, OPERATOR are permitting ONESITE and its agents to process OPERATOR request and use information submitted by OPERATOR to accomplish the foregoing. OPERATOR will choose a password when registering.
24. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement at:
http://www.webhero.com/legal.php .
25. USERS SHALL BE BOUND BY THE ONESITE, INC PRIVACY STATEMENT. FOR INFORMATION REGARDING THE ONESITE PRIVACY STATEMENT CLICK HERE.
http://www.webhero.com/legal.php .
26. RESOLUTION OF DISPUTES
For the adjudication of all disputes concerning or arising from the service and facilities provided under this agreement, all litigation shall be commenced in a state or federal court sitting in Oklahoma County, Oklahoma. This venue selection clause is mandatory, not permissive, and litigation shall not be commenced in any other venue. The parties hereby waive all objections and consent to the jurisdiction and venue of any state or federal court sitting in Oklahoma County, Oklahoma. For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Registrar is located.
Irrespective of the Conflict of Laws doctrine, this Agreement shall be governed, construed and enforced pursuant to the laws of the State of Oklahoma.
I have read the terms and conditions above, and I hereby agree to all terms by submitting my signup request to ONESITE, Inc. or by using the ONESITE, Inc. network of web sites.
