This
Terms of Service comprises the entire agreement between ArtBanX and Client,
and supersedes any prior agreements between you and ArtBanX with respect
to the subject matter of these Terms of Service. ArtBanX may revise the
Terms of Service at any time, and such revision shall be effective five
(5) days after notice of the proposed revision is sent to you via electronic
mail to the address we have on file. You agree to review the Terms of Service
periodically to be aware of such revisions. If any such revision is unacceptable
to you, you may terminate your contract for service with ArtBanX. Your
continued use of ArtBanX's services following the Effective Date of any
such revision to the Terms of Service shall be conclusively deemed as your
acceptance of all such revisions. ArtBanX provides users with a package
of services. ArtBanX may, at its discretion, add or delete features. By
registering as a user, you agree to use ArtBanX's services in a manner
consistent with all applicable laws and regulations and in accordance with
the terms and conditions discussed below.
ArtBanX
reserves the right, in its sole discretion, to deactivate the Client's
Account(s) upon the return of any check provided by Client as payment for
services. In the event any such check is returned unpaid, Client is liable
and agrees to pay an additional $25.00 returned check fee and hereby authorizes
ArtBanX to present an additional check draft against Client's checking
account to cover said fees.
ALL
SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. ARTBANX GIVES
NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE SERVICES PROVIDED, INCLUDING,
WITHOUT LIMITATION, WARRANTY OF MERCHANT ABILITY AND WARRANTY OF FITNESS
FOR A PARTICULAR PURPOSE. THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT
FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY ARTBANX OR ITS PROMOTIONS
BEYOND THE FEES PAID BY CLIENT TO ARTBANX FOR SERVICES.
ArtBanX
is not responsible for any damages arising from Client's use of services
or by Client's inability to use the services for any reason. While
ArtBanX shall make every reasonable effort to protect and backup data for
Client on a regular basis, ArtBanX is not responsible for Client's files
or advertising residing on ArtBanX servers. Client is solely responsible
for independent backup of data stored on said servers.
CLIENT
HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON ARTBANX OR
ITS AFFILIATES WEB SITES THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR
INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY
RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY POTENTIALLY
ILLEGAL ACTIVITY MAY BE BE DEACTIVATED WITHOUT WARNING BY ARTBANX. CLIENT
HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS ARTBANX FOR ANY CLAIM RESULTING
FROM THE SUBMISSION OF ILLEGAL MATERIALS.
CLIENT
HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON ARTBANX SERVERS
THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE
OR UNETHICAL USE OF THE SERVER PRODUCT(S) OR THE HOST SERVER(S).
ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT LIMITED TO
PORNOGRAPHY, OBSCENITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, AND ANY
HARASSING AND HARMFUL MATERIALS OR USES. CLIENT HEREBY AGREES TO INDEMNIFY
AND HOLD HARMLESS ARTBANX FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION
OF MATERIALS OR YOUR USE OF THOSE MATERIALS. ARTBANX PROMOTIONS MAY OR
MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH
ARTBANX DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE CLASSIFIED
ADVERTISING ACCOUNT(S) OR WEB HOSTING SERVICES.
Due
to the public nature of the Internet, all information should be considered
publicly accessible, and important or private information should be treated
carefully. ArtBanX is not liable for protection or privacy of electronic
mail or other information transferred through the Internet or any other
network ArtBanX or its customers may utilize.
Use
of distribution lists via unsolicited electronic mail or other mass electronic
mailings is strictly prohibited. ArtBanX reserves the right to deactivate
the Client's account(s) upon an indication of such activity. Client hereby
agrees to indemnify and hold harmless the ArtBanX from any claim resulting
from the Client's or another party's use of electronic mail service(s)
on the Client's server account(s). In the event it is necessary
to refer any dispute to an attorney or resolve
it in a court of law, the prevailing party will be entitled to an award
of reasonable attorney's fees and all costs associated with any legal action,
whether or not a suit shall actually be filed.
Termination.
Either Client or ArtBanX may terminate use of ArtBanX's services and/or
Servers at any time. Subscriber's only right and sole remedy with respect
to any dissatisfaction with any (i) Web Hosting Terms of Service term,
or policy or practice of ArtBanX, (ii) Content available through ArtBanX
or change therein, or (iii) amount or type of fees or billing methods,
or change therein, is to terminate Subscribership by delivering notice
to ArtBanX. Should such notice of termination be delivered and acknowledged
as delivered by ArtBanX, termination will be effective within 48 hours.
In the event that a Client's account is terminated or canceled, no refund
of any fees, including monthly Service fee, will be granted and any time
credited to Client's account(s) is not convertible to cash or other form
of credit.
ArtBanX
has a strict "anti-spamming" policy. Spamming is a clear violation of Submit
Master Promotions' policy and is cause for immediate termination. You may
not use ArtBanX to send unsolicited advertising, promotional material,
or other forms of solicitation to any other ArtBanX's subscribers or general
Internet users except in cases where prior consent from the recipient has
been granted or in cases where such areas are designated for such a purpose
(e.g., the classified area). ArtBanX reserves the right to block
or filter mass email solicitations that pass through ArtBanX's mail servers
even if intended for Client. In addition, you a) may not use the ArtBanX
name in any postings or e-mail solicitations you choose to participate
in anywhere on the Internet. The use of "ghost sites" (web pages
setup on ISPs that allow spamming, that directly or indirectly reference
customers to web sites or classified ads hosted by ArtBanX in mass e-mailings
are also prohibited. Client may not participate in advertising or promoting
bulk e-mail software or services of any kind. Customer accounts associated
with spamming in any way may, at ArtBanX' discretion, be terminated
as per termination clause above.
Classified
Advertisers are allowed to place one ad in one category per order unless
responding to a special offer. Placement of additional unauthorized ads
will result in immediate removal from our system and legal action for theft
of services.
All
Classified Advertisers must keep the email and URL links in ads current
at all times. If your email address or URL change, simply renew the ad!
Any ads with dead links are deleted without refund within 24 hours.
ArtBanX
undertakes to successfully submit Client's URLs to the appropriate search
resources. What ArtBanX cannot do is guarantee that Client's URLs will
be added to a search resource's database. That is entirely at the discretion
of the individual search resource.
ArtBanX
does not take any responsibility for the contents, claims or representations
of any directory, search engine, announcement service, guide, individual
or other destination.
ArtBanX
does not warrant availability of any directory, search engine, announcement
service, guide, individual or other destination's servers.
ArtBanX
does not guarantee that any directory, search engine, announcement service,
guide, individual or other destination will send an email confirmation
of our submissions on your behalf.
ArtBanX
does not guarantee that any directory, search engine, announcement service,
guide, individual or other destination will continue to accept or maintain
submissions.
You
may not modify, translate, reverse engineer, decompile, disassemble (except
to the extent applicable laws specifically prohibit such restriction),
or create derivative works based on the any services provided by
ArtBanX. You may not rent, lease, grant a security interest in, or otherwise
transfer rights to any services provided by ArtBanX. You may not
remove any proprietary notices or labels on any services provided by
ArtBanX.
You
may not use the Service to promote adult oriented sites.
In
exchange for services provided, Client agrees to remain on ArtBanX's electronic
mailing list for the term of services provided. If electronic email sent
to Client by ArtBanX is continually returned as undeliverable, Client's
classified advertising and/or web hosting account(s) will be canceled without
refund.
For
the purposes of these services, the term "lifetime" shall be understood
to mean that your classified ad or web hosting services will run for the
entire time that ArtBanX Promotions or any derivative thereof remains solvent
and for as long as the web master has the physical and mental capacity
to operate this site. The submission services offered will occur for as
long as said submissions are accepted by the various directories.
ArtBanX
does not guarantee that sellers will complete the sale of an item, or that
buyers will go through with the purchase of an item; all risk is taken
by the individual buyers and sellers. ArtBanX does not endorse, recommend
or stand behind the truthfulness, completeness, reliability or accuracy
of information provided by entities posting web pages or classified ads
on our site. Further, ArtBanX makes no warranty or representation as to
the quality of the goods or services posted. All liability for transactions
remains solely with advertisers and/or the buyers and sellers.
Payment
terms are to be agreed upon between seller and buyer. ArtBanX does not
set or complete the payment terms of any transaction.
ArtBanX
reserves the right to refuse service to anyone at any time, and to remove
any listings, advertisements or web pages for any reason.
Neither
ArtBanX nor any of its providers of information shall have any liability
for the accuracy of the information contained in the service, or the contents
of any advertisements, or for assertions or omissions therein. In no event
shall ArtBanX total liability to you for all damages, losses, and causes
of action exceed the amount paid by you to ArtBanX Promotions, if any,
that is related to the cause of action.
If
ArtBanX believes in its sole discretion that any classified ad or web site
may create liability for ArtBanX, ArtBanX may take any actions that it
believes are prudent or necessary to minimize or eliminate its potential
liability, including but not limited to, the release of Client's information |