Noracom SiteBuilder Terms and Conditions

BY ENTERING OR USING Noracom SiteBuilder YOU ARE CONSENTING TO BE BOUND BY THESE TERMS OF SERVICE.
IF YOU DO NOT AGREE, DO NOT ENTER OR USE Noracom SiteBuilder.

The Service
These Terms & Conditions govern your use of Noracom SiteBuilder (the "Service"), an Internet subscription service operated by Noracom. Noracom currently provides users with access to a rich collection of on-line resources, including Web site creation and hosting services ("Noracom SiteBuilder"). Noracom SiteBuilder is provided to you by Noracom on an "AS IS", "AS AVAILABLE" basis subject to the provisions contained herein for your private use only. Any other use or attempt to use Noracom SiteBuilder for other purposes, directly or indirectly, by you or by a third party is prohibited. Unless explicitly stated otherwise, any new features that augment or enhance the current service shall be subject to these Terms of Service. The Service consists of computing and information services and software, information, interactive forums and other content provided by Noracom. In addition, third parties provide information, software and other content ("Third Party Content") which may be accessed over the Service. Your participation in the Service is conditioned upon your acceptance of the terms and conditions contained in this agreement. Please read the following terms and conditions and indicate your acceptance by clicking on the Submit button. Noracom reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time. Such changes or modifications shall be effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Noracom as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately terminate your subscription to the Service.

Terms of Registration
2.1 As part of the registration process, you will fill in certain information about yourself. You must provide accurate, complete, and current registration information and you agree to provide Noracom with any of that information promptly after such changes occur.

2.2 Subscriptions to the Service are available to both individuals and businesses. However, the individual who signs up for the account is responsible for maintaining and abiding by the terms set forth in this document. All registrants and operators of SiteBuilder must be at least 18 years of age. Your right to use the Service cannot be transferred to any other person or business.

2.3 You are responsible for all use of your account under any password by any person whether or not authorized by you and for ensuring that all use of your account complies with this Agreement.

2.4 Without in any way limiting your obligations under Section 3 below, Noracom reserves the right to delete any Web page or Web site uploaded, posted or displayed by you or any other user, at any time, without prior notice, for any reason or no reason. Noracom may terminate, at its own discretion, any registration, including without limitation any or all related information, communications, postings, Web pages or Web sites, at any time, without notice, for any reason or no reason, including without limitation for conduct that violates local, state or federal laws or regulations or these Terms of Service, or material that Noracom, in its sole discretion believes is harmful to others, the business of Noracom or other third party information or service providers.

2.5 You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, and other material (collectively, the "Content") that is protected by copyright, trademark or other proprietary rights of Noracom or third parties. All Content on the Service is copyrighted as a collective work of Noracom pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. The Content is intended for use by registered subscribers of the Service.

2.6 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, in whole or in part, except as otherwise expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright.

2.7 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of Noracom or the owners of such Content or their authorized persons, if other than Noracom. You may upload to or download from the Service any Content in the public domain for your own personal use or for noncommercial redistribution. You assume all risk and responsibility for determining whether any Content is in the public domain, regardless of any notices which may be posted on such Content.

2.8 You grant to Noracom the right to edit, copy, publish, distribute, translate and otherwise use any Content that you place on the Service, in any medium. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.

2.9 Any information supplied by you upon registration for the Service and certain other information which Noracom SiteBuilder may collect is subject to Noracom's privacy policy. For more information, you can review Noracom's privacy policy at http://www.noracom.com/privacy.htm.

User Information
By clicking the "ACCEPT" button, completing registration for service, or using the Service, you also are agreeing that Noracom may store information you provide as part of the registration process and usage information and provide aggregate statistical information about users to advertisers, potential advertisers and content licensors. Noracom also may use such information to inform you about other publications, products and services of Noracom and its affiliates and business partners, unless you notify Noracom that you do not wish to receive this information. Noracom also may deliver additional messages about the Service to you by e-mail. As a general policy, Noracom does not disclose to third parties any specific personal identifying information about you, such as your name, address, phone number or e-mail address ("Personal Identifying Information"). Noracom will not disclose any of your Personal Identifying Information to a third party without first notifying you and giving you an opportunity to elect not to have your Personal Identifying Information disclosed. See Noracom's privacy policy at http://www.noracom.com/privacy.htm

User Conduct
You, as a user of the Service, understand that all information, data, text, files, links, software, chat, content, music, sound, photographs, graphics, images, video, communication, messages or other materials and terms of expression (collectively "Information"), whether publicly posted or privately transmitted, are the sole responsibility of the user generating the same. This means that you are responsible and may be held legally liable for all Information that you upload, post or otherwise transmit via Noracom SiteBuilder. For example, you shall not: (a) transmit upload or post via Noracom SiteBuilder any Information that is offensive, vulgar, sexually explicit, racial, hateful, discriminatory, unlawful, invasive of another's privacy, exploitative of a minor, identifiable information pertaining to a minor, information or instructions concerning illegal activities, information that is harmful, threatening, abusive, harassing, defamatory, libelous, obscene, or otherwise objectionable; (b) harass, threaten, abuse, defame, embarrass or cause distress or discomfort to another; (c) transmit upload or post via Noracom SiteBuilder any Information that you are prohibited from transmitting by any law, including without limitation Information that infringes any patent, trademark, trade secret, copyright or other proprietary right; (d) transmit, upload or post any Information 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; (e) disrupt the normal flow of Information available on or through Noracom SiteBuilder or otherwise act in a manner that negatively affects other participants or users, transmit, upload or post hidden pages or images, interfere with or disrupt the functionality of Noracom or the Noracom servers or networks, or violate any requirements, procedures, policies or regulations of networks connected to Noracom SiteBuilder, the Noracom network, servers, directories, databases and listings; (f) transmit, upload or post any unsolicited advertising, promotional materials, or any other forms of solicitation; (g) intentionally or unintentionally violate any applicable local, state, national or international law or regulation;. (h) Translate, decompile, reverse engineer, disassemble, modify, copy, alter, merge into other software, exploit, reproduce, duplicate, rent, lease, sell, resell, lend, distribute, remarket or otherwise dispose of Noracom SiteBuilder, use of Noracom SiteBuilder, or access to Noracom SiteBuilder or any part thereof; (i) impersonate in any way, including without limitation by way of forging headers or otherwise manipulating identifiers, any person, entity, leader, Noracom official, operator or host; (j) collect or store personal data about other users in any way or form or solicit or harvest passwords or screen names; (k) use your allocated storage space on Noracom SiteBuilder as storage for remote loading of Information, or rent, sub-lease or transfer your allocated space on Noracom SiteBuilder to any third party; or (l ) link your Web site on Noracom SiteBuilder to Information not allowed on Noracom SiteBuilder under these Terms of Service. Noracom does not control, actively monitor or review the Information uploaded, posted, transmitted or made available on or through Noracom SiteBuilder and shall not be responsible for any Information and does not guarantee the accuracy, integrity or quality of such Information. You understand that by using Noracom SiteBuilder, you may be exposed to Information that is offensive, indecent or objectionable.

Information Posted on Noracom SiteBuilder
By transmitting, uploading, posting or submitting any Information to Noracom SiteBuilder you (a) declare such Information is not confidential, secret or proprietary information; (b) warrant that no other party has rights to the Information and that your transmission, posting, uploading or submission of the Information to Noracom SiteBuilder does not violate any copyright or other laws; and (c) irrevocably grant Noracom, a worldwide, royalty free, non-exclusive perpetual, worldwide license to use, display, perform, distribute, modify, reproduce and publish the Information in any form anywhere.
You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Information available on or through Noracom SiteBuilder. Noracom SiteBuilder shall not be obligated to actively monitor, review, or otherwise control in any manner, the Information users post, upload or transmit through Noracom SiteBuilder. However, Noracom reserves the right but not the obligation, in its sole discretion, to refuse or remove any Information available on or through Noracom SiteBuilder. Without limiting the foregoing, Noracom shall have the right to remove any Information that violates these Terms of Service or is otherwise objectionable in Noracom SiteBuilder's sole opinion.

THE INFORMATION ON Noracom SiteBuilder MAY INCLUDE INAPPROPRIATE MATERIAL. BY ENTERING OR USING Noracom SiteBuilder YOU UNDERTAKE FULL RESPONSIBILITY TO: (A) DETERMINE WHETHER THE INFORMATION COMPLIES WITH YOUR NEEDS (B) DETERMINE WHETHER YOU HAVE ADEQUATE LEGAL RIGHTS TO STORE, REPRODUCE OR OTHERWISE USE THE INFORMATION IN ANY MANNER CONTEMPLATED BY YOU AND (C) COMPLY WITH ANY LEGAL OBLIGATIONS, INCLUDING WITHOUT LIMITATION OBLIGATIONS IMPOSED BY COPYRIGHT, TRADE SECRET, DEFAMATION, INDECENCY, ONLINE CONDUCT AND ACCEPTABLE CONTENT, PRIVACY AND EXPORT LAWS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ENTER OR USE Noracom SiteBuilder.

Third Party Links
Some portions of the Noracom SiteBuilder or users' Web sites available on or through Noracom SiteBuilder may include links to third party sites. These links allow you to exit these Web sites and enter third party or other users Web sites. These links are provided only as a convenience. The linked Web sites are not reviewed, controlled or examined by Noracom and Noracom is not responsible for the Information, advertising, products, resources or other material, of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement of the linked site by Noracom. In no event shall Noracom be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the third parties' Web sites or the Information, advertising, products, resources or material accessed through these Web sites. Noracom reserves the exclusive right in its sole discretion to add, decline or remove, without warning, any icon or link to a Web site, from Noracom SiteBuilder and Noracom SiteBuilder users' created Web sites.

Fees and Payments
7.1 You agree to pay all fees and charges incurred by you or any third party using your Service account (whether or not authorized by you) at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to applicable taxes, and charges for any products or services offered for sale through the Service by Noracom or by any third party. Your right to use the Service is subject to any limits established by your credit card company if billing is through a credit card.

7.2 You shall be responsible for obtaining all telephone, telephone access lines, computer equipment and other products or services necessary to access and use the Service. You shall be responsible for all charges associated with accessing and maintaining a connection to the Service (e.g., charges imposed by an Internet access provider, or your local telephone company).

7.3 Unless you notify Noracom SiteBuilder that you do not wish to renew your membership, Noracom SiteBuilder will automatically renew your membership at the end of each term and bill the then-current renewal fee to the same credit card or credit line your original membership fee was billed to, or to the current credit card we have on our files.

7.4 You may terminate your account at any time by contacting Noracom. You are responsible for all charges incurred up to the time the account is terminated, including all monthly charges for the month in which termination became effective. Noracom reserves the right to change the amount of any fee or charge for the Service or to institute new fees or charges, effective on at least 30 days prior notice posted on the Service in the Member Services area.

7.5 Noracom reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability.

7.6 Noracom may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ENTERING OR USING OF Noracom SiteBuilder IS AT YOUR OWN RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE - INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF Noracom SiteBuilder IS GIVEN OR ASSUMED BY Noracom. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. Noracom MAKES NO WARRANTY THAT Noracom SiteBuilder WILL MEET YOUR REQUIREMENTS, OR THAT Noracom SiteBuilder WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; Noracom MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION AVAILABLE ON OR THROUGH Noracom SiteBuilder, INCLUDING BUT NOT LIMITED TO USER CREATED SITES, FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. ALL SUCH INFORMATION ON THE USER CREATED SITES IS PROVIDED BY THE USERS. THE INFORMATION AVAILABLE ON OR THROUGH Noracom SiteBuilder USER CREATED SITES IS NOT REVIEWED, CONTROLLED OR EXAMINED BY Noracom IN ANY WAY BEFORE IT APPEARS ON Noracom SiteBuilder. Noracom DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH INFORMATION. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF THEIR WEB SITES AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE CONTENTS OF THEIR WEB SITES (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PARTY).

Noracom DOES NOT WARRANT OR GUARANTEE: (A) THAT ANY INFORMATION AVAILABLE ON OR THROUGH Noracom SiteBuilder WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; (B) THAT THE INFORMATION AVAILABLE ON OR THROUGH Noracom SiteBuilder WILL NOT CONTAIN ADULT-ORIENTED MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (C) THAT THE FUNCTIONS OR SERVICES PERFORMED BY Noracom WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN Noracom SiteBuilder WILL BE CORRECTED. IT IS THE SOLE RESPONSIBILITY OF THE USER TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR INFORMATION, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE USER'S INFORMATION OR SYSTEM.

Limitation of Liability
IN NO EVENT SHALL Noracom BE LIABLE TO ANY PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS OR GOODWILL OR LOSS OF USE OF FACILITIES OR EQUIPMENT), OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF Noracom SiteBuilder EVEN IF Noracom SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IS NEGLIGENT, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU. IN NO EVENT SHALL Noracom BE LIABLE TO ANY PARTY FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO Noracom SiteBuilder OR THE INFORMATION OR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION AVAILABLE ON OR THROUGH Noracom SiteBuilder. YOU EXPRESSLY AGREE THAT Noracom SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OF DATA, NOR SHALL Noracom BE REQUIRED TO RETURN ANY LOST DATA, RESULTING FROM THE SUSPENSION OR DELETION OF USER WEB SITES OR WEB SITES, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR ANY OTHER REASONS. Noracom URGES YOU TO MAINTAIN BACKUP VERSIONS OF YOUR WEB SITES ON YOUR COMPUTER TO GUARD AGAINST LOSSES OF ANY KIND. YOU EXPRESSLY AGREE THAT Noracom SHALL NOT BE LIABLE FOR ANY CONDUCT BY USERS OF Noracom SiteBuilder. Noracom SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED, UPLOADED, POSTED OR MADE AVAILABLE ON OR THROUGH Noracom SiteBuilder.

You expressly agree to indemnify and hold harmless Noracom, its subsidiaries, affiliates, officers, agents, co-branders and other partners, and its and their respective employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) arising from or in connection with your Information, your use of or connection to Noracom SiteBuilder, your violation of these Terms of Service or your violation of any rights of any third party.

Miscellaneous
Noracom reserves the right in its sole discretion to (a) make improvements, corrections, adaptations, conversions and/or any other change in Noracom SiteBuilder and to any part thereof and/or to revise or modify these Terms of Service; (b) change, limit, terminate, remove or cease to provide at any time, temporarily or permanently, Noracom SiteBuilder or any part thereof, to all users or any number thereof including without limitation the use of or access to Noracom SiteBuilder, granted to you or to any other user, at any time, without notice, for any reason or no reason; (c) take and keep for itself, limit, terminate, cease to provide, or cause a user to surrender any and all sub-domains within the Noracom ; (d) refrain from publishing on this site and delete or remove from Noracom SiteBuilder, at its sole discretion, any Web page or Information or material provided for display, posted, uploaded or transmitted by any user or any part thereof; (e) establish a new operating and usage policy for Noracom SiteBuilder and change it at any time for any reason or no reason; and (f) cancel, change, hold, de-list, introduce different options and features to different users or refrain from publishing Noracom numbers or any other details of the users using Noracom SiteBuilder, at any time. These Terms of Service do not grant to you or any other user any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of Noracom.

Noracom may revise or replace these Terms of Service from time to time. You agree that your use of Noracom SiteBuilder, beyond a period of 15 days after a notice of such change has been provided on the Noracom SiteBuilder network or Web site for the first time, shall constitute your consent to the new or revised Noracom SiteBuilder Terms of Service.

Any reference made in this document to Noracom or Noracom SiteBuilder shall be deemed to have been made to Noracom, its suppliers, co-branders and licensors and each of their subsidiaries, successors, assignees, affiliates as well as any company that controls Noracom SiteBuilder, directly or indirectly, and any other subsidiary of that controlling company.