| Terms
of Use
Your use of the 1SearchEngines.com web site (the "1SearchEngines.com
Site"), as well as any and all information, products and
services on or available through or from the 1SearchEngines.com
Site, including without limitation all services provided by
1SearchEngines.com (collectively, the "Services"),
shall be governed by the policies, terms and conditions hereinafter
set forth (the "Terms and Conditions").
Your use of the 1SearchEngines.com Site and/or any of
the Services constitutes your acknowledgment of and agreement
to be bound by these Terms and Conditions, and shall constitute
a waiver of any right you may otherwise have had to object to
these Terms and Conditions. As a condition of your use of the
1SearchEngines.com Site or any of the Services, you hereby
represent and warrant that you will not use the 1SearchEngines.com
Site or any of the Services for any purpose that is unlawful
or otherwise prohibited by these Terms and Conditions. If you
do not agree with any of the Terms and Conditions, you are not
authorized to use the 1SearchEngines.com Site or the
Services.
1SearchEngines.com reserves the right to modify, amend,
update and change the 1SearchEngines.com Site and/or
these Terms and Conditions from time to time without notice
to users of the 1SearchEngines.com Site or the Services.
You are responsible for regularly viewing these Terms and Conditions.
1SearchEngines.com also reserves the right, at any time
and from time to time, to modify or discontinue, temporarily
or permanently, any of the Services, with or without notice.
You agree that 1SearchEngines.com shall not be liable
to you or to any third party for any modification, amendment,
suspension, discontinuance or other change to the 1SearchEngines.com
Site, the Services or these Terms and Conditions.
SERVICES
1SearchEngines.com currently provides its users with numerous
Services. In order to use the Services, you will need to obtain
access to the Internet. You will also need certain equipment
to access the Services, such as a computer, modem and/or other
access devices. You agree to pay for your Internet access and
for any necessary equipment, and acknowledge that 1SearchEngines.com
is not responsible for any costs, fees or expenses associated
with such access. Unless explicitly stated otherwise, any termination,
cancellation, modification, suspension or elimination of, or
any changes, revisions, amendments or additions to, 1SearchEngines.com's
current or future Services, including the introduction or release
of new Services, shall be governed by these Terms and Conditions.
All Services are provided by 1SearchEngines.com for a
minimum service term equal to the period for which the service
was initially paid. After the conclusion of your initial service
term, all Services are cancelable on thirty (30) days notice
to ST Management in writing or via e-mail. All Services are
automatically renewed unless notice is given to ST Management
in writing or via e-mail thirty (30) days prior to the expiration
of the immediately preceding term.
1SearchEngines.com expressly reserves the right, in its
sole discretion and for any reason whatsoever, to cancel, modify,
suspend, terminate or otherwise change or eliminate any of its
Services, and you acknowledge and agree that 1SearchEngines.com
shall not be liable to you or to any third party for any such
change to or termination of the Services. In the event you fail
to timely pay for any Services provided by 1SearchEngines.com,
1SearchEngines.com reserves the right to forward your
account to legal representation or a credit and collection agency
to insure payment in full. If your account is forwarded to our
legal representative or a credit and collection agency, you
will be responsible for all amounts due and owing for the Services,
as well as for any and all costs and fees associated with said
collections, including without limitation any and all professional
fees and costs associated therewith.
All clients are allotted a maximum 1 (one) hour of maintenance
for their respective sites with no additional monthly fees.
If any client exceeds 1 (one) hour of maintenance they will
be advised of additional charges and billed accordingly to the
credit card on file.
CLIENT RESPONSIBILITIES:
If at anytime client removes, alters or changes any coding,
suggested site alterations or Meta tags on the client website;
all guarantees are null and void. 1SearchEngines.com
can not and will not be held responsible for loss of ranking
position if client has altered, changed or removed any Meta
tag coding provided by 1SearchEngines.com Client will
not submit or have its website submitted during the service
period. This practice will adversely effect positioning and
will render the clients guarantee null and void.
WEB SITE CONTENT AND INFORMATION
The 1SearchEngines.com Site may include information that
is inaccurate, incomplete, unreliable or outdated. 1SearchEngines.com
does not make any representations or warranties with respect
to the information contained on the 1SearchEngines.com
web site, and does not guarantee that such information is complete,
accurate, current or reliable. 1SearchEngines.com hereby
disclaims any and all liability for any information that is
incomplete, inaccurate, unreliable or outdated. Any reference
to or description within the 1SearchEngines.com web site
of products, services or publications shall not be deemed an
endorsement of such products, services or publications. 1SearchEngines.com
does not provide legal, financial, medical or other professional
or personal services. Should legal, financial, medical or other
professional, personal or expert advice or other assistance
be sought, these services should be obtained from a qualified
professional.
1SearchEngines.com does not control the information and
other content posted by other parties and, as such, does not
guarantee the accuracy, integrity or quality of such content.
You understand that by using the 1SearchEngines.com Site
and the Services, you may be exposed to information or other
content that is offensive, indecent or objectionable. Under
no circumstances will 1SearchEngines.com be liable in
any way for any such content, including without limitation any
errors or omissions in said content or for any loss or damage
of any kind incurred as a result of the use of any information
posted, e-mailed or otherwise transmitted via the 1SearchEngines.com
Site or the Services.
LINKS
The 1SearchEngines.com web site contains links to other
web sites, web pages, services and resources that are operated
by 1SearchEngines.com and/or other persons, firms or
entities with which 1SearchEngines.com has a business
relationship (each referred to hereinafter as a "Site").
1SearchEngines.com is not responsible for the contents
or availability of any Site which is not owned or directly controlled
by 1SearchEngines.com and does not endorse and is not
responsible in any way for any content, advertising, products,
services or other materials on or available at, from or through
such Sites. Your use of any Site is subject to the terms of
use, if any, set forth at such Site. In the event there is any
inconsistency, conflict or discrepancy between the Terms and
Conditions contained herein and the terms and conditions of
a Site, the terms and conditions set forth at the Site shall
govern and control your use of that Site. You agree that 1SearchEngines.com
shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or
in connection with your use of or reliance on any such content,
advertising, products, services or other materials on or available
at, from or through any such Site.
AUTHORIZED USE OF MATERIALS
The contents of the 1SearchEngines.com web site and the
Services are intended solely for your personal, non-commercial
use. You are hereby authorized to view, copy, print and distribute
the materials provided on these web sites only for personal,
informational and non-commercial use. You may not modify, reformat,
display, transmit, publish, license, create derivative works
from, reproduce, duplicate, copy, transfer, distribute, sell,
resell or otherwise exploit for any commercial purposes any
information, software, products or services obtained from or
made available through the 1SearchEngines.com web site
and/or the Services. You may not modify or alter any of the
documents or graphics that appear on the 1SearchEngines.com
web site. You hereby agree that, when you use the 1SearchEngines.com
web site or the Services, you are not receiving a license or
any other rights from 1SearchEngines.com, including any
intellectual property or other proprietary rights of 1SearchEngines.com
or any third party with which 1SearchEngines.com is affiliated.
You understand that you have no rights to the Services or any
other property of 1SearchEngines.com except as set forth
in these Terms and Conditions.
MEMBER CONDUCT
You agree to provide true, accurate, current and complete information
about yourself in connection with your use of the 1SearchEngines.com
web site and/or the Services. In the event you provide any information
which is untrue, inaccurate, not current or incomplete, or if
1SearchEngines.com has reasonable grounds to suspect
that any information you provide is untrue, inaccurate, not
current or incomplete, 1SearchEngines.com has the right
to immediately suspend, terminate or restrict your use of the
1SearchEngines.com Site or the Services. If at any time
your website is not accessible via the internet, we reserve
the right to immediately deactivate your 1SearchEngines.com
link. We will then contact you via the billing email of record
and request that you notify 1SearchEngines.com that your
website is again available via the internet.
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
(cumulatively, "Content"), whether publicly posted
or privately transmitted, are the sole responsibility of the
party from whom or which such Content originated. This means
that you, and not 1SearchEngines.com, are entirely responsible
for all Content that you upload, post, e-mail or otherwise transmit
via the 1SearchEngines.com web site or through any of
the Services. You represent and warrant that you have the requisite
legal rights to and ownership of any information which you upload,
post, and e-mail or otherwise transmit, and that such uploading,
posting, e-mailing or other transmission will not violate any
law or the rights of any other person. By posting any Content
on the 1SearchEngines.com Site, you give 1SearchEngines.com
the royalty-free, irrevocable, perpetual, worldwide right to
allow 1SearchEngines.com to use, distribute, display
and create derivative works from such Content, without any restriction
or responsibility to you.
You agree not to use the 1SearchEngines.com web site
or the Services:
a. in violation of these Terms and Conditions, any applicable
laws, or the rights of any other person;
b. to upload, post, e-mail or otherwise transmit any Content
that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, distasteful, libelous,
invasive of another's privacy, hateful or racially, ethnically,
sexually or otherwise objectionable;
c. to harm minors in any way, including without limitation encouraging
interactions with minors of a sexual nature;
d. to impersonate or misrepresent a relationship with any person
or entity, including without limitation a 1SearchEngines.com
employee or officer, or to falsely state or otherwise misrepresent
your identity or your affiliation with a person or entity;
e. to manipulate the 1SearchEngines.com web site or the
Services in any way in order to disguise the origin of any Content
transmitted via the 1SearchEngines.com Site or the Services;
f. to upload, post, e-mail or otherwise transmit any Content
that you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as, but not limited
to, inside information, or proprietary and confidential information
learned or disclosed as part of employment relationships or
under non-disclosure agreements);
g. to upload, post, e-mail or otherwise transmit any Content
that infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party;
h. to upload, post, e-mail or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in
those areas (i.e., auction forums), if any, that are expressly
designated for such purpose;
i. to upload, post, e-mail or otherwise transmit any material
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
of 1SearchEngines.com or any other users of the 1SearchEngines.com
web site or the Services;
j. to interfere with or disrupt the 1SearchEngines.com
web site or the Services, or any of the 1SearchEngines.com
servers or networks, or disobey any requirements, procedures,
policies or regulations of any network connected to the 1SearchEngines.com
web site;
k. to interfere with or disrupt any other party's use and enjoyment
of the 1SearchEngines.com Site and/or the Services;
l. to violate, intentionally or unintentionally, any applicable
local, state, national or international law, including without
limitation regulations promulgated by the United States Securities
and Exchange Commission, any rules of any national or other
securities exchange, including without limitation the New York
Stock Exchange, the American Stock Exchange or the NASDAQ, and
any other regulations having the force of law;
m. to "stalk" or otherwise harass, threaten or abuse
another person; or
n. To collect or store personal data about other users, for
commercial use or otherwise, without their consent.
You acknowledge that 1SearchEngines.com does not pre-screen
Content, but that 1SearchEngines.com and its designees
shall have the right (but not the obligation), in its sole discretion,
to refuse or remove any Content that is available via the 1SearchEngines.com
web site or the Services. Without limiting the foregoing, 1SearchEngines.com
and its designees shall have the right to remove any Content
that violates these Terms and Conditions or, in 1SearchEngines.com's
sole discretion, is otherwise objectionable. You agree that
you bear all risks associated with the use of any Content, including
any reliance on the accuracy, completeness or usefulness of
such Content.
You acknowledge and agree that 1SearchEngines.com may
preserve Content and may also disclose Content if required to
do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal
process or government request; (b) enforce these Terms and Conditions;
(c) respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property or personal
safety of 1SearchEngines.com, users of the 1SearchEngines.com
web site and the Services, and/or the public.
TERMINATION
1SearchEngines.com reserves the right, in its sole discretion
and for any reason whatsoever, to cancel, terminate, suspend
or restrict, permanently or temporarily, your access to the
1SearchEngines.com web site and/or any or all of the
Services, at any time and without prior notice. 1SearchEngines.com
may also remove any Content that you post, and cancel, modify,
suspend, terminate or otherwise change or eliminate any of the
Services it provides, without cause and without prior notice
to you. You agree that 1SearchEngines.com shall not be
liable to you or any third party for any cancellation, termination,
suspension or restriction of your access to the 1SearchEngines.com
web site and/or the Services, or for any change to or termination
of the Services. In the event 1SearchEngines.com terminates
your access to the 1SearchEngines.com Site and/or any
or all of the Services, or terminates any of the Services it
provides, 1SearchEngines.com will reimburse you on a
pro rata basis for all pre-paid amounts, if any, attributable
to the post-termination period.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU UNDERSTAND
THAT THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, TEXT, GRAPHICS,
LOGOS, LINKS OR OTHER ITEMS AND MATERIALS INCLUDED IN OR AVAILABLE
AT, FROM OR THROUGH THE 1SearchEngines.com SITE OR ANY
OTHER SITE TO WHICH THE 1SearchEngines.com SITE IS LINKED,
DIRECTLY OR INDIRECTLY, ARE PROVIDED "AS IS" WITHOUT
ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. ALL SUCH ITEMS
AND MATERIALS MAY BE UPDATED OR CHANGED BY 1SearchEngines.com
AT ANY TIME WITHOUT PROVIDING PRIOR NOTICE OF SUCH INTENDED
CHANGE. 1SearchEngines.com RESERVES THE RIGHT TO UPDATE
THE INFORMATION AND MATERIALS CONTAINED IN THE 1SearchEngines.com
SITE, BUT IS UNDER NO OBLIGATION TO DO SO.
TO THE FULLEST EXTENT PERMITTED BY LAW, 1SearchEngines.com
HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING
WARRANTIES OF MERCHANTABILITY, SUITABILITY, INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE.
1SearchEngines.com MAKES NO WARRANTY THAT THE SERVICES
WILL BE PROVIDED WITHOUT INTERRUPTION, IN A TIMELY AND SECURE
MANNER, OR WITHOUT ERRORS OR DEFECTS. 1SearchEngines.com
DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF
THE 1SearchEngines.com SITE OR THE SERVICES WILL MEET
YOUR EXPECTATIONS. 1SearchEngines.com ASSUMES NO RESPONSIBILITY
FOR ANY INACCURACIES, TYPOGRAPHICAL ERRORS OR OMISSIONS CONTAINED
IN THE 1SearchEngines.com SITE OR ANY SITE TO WHICH THE
1SearchEngines.com WEB SITE IS LINKED, DIRECTLY OR INDIRECTLY,
OR ANY OFFENSIVE OR OTHERWISE OBJECTIONABLE CONTENT CONTAINED
IN THE 1SearchEngines.com SITE OR ANY SITE TO WHICH THE
1SearchEngines.com SITE IS LINKED.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 1SearchEngines.com
OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER,
AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR
ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER,
INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT,
INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE,
BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS
TO AND/OR TAMPERING WITH YOUR PERSONAL INFORMATION OR RECORDS)
ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED
USE, PERFORMANCE OR NON-PERFORMANCE OF THE 1SearchEngines.com
SITE OR SERVICES, EVEN IF 1SearchEngines.com HAS BEEN
ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES
ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY,
AT LAW OR OTHERWISE.
INDEMNIFICATION
You agree to indemnify and hold 1SearchEngines.com, its
subsidiaries, affiliates, directors, officers, shareholders,
agents and employees harmless from and against any loss, damage,
liability, cost or expense of any kind, including attorneys?
fees, incurred by 1SearchEngines.com in connection with
a third party claim, demand or otherwise, due to, arising out
of, related to or otherwise attributable to (i) any content
which you submit, post to, e-mail or transmit through or over
the 1SearchEngines.com Site or any of its Services, (ii)
your use of the 1SearchEngines.com web site, any other
Site or the Services, (iii) your violation of these Terms and
Conditions, or (iv) your violation of any rights of any third
party.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the 1SearchEngines.com Site, including
all screens and portions thereof, graphics, original text elements,
site design, logos, pictures and icons, as well as the selection,
format and organization thereof, constitute proprietary and
confidential information that is protected by applicable intellectual
property and other laws. Except as expressly authorized by 1SearchEngines.com
in writing or otherwise required by applicable law, any rent,
lease, sale, modification, duplication, distribution, alteration,
retransmission, or publication of any intellectual property
or proprietary information of 1SearchEngines.com is strictly
prohibited.
All contents of the 1SearchEngines.com Site are Copyright
2000-2001 by ST Management. "1SearchEngines.com"
is a trademark of ST Management.
All rights not expressly granted herein are reserved.
NOTICES
Notices to you may be made via e-mail or regular mail. Notices
from you to 1SearchEngines.com may also be made via e-mail
or regular mail. 1SearchEngines.com may (but is not obligated
to) provide notices of changes to the Terms and Conditions or
other matters by displaying notices or links to notices generally
on the 1SearchEngines.com Web Site.
GOVERNING LAW
These Terms and Conditions shall be interpreted, construed,
governed by and enforced in accordance with the laws of the
State of California. Under no circumstances shall the laws of
any other state be applied, even where such a result would be
indicated by choice of law rules. By using the 1SearchEngines.com
Site or the Services, you hereby irrevocably consent to the
personal and exclusive jurisdiction and venue of Federal and
state courts in Los Angeles County California regarding any
and all disputes relating to these Terms and Conditions or your
use of the 1SearchEngines.com Site or the Services.
GENERAL
These Terms and Conditions shall constitute the sole agreement
and understanding between you and 1SearchEngines.com
regarding the matters set forth herein, and any and all previous
agreements and understandings between or among you and 1SearchEngines.com
regarding the subject matter hereof, whether written or oral,
are superseded by these Terms and Conditions. No agreement or
other understanding purporting to modify these Terms and Conditions
shall be binding upon 1SearchEngines.com unless otherwise
agreed to by 1SearchEngines.com in writing. Any such
permitted alterations to the 1SearchEngines.com Web Site
or to these Terms and Conditions by 1SearchEngines.com
shall become immediately effective on the date said changes
first appear on the 1SearchEngines.com Site. The failure
of 1SearchEngines.com to exercise or enforce any right
or provision of these Terms and Conditions shall not constitute
a waiver of such right or provision. Any provision of these
Terms and Conditions which is invalid or unenforceable in any
jurisdiction shall be ineffective to the extent of such invalidity
or unenforceability without invalidating or rendering unenforceable
the remaining provisions hereof; and any such invalidity or
unenforceability in any jurisdiction shall not invalidate or
render unenforceable such provision in any other jurisdiction.
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