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QUIK
Instant Website Builder Terms of Use Agreement
Welcome
to Quik Internet (the "Company"). This Instant Website Builder User Agreement
(the "Agreement") explains the terms and conditions governing your use
of a Company Instant Website Builder Service (the "IWB Service") and any
other content available on the IWB Service. By checking the box and clicking
on the Confirm Order button, you accept these terms and conditions and
acknowledge that the IWB Service is subject to certain limitations set
forth below. If you do not wish to accept this agreement, do not purchase
this IWB Service. By registering and purchasing the IWB Service, you agree
to use the IWB Service in a manner consistent with all applicable laws
and regulations and in accordance with the terms and conditions outlined
below. Once you have purchased an IWB Service, this Agreement supersedes
the Instant Website Builder Trial Agreement in its entirety.
1. Services
(a)
In general. Purchasing an IWB Service provides you (a "User") with the
service package described and selected by you at our website http://builder.quik-sites.com/.
(b) IWB Services: You will be able to use the proprietary and licensed
technology incorporated in the IWB Service to build and maintain your
web site ("User Website").
2. Payment Terms
(a)
For access to and use of any IWB Service, you agree to pay all fees and
charges specified in the IWB Service plans. All fees are due immediately
and are nonrefundable. If you upgrade your IWB Service, your IWB Service
fees shall be prorated. Company asks that you provide us with your credit
card information for payment, and all charges you incur for use of the
IWB Service will be charged to the credit card number you provide. If
Company does not receive payment from the card issuer, you agree to pay
Company all amounts due upon demand. Company may take commercially reasonable
actions to validate your credit card and collect all payments due. You
agree to pay all attorney and collection fees arising from any efforts
to collect any past due amounts from you to the extent allowed by law.
You understand that if Company does not receive timely payment of all
amounts due for any Service you purchase, your use of any IWB Service
may be severely restricted or terminated at Company's sole discretion.
This includes any Information you provide to Company while using any IWB
Service.
THE FEE FOR ANY IWB SERVICE IS NONREFUNDABLE. COMPANY WILL NOT REFUND
ANY FEES PAID BY YOU IF YOU TERMINATE YOUR AGREEMENT WITH US.
(b) Company reserves the right at its sole discretion and as it deems
appropriate to add or remove certain IWB Services it offers and change
its fees for any IWB Services in accordance with Section 4.
(c) You agree to notify Company immediately if you suspect unauthorized
use of the IWB Service, your credit card, or your password. Under the
Fair Credit Billing Act, your credit card provider cannot hold you liable
for more than $50 of fraudulent charges. Subject to the following, if
your credit card provider holds you liable for any of this $50, Company
will cover your entire liability up to the full $50. Company will cover
this liability only if the unauthorized use of your credit card is solely
a result of a negligent act or omission by Company, and only for purchases
made at Company while using the secure server. In the event of an unauthorized
use of your credit card, you must notify your credit card provider in
accordance with its reporting rules and procedures.
(f) You agree to pay any taxes, including personal property taxes or sales
taxes, resulting from your use of the IWB Service. You agree to pay all
attorney and collection fees arising from our efforts to collect any past
due amounts from you to the extent allowed by law.
3. Restrictions and
Description of Prohibited Acts
(a)
You may not use any IWB Service, the selection of a web address for your
User Website, the Technology, or the User Website to, including, but not
limited to:
(i) display material containing pornographic material of any kind;
(ii) provide material that is grossly offensive to the Company online
community, including blatant expressions of bigotry, prejudice, racism,
hatred, or excessive profanity, or post any obscene, lewd, lascivious,
excessively violent, harassing, or otherwise objectionable content;
(iii) sell or promote any products or IWB Services that are unlawful in
the location at which the content is posted or received;
(iv) access illegally or without authorization any computers, accounts,
or networks of Company or any Company User, or attempt to penetrate Company
's security measures ("hacking"), or conduct a port scan, stealth scan,
or other information-gathering activity the intent of which is to gather
information to be used to attempt a system penetration; or upload to Company,
send through Company, or have Company host or distribute any Internet
viruses, worms, Trojan horses, other harmful code, pinging, flooding,
mail bombing, or denial-of-IWB Service attacks; or disrupt the use of
or interfere with the ability of others to effectively use the IWB Service
or any connected network, system, IWB Service, or equipment;
(v) display material that exploits, or otherwise exploit, children under
18 years of age;
(vi) post any content or otherwise infringe in any way or violate any
copyright, patent, trademark, IWB Service mark, trade name, trade secret,
or other intellectual property right of any third party;
(vii) promote, solicit, or participate in pyramid schemes;
(viii) post any content that holds Company up to public scorn or ridicule;
(ix) engage in any libelous, defamatory, scandalous, threatening, or harassing
activity;
(x) post or disclose any personally identifying information or private
information about children or any third parties without their consent
(or their parents' consent, in case of a minor); and/or
(xi) post any content that advocates, promotes, or otherwise encourages
violence against any governments, organizations, groups, or individuals
or that provides instruction, information, or assistance in causing or
carrying out such violence.
(b) You agree that without the express consent of Company (and showing
proof of the appropriate licenses where necessary or appropriate), you
will never provide, sell, or offer to sell the following products or content
(or IWB Services related to the same) on the User Website you create:
pharmaceutical or any other controlled substances; illegal drugs; illegal
drug contraband; alcohol; firearms; weapons; pirated computer programs;
pornography or illicitly pornographic sexual products; programs to "nuke"
or create attacks against another individual or an Internet IWB Service
provider; illegal goods; escort IWB Services; instructions on how to assemble
or otherwise make bombs, grenades, or other weapons; information used
to circumvent manufacturer-installed copy-protect devices; or computer
software viruses or software designed to create a virus.
(c) You also agree that you will never promote or provide instructional
information about: illegal activities, activities that can lead to physical
harm to any group or individual, or any activities that lead to cruelty
to animals. You may not use the IWB Service or User Website in any high-risk
activities where damage or injury to persons, property, environment, or
business may result if an error occurs. YOU EXPRESSLY ASSUME ALL RISK
FOR SUCH USE.
(d) Unless Company offers an IWB Service to conduct any of the following,
you agree that you will never conduct the following types of activities
on the User Website: gambling; sweepstakes; raffles; lotteries; contests,
pyramid, or Ponzi schemes; and/or unsolicited commercial email (spam).
(e) You agree that you will not (and you will not allow any third party
to) partake in the following actions: reverse engineering, reverse compiling
or otherwise deriving the underlying source code or structure or sequence
of any IWB Service, or any Technology; individual password of User Websites
(or pages contained therein); deleting or altering author attributes or
copyright notices, unless expressly permitted in writing by the author
or owner; and/or fail to obtain all required permissions when using a
IWB Service or Technology to receive, upload, download, display, distribute,
or execute programs or perform other works protected by intellectual-property
laws, including copyright and patent laws.
4. Changes to the
Terms and Conditions
Company
may at any time, with notice of not less than thirty (30) days, change
its fees and change the terms of this Agreement. Except for the addition
of new tools and IWB Services, Company will also give reasonable notice
before any modification of the then current IWB Service that could change
your User Website. Company will announce changes to our fees and charges
by posting them in the Projects section of our IWB Service. Company may,
at its discretion, supplement such notice by sending you an email or by
putting a popup notice on your screen when you access the IWB Service,
or by sending you a letter. If you find any change to be unacceptable,
you are free to terminate this agreement by following the steps described
in Section 7. Your use of the IWB Service after the effective date of
a change constitutes your continued acceptance of the terms of this agreement,
the IWB Service, and its fee schedule.
5. Information About
You and Your Business
(a)
Company is committed to protecting your privacy. Company will never sell
personally identifiable information about you or your business to any
third party without first receiving your permission, and all uses of any
personally identifiable information about you or your business will be
subject to our Privacy Policy.
(b) In order to protect you, Company uses state-of-the-art technology
to protect your data from unauthorized third parties. Currently Company
uses Secure Sockets Layer (SSL) software to protect your data and secure
your transactions. SSL encrypts your name, credit card data, and billing
address, as it is transmitted over the Internet.
6. Company Rights
(a)
User Website Content Changes. Company reserves the right to make changes
to User Website upon written request by you to Customer Support to do
so, such as through email, or upon breach of any of the provisions of
this Agreement by providing you notice of such breach and reasonable time,
determined by Company at its sole discretion, to rectify the infringing
content. If after such time has expired the User Website does not conform
to Company 's satisfaction, Company may make changes to the content of
User Website to bring it to compliance with this Agreement. User agrees
not to hold Company liable for any foreseeable, unforeseeable, direct,
or indirect consequences that may result from changes made by Customer
Support to User Website in response to User request to do so or in response
to a User Website that breaches this Agreement. Company 's decisions are
final and binding. Notwithstanding the above, Company also reserves the
right to discontinue the provision of any or ! all aspects of the IWB
Service or any Company Solution to any User for any breach of this Agreement.
(b) Communications. You will receive a confirmation email from us at the
time of registration. Company reserves the right to communicate with all
Users regardless of their email subscriptions in the event that important
messages need to be communicated to Users, including, but not limited
to, IWB Service outages, material changes or modifications to the IWB
Service, and notice of changes to this Agreement.
7. Term/Termination
(a)
Term.
This agreement shall be effective immediately when you click on the Confirm
Order button until terminated in accordance with the provisions below.
(b) Termination by Company.
(i) Company may at any time without notice to you discontinue any or all
aspects of the IWB Service or restrict your use of the IWB Service in
whole or in part for any breach of this Agreement by you; or if Company
determines in its sole and exclusive judgment that terminating your use
of the IWB Service is necessary for security reasons or for proper continued
operation of the IWB Service; or your use of the IWB Service or Technology
is not for legitimate business purposes, or your use of the IWB Service
violates any laws or regulation; or if Company receives information that
the IWB Service or your use of the IWB Service (or any part thereof) may
violate any third- party right.
(ii) Company may at any time, with thirty (30) days notice to you, modify
or discontinue any or all aspects of the IWB Service.
(iii) Company may at any time, with ten (10) days notice to you, modify
or discontinue any or all aspects of the IWB Service or any Company Solution,
if the credit card number you provide Company expires, or if Company is
unable to charge valid charges to that credit card number, or if you otherwise
fail to make payments due to Company hereunder.
(iv) Upon termination of this Agreement, all rights granted to you under
this Agreement shall terminate immediately. If Company terminates this
Agreement or suspends your access to the IWB Service, you will remain
liable for the full charge for the period during which we terminate or
suspend your IWB Service. Following such termination or suspension, you
agree not to reregister for or otherwise access the IWB Service without
Company 's prior written approval. Company reserves the right to delete
any data files associated with your use of the IWB Service upon termination
of this Agreement.
(c) Termination by You.
You may cancel your IWB Service at any time. To cancel, you must submit
a written request to Customer Support at least five (5) business days
before the beginning of your next billing period. If your notice to Company
is within this five (5) business-day period before the beginning of your
next billing period, you will be charged for the subsequent billing period,
and the cancellation will take effect for the following billing period.
Effects of Cancellation If you cancel your IWB Service, then as of the
end of the applicable billing period, you will no longer have access to
any of the tools and IWB Services included in the IWB Service, therefore:
(i) Company will no longer host your web site, and all of your Information
will be deleted;
(ii) you will no longer have access to any site building IWB Services,
or reports;
COMPANY IS NOT RESPONSIBLE FOR THE DELETION OF ANY FILE, ATTACHMENT, INFORMATION,
CONTENT, OR ANY OTHER CONSEQUENCE OF YOUR DECISION TO CANCEL THIS SERVICE.
8. Indemnification
You
agree to indemnify Company and hold Company harmless against any and all
liabilities, cost, and expenses, including reasonable attorney's fees
related to or arising from:
(i) your use of the IWB Service in a way that is prohibited or restricted
under this agreement;
(ii) infringement of any copyright, trademark, intellectual property,
or other right or patent by any material you post or use on your User
Website;
(iii) any breach by you of this Agreement; and/or
(iv) any indecent, obscene, or libelous material posted on your User Website.
9. Reporting Violations
Company
does not actively monitor the content of User Websites but will investigate
complaints of a violation of third-party rights. Violations or infringement
of a third-party copyright, other intellectual property right, or other
right will be dealt with in accordance with the Company Policy.
10. Proprietary Rights
As between
the parties, Company acknowledges that it claims no proprietary rights
in your Information or any intellectual property right contained therein.
As between the parties, you acknowledge and agree that Company and its
licensors own all right, title, and interest in:
(a) the IWB Service;
(b) and all content, including but not limited to text, software, music,
sound, photographs, video, graphics, or other material contained or maintained
on the IWB Service (collectively "Company Content"), excluding all User
Information. In addition, you agree that the Company Content and Technology
available on the IWB Service is protected by U.S. and international copyrights,
trademarks, IWB Service marks, patents, or other proprietary rights and
laws; therefore, you are permitted to use this Company Content and Technology
only as expressly authorized by Company or its licensors. You also understand
and agree that the compilation, collection, selection, arrangement, assembly,
and coordination of all Company Content available on the IWB Service is
the exclusive property of Company and its licensors and protected by U.S.
and international copyright laws. You agree that, except as expressly
authorized by Company, all the Company Content and Technology available
on the IWB Service may be used by you only for your internal business
and data-gathering purposes. You may make copies of selected portions
of the Company Content, provided that such copies are made only for your
internal use and only if you maintain any proprietary notices contained
in such Company Content; otherwise you may not make, use, sell, copy,
reproduce, distribute, transmit, or create derivative works from this
Company Content or Technology without expressly being authorized to do
so by Company.
11. Trademarks and
IWB Service Marks
Company
(SM), IWB Service (SM) and other pending and/or registered trademarks
and IWB Service marks, and other graphics, logos, and IWB Service names
used by Company on the IWB Service to identify the products or IWB Services
of Company (collectively the "Company Trademarks") are the trademarks
of Company. You agree not to use the Company Trademarks in connection
with your products or IWB Services or any third-party products or IWB
Services or in any manner that disparages or discredits Company. All other
brands and names (including third-party product names) used on the IWB
Service are the property of their respective owners.
12. Limitation of
Liability
(a)
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER CONDUCT OF YOUR BUSINESS AND
ALL OTHER MATTERS UNDER YOUR CONTROL. REGARDLESS OF THE TYPE OF CLAIM
OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL
COMPANY, OUR AFFILIATES, CONTRACTORS, IWB SERVICE PROVIDERS, EMPLOYEES,
AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING,
OR DELIVERING THE IWB SERVICE OR CONTENT AVAILABLE ON THE IWB SERVICE
("COMPANY AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER:
(I) FOR ANY DECISION MADE OR ACTION OR NONACTION TAKEN BY YOU IN RELIANCE
UPON THE INFORMATION PROVIDED THROUGH THE IWB SERVICE;
(II) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE
GOODS, IWB SERVICES, OR TECHNOLOGY;
(III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS,
EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) THE AGGREGATE LIABILITY OF COMPANY AND THE COMPANY AFFILIATES ARISING
FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR
CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO COMPANY DURING THE TERM
OF THIS AGREEMENT FOR ANY IWB SERVICE.
(c) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(d) IN NO EVENT IS COMPANY OR ANY COMPANY AFFILIATE LIABLE FOR ANY DAMAGES
ARISING FROM YOUR FAILURE TO PERFORM YOUR RESPONSIBILITIES IN CONNECTION
WITH THIS AGREEMENT, OR ARISING FROM ANY CAUSE BEYOND COMPANY 'S CONTROL.
(e) THIS SECTION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE
OF ACTION UNDERLYING YOUR CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF
CONTRACT (EVEN IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL
TERM OR A FUNDAMENTAL BREACH), OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE,
STRICT LIABILITY, FRAUD, MISREPRESENTATION, AND/OR OTHERWISE.
13. Warranties/Disclaimers
(a)
THE OPINIONS AND VIEWS EXPRESSED IN ANY USER WEBSITE DO NOT REFLECT THOSE
OF COMPANY, AND COMPANY DOES NOT REVIEW, VERIFY, ENDORSE, OR OTHERWISE
VOUCH FOR THE CONTENT OF ANY USER WEBSITES. COMPANY IS NOT RESPONSIBLE
FOR THE CONTENT OF ANY USER PAGE. USERS ARE SOLELY RESPONSIBLE FOR EVERYTHING
CONTAINED IN THEIR OWN USER WEBSITE. USERS MAY BE HELD LEGALLY LIABLE
FOR THE CONTENTS OF THEIR USER WEBSITE AND MAY BE HELD LEGALLY ACCOUNTABLE
IF THEIR USER WEBSITE INCLUDES, FOR EXAMPLE, ANY DEFAMATORY COMMENTS OR
MATERIAL PROTECTED BY COPYRIGHT, TRADEMARK, PATENT, OR TRADE SECRET OR
OTHER LAWS WITHOUT THE EXPRESS PERMISSION OF THE AUTHOR OR OWNER.
(b) COMPANY IS NOT RESPONSIBLE FOR THE DELIVERY OR QUALITY OF ANY GOODS
OR SERVICES SOLD OR ADVERTISED THROUGH THE COMPANY NETWORK OR THROUGH
ANY COMPANY AFFILIATE PROGRAM OR THROUGH THE USER WEBSITES.
(c) EXCEPT FOR 14(a), ALL IWB SERVICE, CONTENT, AND TECHNOLOGY PROVIDED
IN ASSOCIATION WITH THE IWB SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTIES
OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT
AS SPECIFICALLY SET FORTH HEREIN, NEITHER COMPANY NOR COMPANY'S LICENSORS
MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE
IWB SERVICE, CONTENT, TECHNOLOGY, OR PRODUCTS THAT COMPANY OR ITS LICENSORS
OR ANY OTHER THIRD PARTY PROVIDES, AND COMPANY AND ITS LICENSORS EXPRESSLY
DISCLAIM ALL IMPLIED AND EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT TO THE SAME.
WITHOUT LIMITING THE FOREGOING, NO WARRANTY IS GIVEN THAT THE IWB SERVICE
OR TECHNOLOGY IS ERROR-FREE. COMPANY AND ITS LICENSORS DISCLAIM ANY WARRANTY
OF TITLE OR ANY OTHER WARRANTIES FOR ANY THIRD PARTY'S OFFERING(S) OR
PRODUCT(S).
(d) COMPANY DOES NOT GUARANTEE THAT ITS SECURITY PROCEDURES WILL PREVENT
THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO YOUR INFORMATION. COMPANY
AND ITS LICENSORS ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION
ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED
OVER INTEREXCHANGE CARRIERS', LOCAL EXCHANGE CARRIERS', OR OTHER PROVIDERS'
FACILITIES.
(e) THE DOCUMENTS AND GRAPHICS APPEARING ON THE IWB SERVICE MAY INCLUDE
TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, AND OUT-OF-DATE INFORMATION;
THEREFORE YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE OF THE IWB Service
OR TECHNOLOGY.
(f) COMPANY MAY PROVIDE LINKS TO OTHER WEB SITES OR RESOURCES. YOU ACKNOWLEDGE
AND AGREE THAT COMPANY 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 ALSO AGREE THAT COMPANY
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 SUCH
EXTERNAL THIRD-PARTY SITES.
14. Miscellaneous
(a)
This Agreement shall be governed by and construed in accordance with U.S.
federal and Delaware laws, excluding its conflict-of-law provisions. The
application of the United Nations Convention on Contracts for the International
Sale of Goods is expressly excluded. Any law or regulation that provides
that the language of a contract shall be construed against the drafter
shall not apply to this Agreement. You agree to submit to the exclusive
jurisdiction of the federal and state courts of the state of Delaware.
If local laws prohibit your participation in any part of the IWB Service,
or use of them, then you are responsible for complying with such laws
and the terms of this Agreement.
(b) Any dispute arising from this Agreement, including, without limitation,
a breach of this Agreement, shall be governed by the laws of the State
of Delaware, without regard to its conflict of laws principles. You agree
to submit to the jurisdiction of the state and federal courts located
in Delaware.
(c) If any provision(s) of this Agreement is held to be contrary to law,
then such provision(s) shall be construed, as nearly as possible, to reflect
the intentions of the parties with the other provisions remaining in full
force and effect.
(d) All notices to you shall be in writing and shall be made either via
email or conventional mail, or by posting such notices on the IWB Service.
Company may broadcast notices or messages through the IWB Service to inform
you of changes to this Agreement, the IWB Service, or other matters of
importance; such broadcasts shall constitute notice to you. All notices
to Company from you must be made in writing via our Contact Us form.
(e) Company 's failure to exercise or enforce any right or provision of
this Agreement shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by Company in writing.
(f) Your usage of the IWB Service and any of your rights hereunder may
not be assigned or transferred to any third party. Company reserves the
right to assign this agreement to any third party that acquires all or
substantially all of its relevant business or assets.
(g) The section titles in this Agreement are solely used for the convenience
of the parties and have no legal or contractual significance.
(h) You represent and warrant that you are over the age of 18 years, have
read this Agreement, and agree to be bound by its terms and conditions.
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