Onenetplace, Inc.
TERMS and
CONDITIONS for USE of SERVICE
GENERAL INTRODUCTION
Onenetplace Inc dba
Onenetplace.com and its affiliates (collectively, "Onenetplace,
Inc.") have published these Terms and Conditions for Use of Service,
(“TCUS”) in order to document the responsible use of Onenetplace, Inc.'s
networks, systems, services, Web site(s) and products (collectively,
"Onenetplace, Inc. Services") by our customers, our customers'
employees, and other users of Onenetplace, Inc. Services (collectively,
"Users").
PLEASE READ THIS TCUS
CAREFULLY BEFORE USING ANY Onenetplace, Inc. SERVICES. BY USING ANY PART OF
Onenetplace, Inc. SERVICES, YOU AGREE TO BE BOUND BY THIS TCUS AS SPECIFIED
BELOW. IF YOU DO NOT AGREE TO ANY PART OF THIS TCUS, DO NOT USE ANY OF
Onenetplace, Inc. SERVICES.
You represent that you have
read and agree to be bound by this TCUS, and that you are at least eighteen
(18) years of age. Onenetplace, Inc. may revise this TCUS at any time by
posting such revised TCUS to the Onenetplace, Inc. Web site(s). Your continued
use of Onenetplace, Inc. Services means that you accept and agree to such
revised TCUS. If you disagree with this TCUS (as revised from time to time),
your sole remedy is to discontinue using Onenetplace, Inc. Services. You should
visit our web site at http://www.Onenetplace.net to review this TCUS often to
be aware of any revisions.
LAWFUL USE
Onenetplace, Inc. Services
may only be used for lawful purposes and consistent with all rights of other
parties. Without limiting the foregoing, Onenetplace, Inc. Services shall not
be used in a manner which would violate any law or infringe any copyright,
trademark, trade secret, right of publicity, privacy right or any other right
of any person or entity or for the purpose of transmitting or storing of
material which is obscene, libelous or defamatory. Use and access to other
networks through Onenetplace, Inc. must comply with the rules, regulations,
terms, policies and/or conditions for such other networks. For purposes of
tracking security breaches as well as general system administration, Users
agree to be subject to random monitoring of activity while logged on to any
Onenetplace, Inc. Services.
No current or former User
may use programs or methods intended to, or as a possible side-effect of their
use, compromise the security of any system or device on our network or any
external network, or attempt to bring about a denial of any form of service on
our network or any external network.
WEB COMMERCE
User acknowledges that
User’s use of Onenetplace, Inc. Services, and all associated communications and
transactions conducted on-line, may not be absolutely secure, and Onenetplace,
Inc. Services are not guaranteed to be error-free. By engaging in on-line
activity, User accepts the responsibilities and risks associated with the use
of the Internet generally. User understands that information available to User
through the Internet may include materials that are unedited, explicit or
offensive to User, and User’s access to such materials is at User’s own
discretion and risk.
User further acknowledges
that all transactions relating to merchandise or services offered by User
through Onenetplace, Inc. Services including, but not limited to, the purchase
terms, payment terms, warranties, guarantees, maintenance and delivery terms
for such transactions are agreed to solely between User and third party
purchasers. Onenetplace, Inc. makes no warranties or representations whatsoever
with respect to User’s goods and services, or with respect to the
qualifications of any third party purchaser, and shall not be liable in any way
to any such third party purchaser.
CONTENT POLICIES
Harmful Content
User shall not use
Onenetplace, Inc. Services to transmit, distribute or store material that contains
a virus, worm, Trojan horse, or other component harmful to Onenetplace, Inc.
Services, any other network or equipment, or other Users.
Fraudulent Content
User shall not use
Onenetplace, Inc. Services to transmit or distribute material containing fraudulent
offers for goods or services, or any advertising or promotional materials that
contain false, deceptive, or misleading statements, claims, or representations.
In addition, User is prohibited from submitting any false or inaccurate data on
any order form, contract or online application, including the fraudulent use of
credit cards.
Mail & News Program
Content
In order to maintain an
efficient environment for the exchange of information and opinions,
Onenetplace, Inc. will not facilitate the transmission of harassing or mass
unsolicited email in any form, and therefore such activity is strictly
prohibited. Using or storing programs or methods designed to conceal the
author's identity by forging header information is also prohibited. User may
use anonymous re-mailers so long as they are used legally and in accordance
with the policies and procedures of Onenetplace, Inc. set forth from time to
time in Onenetplace, Inc.'s sole discretion.
Using programs to collect
email addresses from mailing lists, newsgroups or Web sites ("address
harvesters" or "extractors") is strictly prohibited.
Additionally, the use of any form of bulk e-mailer system to deliver
unsolicited mail in any amount is strictly prohibited. The use of
"opt-out" mail distribution techniques is strictly prohibited.
"Opt-out" techniques require User to do something not to receive
future emails from a party it never originally requested to receive email from.
This includes requiring User to send email to "remove" addresses in
such cases. "Opt-in" lists, where User specifically elects to receive
a party’s mailings, are permitted, provided ample proof exists that User
actually elected to receive mail from such party.
Onenetplace, Inc. does not
restrict news postings on the basis of content with the exceptions that
postings do not contain illegal information or otherwise violate this TCUS.
Posting ten (10) or more separate copies of the same message
("spamming" or "excessive multi-posting") or cross-posting
a message to ten (10) or more newsgroups ("excessive cross-posting")
may also be prohibited. Should User violate these rules, User may be subject to
additional charges for resources spent responding to complaints, deleting
unsolicited correspondence and account cancellation.
Onenetplace, Inc. may, but
is not obligated to, block any incoming or outgoing email message that
Onenetplace, Inc. determines, in its sole discretion, is unsolicited or
otherwise violates these terms. Onenetplace, Inc. shall not be responsible for
lost, misdirected, undeliverable or blocked email, whether in transmission or
receipt.
Evidence that User is
participating in any referenced prohibited activities may result in the
immediate cancellation or suspension of User's account in Onenetplace, Inc.'s
sole discretion. Furthermore, Onenetplace, Inc. reserves the right to
communicate information to User that it believes will enhance the benefits of
the Onenetplace, Inc. Services.
SERVICE TERMINATION AND
SUSPENSION
Onenetplace, Inc. may, in
its sole discretion, terminate or suspend User's account at any time to the
extent that Onenetplace, Inc. has reason to believe that User is acting in
contravention of this TCUS noting that such termination or suspension does not
release User from liability for any outstanding balance owed. User is
responsible for any and all fees and costs (including, but not limited to,
legal and court costs) required for collection of any such outstanding balance
owed. Onenetplace, Inc. may delete all data, files or other information that is
stored in User's account upon termination. Accounts suspended for nonpayment
will be "held" for a thirty (30) calendar day period. During such
thirty (30) calendar day suspension period, Onenetplace, Inc. will preserve the
assigned user name and account storage space. If payment has not been made
within thirty (30) calendar days, Onenetplace, Inc. may exercise its right to
delete data files stored in User's account. Once an account has been deleted,
the username for that account becomes available to any new User. Furthermore,
User will be obligated to pay all unpaid balances and an activation fee to have
service reinstated.
USE OF Onenetplace, Inc.
MATERIALS
Materials contained in
Onenetplace, Inc.'s Web site(s) may be protected by national and international
copyright and trademark laws. Except as expressly authorized by Onenetplace,
Inc., User agrees not to copy, reproduce, transmit, publicly display, sell,
license, rent, modify, distribute, publicly perform, publish, adapt, edit, or
create derivative works from such materials. Notwithstanding the foregoing
sentence, User may print or download one (1) copy of the materials on
Onenetplace, Inc.'s Web site(s) on any single computer for User’s personal,
non-commercial use, provided User keeps intact all copyright and other
proprietary notices which pertain to the material copied. Except as authorized
in this paragraph, User is not being granted a license under any copyright,
trademark, patent or other intellectual property right in the material or the
products, services, processes or technology described therein. All such rights
are retained by Onenetplace, Inc. or any third party owner of such rights.
USE OF Onenetplace, Inc.
SERVICE MARKS
All Onenetplace, Inc. names
and logos and all related product and service names, service marks, trademarks,
design marks and slogans are the property of Onenetplace, Inc.
("Onenetplace, Inc. Marks"). User is not authorized to display, copy,
transmit, reproduce, modify or use any Onenetplace, Inc. Mark in any manner
without the prior written consent of Onenetplace, Inc.. The Onenetplace, Inc.
Web site(s) may also contain other products, services and company names that
may be the intellectual property of their respective owners.
MISCELLANEOUS PROVISIONS
IP Addresses
IP addresses are not
portable and are not assigned for independent administration or distribution.
User understands that IP assignments are not guaranteed and may be modified as
required by Onenetplace, Inc. and/or the American Registry for Internet Numbers
(ARIN).
Servers
User agrees that any servers
used in conjunction with its service will be patched and free of any and all
vendor published vulnerabilities that could cause or contribute to a denial of
service situation. Failure to do so may result in the termination or suspension
of services as deemed to be harmful to other customers by Onenetplace, Inc..
Non-Solicitation
User agrees that it will not
directly or indirectly solicit the trade of, or trade with, any other User for
a business purpose that would compete with any of the Onenetplace, Inc.
Services where such solicitation is made possible only through the use of
information gained by virtue of being an Onenetplace, Inc. customer.
Changes to Service
The Onenetplace, Inc.
Services are expected to change from time to time as technology changes and
systems are upgraded. Onenetplace, Inc. reserves the right to change any
service offered or the features of any service offered on its network without
notice, including changes to access and use procedures and all system hardware
and software.
System Security
Users are prohibited from
violating or attempting to violate the security of Onenetplace, Inc. Services,
including, without limitation, (a) accessing data not intended for such User or
logging into a server or account which such User is not authorized to access,
(b) impersonating Onenetplace, Inc. personnel, (c) attempting to probe, scan or
test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization, (d) attempting to
interfere with, disrupt or disable service to any User, host or network,
including, without limitation, via means of overloading, "flooding",
"mailbombing", "denial of service" attacks or
"crashing", (e) forging any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting, (f) taking any action in
order to obtain services to which such User is not entitled, or (g) attempting
to utilize another User's account name or persona without authorization from
that User. Users are also prohibited from attempting any action designed to
circumvent or alter any method of measuring or billing for Onenetplace, Inc.
Services. Violations of system or network security may result in civil or
criminal liability. Onenetplace, Inc. will investigate occurrences, which may
involve such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting Users who are involved in such violations.
Violations
User understands that
Onenetplace, Inc. employs an abuse interface to monitor and manage reported
violations of this TCUS, system or network security, any law or regulation, or
other network abuses and that Onenetplace, Inc. may notify User of any reported
violations by User. Use of Onenetplace, Inc. Services constitutes consent to
monitoring. If User is suspected of hacking or violating network security, User
may be subject to criminal and civil liability. Onenetplace, Inc. will
investigate incidents involving such violations and may involve and cooperate
with law enforcement authorities if a criminal violation is suspected.
Suspension; Termination;
Access Restriction
User agrees that any
violation of this TCUS may result in suspension or termination of Onenetplace,
Inc. Services, without notice, at Onenetplace, Inc.'s sole option. User agrees
that Onenetplace, Inc. shall not be liable for any damages of any nature
suffered by User or any third party resulting in whole or in part from
Onenetplace, Inc.'s exercise of its rights under this TCUS. User further agrees
that Onenetplace, Inc. may terminate User’s service if any law enforcement
agency, acting within its jurisdiction, advises that Onenetplace, Inc. Services
are being used in violation of the law.
Onenetplace, Inc. reserves
the right, in its sole discretion, to terminate User’s access to any or all
Onenetplace, Inc. Web site(s) and the related services or any portion thereof
at any time, without notice.
Violations of this TCUS may
be reported at the following email address: abuse@Onenetplace.com.
Reselling
User may not resell
Onenetplace, Inc. Services, or any portion thereof, or otherwise charge others
to use Onenetplace, Inc., or any portion thereof. Further, User will not
redistribute Onenetplace, Inc. Services, or any portion thereof, whether or not
User receives compensation for such redistribution.
Storage Capacity; Traffic
and Hits
User’s storage space and
bandwidth utilization of Onenetplace, Inc. Services must remain within the storage
space and bandwidth allocations associated with the access plan User has
selected. User is responsible for ensuring that stored electronic mail will not
exceed the allocated amount of mail storage. For Web Image and similar
accounts, these allocations are set forth in the account plan selected during
registration. Should User publish any Web page or site using Onenetplace, Inc.
Serivces, the usage of such Web page or site must be consistent with User’s
access plan. Additional storage and bandwidth may be available at an additional
charge. Please contact your account representative or Onenetplace, Inc.
Customer Care at 1-(877)-204-2083 for
further details.
Accounts and Passwords
User is responsible for the
security of all User ID and password information. This TCUS applies to all
accounts, sub-accounts, alternative names and passwords associated with User’s
principal account. By enrolling for and using Onenetplace, Inc. Services, User
accepts sole responsibility for the security and confidentiality of all User
ID’s and passwords. Accidental or unauthorized disclosure or use may have
serious consequences, and Onenetplace, Inc. shall have no liability for User’s
failure to maintain this information securely. Additionally, User is
responsible for the use of User’s account(s), whether used under any name or by
any person, and for ensuring full compliance with this TCUS by all users of
such account(s). In the event of a breach of security through your account(s),
User should immediately contact Onenetplace, Inc. Customer Care at
1-(877)-204-2083 .
LIABILITY DISCLAIMER
USER ASSUMES ALL
RESPONSIBILITY AND RISK FOR THE USE OF Onenetplace, Inc. SERVICES AND THE
INTERNET GENERALLY. THE MATERIALS ON Onenetplace, Inc.’S WEB SITE(S) ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, AND Onenetplace, Inc. DISCLAIMS ALL WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION AND MATERIALS
CONTAINED IN, ACCESSED FROM, OR VIA, THE Onenetplace, Inc. WEB SITE(S), SERVER
OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
MATERIAL ON Onenetplace,
Inc.’S WEB SITE(S) OR AVAILABLE THROUGH Onenetplace, Inc. SERVICES MAY INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. Onenetplace, Inc. DOES NOT
ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR
USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE
Onenetplace, Inc. WEB SITE(S), Onenetplace, Inc. SERVICES SERVER OR OTHER
MATERIAL ACCESSIBLE FROM THE Onenetplace, Inc. WEB SITE(S), OR THROUGH
Onenetplace, Inc. SERVICES.
COMPLAINT RESOLUTION
In order to resolve a
complaint regarding the Onenetplace, Inc. Services or to receive further
information regarding the use of Onenetplace, Inc. Services, User should
contact Onenetplace, Inc., Attn: Customer Care Department, 650 S. Grand
Ave,Suite 1401 Los Angeles, CA 90017 or via phone at 1-(877)-204-2083 .
ENTIRE AGREEMENT
This TCUS and the Service
Agreement containing the URL for this TCUS contain the entire agreement and
understanding concerning Onenetplace, Inc. Services and supersede all prior
negotiations, proposed agreements, and all other agreements, whether
electronic, written or oral. Any waiver, modification or variation of these
terms and conditions shall only be effective if in a writing signed by an
authorized officer of Onenetplace, Inc.. A printed version of these Terms and
Conditions and of any notice given in electronic form shall be admissible in
judicial or administrative hearings based upon or relating to the Terms and
Conditions to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
ACCEPTANCE
By accepting Onenetplace,
Inc. Services, User agrees to all of the terms and conditions contained herein.
Thank you again for choosing
Onenetplace, Inc. as your Service Provider.