VeryVIP Web Hosting, VeryVIP Sitebuilder, and other incorporated and related products and services are provided by Panhandle On-Line, Inc. (hereinafter "Panhandle").
2. ACCEPTANCE OF TERMS
Panhandle On-Line, Inc. provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://veryvip.com/terms.cfm. In addition, when using particular Panhandle On-Line, Inc. owned or operated services, you and Panhandle On-Line, Inc. shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. Panhandle On-Line, Inc. may also offer other services that are governed by different Terms of Service.
3. DESCRIPTION OF SERVICE
Panhandle On-Line, Inc. provides customers with access to a rich collection of resources to enhance your web presence. You agree that our services may include certain communications from Panhandle On-Line, Inc., such as service announcements, administrative messages and the VeryVIP Newsletter, and that these communications are considered part of Panhandle On-Line, Inc. membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Panhandle On-Line, Inc. properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Panhandle On-Line, Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
4. YOUR REPRESENTATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Panhandle On-Line, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Panhandle On-Line, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Panhandle collects personal information when you register with Panhandle VeryVIP services, when you use VeryVIP products or services, when you visit VeryVIP pages or the pages of certain Panhandle partners. Panhandle may combine information about you that we have with information we obtain from business partners.
When you register we ask for information such as your name, email address, phone number, and similar contact information. Panhandle collects information about your transactions with us and with Carson Services, Inc. pertaining to our service. Panhandle automatically receives and records information on our server logs from your browser, including your IP address, and the page you request.
Although we do not do so at the present time, Panhandle may set and access cookies on your computer as needed to efficiently provide our services.
We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Panhandle On-Line, Inc. of any unauthorized use of your password or account or any other breach of security. Panhandle On-Line, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
7. CUSTOMER CONDUCT
You understand 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 you, and not Panhandle On-Line, Inc., are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Panhandle On-Line, Inc. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Panhandle On-Line, Inc. 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.
You agree to not use the Service to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. You also agree not to use the service to harm minors in any way; impersonate any person or entity, including, but not limited to, a Panhandle On-Line, Inc. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, email, transmit or otherwise make available any Content that you do 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); 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; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters," or any other form of prohibited solicitation; 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;
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; 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; 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; "stalk" or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in this paragraph.
You acknowledge that Panhandle On-Line, Inc. may or may not pre-screen Content, but that Panhandle On-Line, Inc. 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, Panhandle On-Line, Inc. and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you 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, you acknowledge that you may not rely on any Content created by Panhandle On-Line, Inc. or submitted to Panhandle On-Line, Inc., including without limitation information in Panhandle On-Line, Inc. Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that Panhandle On-Line, Inc. may access, preserve, and disclose your 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 TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Panhandle On-Line, Inc., its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand 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 Panhandle On-Line, Inc. and/or content providers who provide content to the Service. You 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.
8. COMPLIANCE WITH LOCAL AND INTERNATIONAL LAWS
You agree to comply with all local laws in your jurisdiction of residence regarding online conduct and acceptable Content. Specifically, without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Panhandle On-Line, Inc. does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Panhandle On-Line, Inc. the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of Panhandle On-Line, Inc. or submit for distribution as article exchange or RSS feed, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Panhandle On-Line, Inc. service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Panhandle On-Line, Inc. removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than article or content exchange, message boards, or RSS feeds, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Panhandle On-Line, Inc. removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than article or content exchange, message boards, or RSS feeds, 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.
You agree to indemnify and hold Panhandle On-Line, Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Panhandle On-Line, Inc. may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Panhandle On-Line, Inc.'s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Panhandle On-Line, Inc. has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Panhandle On-Line, Inc. reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Panhandle On-Line, Inc. reserves the right to modify these general practices and limits from time to time.
13. MODIFICATIONS TO SERVICE
Panhandle On-Line, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Panhandle On-Line, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, other than for advanced feed paid for the service for time periods after the service is discontinued.
You agree that Panhandle On-Line, Inc. may, under certain circumstances and without prior notice, immediately terminate your VeryVIP account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) you have engaged in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your Panhandle On-Line, Inc. account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Panhandle On-Line, Inc.'s sole discretion and that Panhandle On-Line, Inc. shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
15. DEALINGS WITH THIRD PARTIES
Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You agree that Panhandle On-Line, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence or relation of such third parties on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Panhandle On-Line, Inc. has no control over such sites and resources, you acknowledge and agree that Panhandle On-Line, Inc. 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 Panhandle On-Line, Inc. 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.
17. PANHANDLE'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Panhandle On-Line, Inc., 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 agree that Panhandle On-Line, Inc. maintains full proprietary rights to all code involved in the VeryVIP Sitebuilder service; all provided content, including without limitation all provided photos, audio, video, textual content and all other electronic media. You retain proprietary rights; except as otherwise provided herein; to all photos, audio, video, textual content and all other electronic media content that you submit for inclusion on your website. However, you understand and agree that you are not purchasing a perpetual right to use provided formatting or content and you may not download and move elsewhere those portions of your site that involve Panhandle's propriety code, HTML, photos, audio, video, textual content, or other media content. You understand that your website created with the VeryVIP Sitebuilder will not function on any other hosting platform and must be maintained on Panhandle's hosting service.
Panhandle On-Line, Inc. grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on OUR SERVERS ONLY; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Panhandle On-Line, Inc. for use in accessing the Service.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PANHANDLE ON-LINE, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PANHANDLE ON-LINE, INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PANHANDLE ON-LINE, INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PANHANDLE ON-LINE, INC. SHALL NOT BE LIABLE TO YOU 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 PANHANDLE 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 YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
21. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
Panhandle On-Line, Inc. may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
23. PROPRIETARY RIGHTS TO NAMES AND MARKS
You acknowledge and agree that the names Panhandle On-Lne, Inc., VeryVIP, VeryVIP Sitebuilder, and all images associated therewith on our site or elsewhere are the property of Panhandle On-Line, Inc. No license to use said names or marks other than as provided as part of the service is granted.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Panhandle On-Line, Inc. may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who in their use of the service infringeupon the copyright or intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Panhandle On-Line, Inc.'s the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Panhandle On-Line, Inc.'s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: P. O. Box 918, Marianna, Florida 32447.
25. GENERAL PROVISIONS
Entire Agreement. This TOS constitutes the entire agreement between you and Panhandle On-Line, Inc. and governs your use of the Service, superseding any prior agreements between you and Panhandle On-Line, Inc. with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Panhandle On-Line, Inc. services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Panhandle On-Line, Inc. shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Panhandle On-Line, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within Jackson County, Florida.
Waiver and Severability of Terms. The failure of Panhandle On-Line, Inc. 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 provision, and the other provisions of the TOS remain in full force and effect.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
ACCEPTANCE OF TERMS. Use of our service constitutes your acceptance of these terms. Do not use our service if you do not agree to these terms and conditions.
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