Terms Of Service
1. ACCEPTANCE OF TERMS
Welcome to topwebhosts.org! By using our web services, you agree to accept the following terms and conditions ("Terms Of Service").
2. CHANGES IN TERMS OF SERVICE
We reserve the right to change the terms of service with or without notice, and without libility to you. Your continued use of our web services constitutes your agreement to all such terms and conditions.
We require you to open an account in order to provide online services to you. By opening an account with us, you agree to provide accurate, current and complete information about yourself as prompted by the signup form. You are also responsible for maintaining and promptly updating the member profile to keep it curent and complete. It is your responsiblity to maintain the confidentiality of your account and password.
We reserve right to terminate your use of our services if the information that you provided contains false or misleading information, or conceals or omits any information that we may consider material.
4. EARNED WEB POINTS AND REDEMPTIONS
We offer Web points(tm) to our members for participating in online poll, writing articles, referring traffic to us, referring friends, and posting articles on our forums. The Web points can be redeemed for gifts, advertisement, and cash awards; and minimum points required for redemption is 1,000 points. We offer promotional goods, advertisement banners (size and location differs per point value), and cash awards in exchange for web points; and exact required points are posted on the rewards page. We reserve the right to change promotional goods, required points for offered goods and services, with or without notice, and without libility to you.
5. SITE AND FORUM RULES
Your postings on our website will become public, and will be viewable by anyone who connects to our website. All postings should be made in English language. We ask you to be polite, use common sense, abide by the law, and don't post articles that may attack other parties. We reserve the right to remove, modify or move posts at our discretion and without notice. The Web points are granted for offering helpful information to other members and visitors, and motivate everyone to participate in the online discussions. You may not bump threads just to earn Web points. Bumping threads refers to posting useless posting (articles, responses, and comments), posting short messages or any other action to deliverately keep a thread hot. Web Points earned from thread bumping will be subtracted at our descretion. Violating site and forum rules could result in suspension or termination of your account.
6. FEES, PAYMENT AND TERMS
In consideration for the advertisement services that you have selected, you agree to pay us the applicable service fees. All advertisement fees are paid in advance before actual advertisement commences.
7. RIGHT OF REFUSAL
We, in our sole discretion, reserve the right to refuse to provide service(s) to you within thirty (30) calendar days from receipt of your payment for such services. In the event we do not host your domain name or decline to offer other service(s) within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to host your domain name or any other service(s).
Any attempts to undermine or cause harm to our servers or customers are strictly prohibited. Topwebhosts.org, an Edula company, will not permit you to use our services for any of the following purposes. Doing so violates the terms of your agreement with us:
Spam: Unsolicited posting of commercial message
Copyright Violations: Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability. If you use our service to distribute information, you should be aware of and abide by the laws involving copyrights
Obscene Material: We will not allow the use of our site for distribution of obscene or indecent material. We reserve the right to make the judgment in our sole discretion as to what constitutes obscene or indecent material
Illegal Activity: Any activity that is of an illegal or unlawful nature under the laws of the United States of America or State of Illinois
Other: Any other activity that we determine, in our sole discretion, is unethical, or damaging to our other customers, users of the Internet in general, or to our corporate reputation
We regularly monitors our site, forums and network. If we become aware of any violations of the above conditions, we may cancel your account immediately and without notice.
By using our services, you are presumed to have accepted this Acceptable Use Policy.
Violations of system or network security are prohibited and may result in criminal and civil liability. This includes, but is not limited to: unauthorized access, scanning of systems security or authentication measures, interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or email headers
You agree to release, indemnify, and hold Edula, its contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Edula services provided hereunder or your use of the Edula services, including without limitation infringement by you, or someone else using any Edula service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any Edula operating rule or policy relating to the service(s) provided. When Edula is threatened with suit by a third party, Edula may seek written assurances from you concerning your promise to indemnify Edula; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your account.
11. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND INFORMATION ARE PROVIDED ON AN "AS IS" BASIS. EDULA, INC. DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. EDULA, INC. MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON OUR WEB SITE.
EDULA, INC. AND ITS AFFILIATES DO NOT WARRANT THE COMPLETENESS, TIMELINESS OR ACCURACY OF ANY DATA, INFORMATION, FEATURES AND INFORMATION AVAILABLE ON OUR WEB SITE.
12. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, EDULA, INC. IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT OR WARRANTY, ARISING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES FROM OUR WEB SITE.
13. LINKS TO THIRD PARTY SITES
Edula, Inc. may contain links to third party web sites, which are not under the control of edula.com. We are not responsible for the contents contained in the linked sites, including without limitation any link contained in a linked site, and any changes or updates to a linked site.
14. COPYRIGHT VIOLATIONS & INTELLECTUAL PROPERTY VIOLATIONS
You agree not to engage in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by others. Also, you agree to not engage in activity that violates privacy, publicity, or other personal rights of others. Edula, Inc. is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement.
15. COPYRIGHT NOTICES
Unless otherwise specified, all materials appearing on this site, including design, text, logos, graphics, icons and images, as well as the selections, assembly and arrangement, are the sole property of Edula, Inc., Copyright© 2003, ALL RIGHTS RESERVED. No materials from this site may be copied, reproduced, modified, republished, transmitted or distributed in any form or by any means without Edula, Inc's prior written permission. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
You attest that you are of legal age to enter into this Agreement.
17. GOVERNING LAW
This agreement shall be governed by and interpreted and enforced in accordance with the laws of the state of Illinois applicable therein without reference to rules governing choice of laws. Any action relating to this agreement must be brought exclusively in the United States District Court for Northern District of Illinois, or if there is no jurisdiction in such court, then in a state court in Cook County, and you irrevocably consent to the jurisdiction of such courts.