|ACCEPTANCE OF TERMS
OnDemand Website ("OnDemand Website") provides it's ("SERVICE") to our CLIENT and/or their assigns, parent and/or and successor companies ("CLIENT"), subject to the following User Agreement and Terms of Service ("AGREEMENT"), which may be updated from time to time without notice to CLIENT. You can review the most current version of the AGREEMENT at any time at: policy.htm which overrides any policy written. In addition, when using particular OnDemand Website services, you and OnDemand Website 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 are hereby incorporated by reference into the AGREEMENT. OnDemand Website also may offer other services from time to time, that are governed by additional Terms of Services.
This AGREEMENT represents the complete and exclusive statement of the agreements between OnDemand Website and CLIENT and supersedes all prior agreements and representations between them. The use of OnDemand Website SERVICE and Web Page's by CLIENT is expressly made conditional on CLIENT's assent to the terms set forth herein. OnDemand Website agrees to furnish the SERVICE and Web Page's only upon these terms.
DESCRIPTION OF SERVICE
OnDemand Website provides CLIENT with access to a rich collection of resources, the ("SERVICE"), for the purpose of operating your web site. Unless explicitly stated otherwise, any new features that augment or enhance the current SERVICE, shall be subject to this AGREEMENT. CLIENT understands and agrees that the SERVICE is provided "AS-IS" and that OnDemand Website assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any data or settings for CLIENT.
DESCRIPTION OF Web Page's
In consideration of CLIENT's use of the SERVICE provided by OnDemand Website, CLIENT agrees to: (a) provide true, accurate, current and complete information about yourself as prompted by OnDemand Website, such information being the ("Registration Data") 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 OnDemand Website has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OnDemand Website has the right to suspend or terminate the SERVICE and refuse any and all current or future use of the SERVICE (or any portion thereof).
CLIENT understands that all information, data, text, Web Page's, 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 CLIENT, and not OnDemand Website, are entirely responsible for all Content that it uploads, posts, emails or otherwise transmits via the SERVICE. OnDemand Website does not control the Content posted via the SERVICE and, as such, does not guarantee the accuracy, integrity or quality of such Content. CLIENT understands that by using the SERVICE, they may be exposed to CONTENT that is offensive, indecent or objectionable. Under no circumstances will OnDemand Website 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 or otherwise transmitted via the SERVICE. CLIENT acknowledges that OnDemand Website does not pre-screen CONTENT, but that OnDemand Website and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any CONTENT that is available via the SERVICE. Without limiting the foregoing, OnDemand Website and its designees shall have the right to remove any CONTENT that violates the AGREEMENT or is otherwise objectionable. CLIENT agrees that they 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, CLIENT acknowledges that they may not rely on any CONTENT created by OnDemand Website or submitted to OnDemand Website.
Sending unsolicited email is prohibited. If a complaint is received, OnDemand Website, at its own discretion may determine if a violation of this policy exists. Failure to comply with this policy may result in account suspension, termination and/or a fine per incident.
NO ADULT CONTENT
All pornographic content and sex-related merchandising is strictly prohibited. This includes any inferred sexual content. OnDemand Website will be the sole arbiter in determining violations of this provision.
PAYMENT FOR SERVICE
All invoices submitted by OnDemand Website are payable by CLIENT upon receipt. Specific payment amounts, schedule and terms of payment shall be provided by OnDemand Website to CLIENT. Payment will be made automatically Credit Card unless other arrangements are made by OnDemand Website with CLIENT.
CLIENT agrees that it shall defend, indemnify, save and hold OnDemand Website harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, asserted against OnDemand Website, that arise or result from any service provided or performed or agreed to be performed or any product sold by CLIENT, its officers or employees.
CLIENT agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the SERVICE or Web Page's, use of the SERVICE or Web Page's, or access to the SERVICE or Web Page's.
USE AND LIMITS
CLIENT acknowledges that OnDemand Website may establish general practices and limits concerning use of the SERVICE or Web Page's. CLIENT acknowledges that OnDemand Website reserves the right to delete accounts that are inactive for an extended period of time. CLIENT further acknowledges that OnDemand Website reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. OnDemand Website reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the SERVICE, Web Page's, or any part thereof with or without notice. CLIENT agrees that OnDemand Website shall not be liable to CLIENT or to any third party for any modification, suspension or discontinuance of the SERVICE.
RESTRICTED USE AND NON-COMPETE
CLIENT agrees that they have no license to use, and are specifically not permitted to use, any portion of the SERVICE or Web Page's for any purpose other than that directed by OnDemand Website. CLIENT further agrees that they will not use any portion of the SERVICE or Web Page's in any way which is competitive with OnDemand Website without the full written consent and approval by OnDemand Website.
CLIENT acknowledges and agrees that the Web Page's contains proprietary and confidential information that is protected by applicable intellectual property and other laws. CLIENT further acknowledges and agrees that the Web Page's is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by OnDemand Website with full written consent and approval, CLIENT agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the SERVICE or the Web Page's, in whole or in part. CLIENT understands that their license will terminate automatically upon failure to comply with the limitations described above. On termination, CLIENT must destroy any and all copies or derivatives of the Web Page's and Documentation.
OnDemand Website grants CLIENT a revocable, non-transferable, and non-exclusive right and license to use the Web Page's exclusively through your website provided that CLIENT does not sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Web Page's. CLIENT agrees not to allow any third party to copy, modify, create a derivative work of, reverse engineer, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Web Page's.
Any authorized copy of the Web Page's or derivative works made by you shall be subject to this Agreement. The copy or derivative work shall contain this license as well as related Documentation and all notices regarding copyrights, trademarks and other proprietary rights that came with the original Web Page's and Documentation. This Web Page's is protected by the copyright laws of the United States and international copyright treaties. You may not rent or lease the Web Page's.
CLIENT agrees that OnDemand Website, in its sole discretion, may terminate CLIENT's password, account (or any part thereof) or use of the SERVICE, and remove and discard any CONTENT within the SERVICE, for any reason, including, without limitation, for lack of use, payment delinquency, or if OnDemand Website believes that CLIENT has violated or acted inconsistently with the letter or spirit of the AGREEMENT. OnDemand Website may also in its sole discretion and at any time discontinue providing the SERVICE, or any part thereof, with or without notice. CLIENT agrees that any termination of access to the SERVICE under any provision of this AGREEMENT may be effected without prior notice, and acknowledge and agree that OnDemand Website may immediately deactivate or delete CLIENT's account and all related information and files and/or bar any further access to such files or the SERVICE. Further, you agree that OnDemand Website shall not be liable to CLIENT or any third-party for any termination of CLIENT access to the Service.Set-up fees are non-refundable. Early termination on any period term agreement
is a $150 early termination fee.
If any provision of this AGREEMENT is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this AGREEMENT.
This AGREEMENT shall be governed by and construed under Missouri law as such law applies to agreements between Missouri residents entered into and to be performed entirely within Missouri, except as governed by federal law. This AGREEMENT will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
All disputes arising out of or in connection with the present AGREEMENT shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.
OnDemand Website and/or its respective suppliers make no representations about the suitability of the SERVICE and Web Page's for any purpose. The SERVICE and Web Page's are provided "as is" without warranty of any kind. OnDemand Website and/or its respective suppliers hereby disclaim all warranties and conditions with regard to the SERVICE and Web Page's, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall OnDemand Website and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with use of the SERVICE or Web Page's. The SERVICE or Web Page's could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. OnDemand Website and/or its respective suppliers may make improvements and/or changes in the SERVICE or Web Page's at anytime.
OnDemand Website owns all websites designed and all domain names purchased by OnDemand Website .OnDemand Website signature must be on all websites created by OnDemand Websites otherwise a $1,000 copy right fee will be charged if our signature is removed without consent. Both CLIENT and OnDemand Website must agree to terms before our signature is removed from your site.
You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of OnDemand Website. OnDemand Website reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of OnDemand Website Services. Signing this agreement states I have read and understand the terms and services provided by OnDemand Website.