netAdventist End User License Agreement
Important notice : By using netAdventist, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which TAGnet may put into effect from time to time. Your continued use of netAdventist is Your acceptance of all of the terms of this License as then in effect. If You do not intend to be bound by this Agreement or modifications in their entirety, You must not start using or continue using netAdventist.
This netAdventist End User License Agreement ("Agreement") is made by and between Three Angeles Global Networking, Inc. ("TAGnet "), a California Corporation, and you, Your successors, heirs, assigns, agents and contractors ("You") and is made effective as of the date of Your first use of netAdventist and each subsequent use. This Agreement sets forth the terms and conditions of Your use of TAGnet`s online netAdventist Service ("netAdventist") and represents the entire Agreement between You and TAGnet.
1. APPLICATION DESCRIPTION
netAdventist is a service accessed online at the TAGnet web site that assists You in designing and publishing a web site for use on the Internet. Using netAdventist, including its software design tool, templates, forms, graphics and documentation, will give You the ability to personalize, customize and design Your web site to suit Your individual needs. Among other things, You will be able to:
- Select from many pre-designed layouts which can be customized with a variety of images and color schemes;
- Share local news, events, evangelism tools and other resources with netAdventist licensees;
- Easily add global Seventh-day Adventist resources to Your local site;
- Design and customize Your website by adding text, images, pre-designed page layouts and plug-ins; and
- Display and manage photos of Your choice.
- Upload, manage and podcast sermons in the TAGnet sermon/media library.
2. THE LICENSE
2.1 License to use Service. Subject to Your acceptance of this Agreement and payment of applicable fees, TAGnet grants You a non-exclusive, non-assignable license to use netAdventist online at the TAGnet website for the purpose of creating, designing, building, modifying, improving, maintaining, and publishing or posting a web site on the Internet and undertaking such other activities as are ordinary and customary in connection therewith.
2.2 One Computer at a Time. You are licensed to use netAdventist on one computer at a time. You may not use netAdventist to undertake a web site design project on more than one computer at one time. You can obtain a license to use netAdventist in connection with an unlimited number of web sites by paying TAGnet the required license fee for each separate web site on which You wish to use netAdventist for any purpose.
2.3 Customizing netAdventist. The appearance of netAdventist can be customized or modified to suit Your needs, but all such changes must be made in accordance with the netAdventist instructions and regulations.
2.4 Online Plug-Ins. The license granted in this Agreement allows You to use Plug-ins, Forms, Flash animations solely on one web site by the original licensee. You have no license to utilize any of these forms on multiple web sites without paying the license fee for use on each of those web sites. Furthermore, You are not authorized to integrate any plug-in or enhancement which uses or relies upon netAdventist other than those that are provided with netAdventist.
2.5 Online Links. Any links which are available at netAdventist are provided to You as a convenience. TAGnet has no control over any linked site and is not responsible for the contents of any linked site or any link contained in a linked site. TAGnet makes no representation or warranty that the site reached by the link is still in existence, has not been modified and does not contain material that You may find not suitable or objectionable. The inclusion of a link does not constitute an endorsement of that site by TAGnet.
2.6 Third Party Material. Some of the material on the site is or may be provided by third parties. TAGnet is not responsible for such material.
2.7 Web Site Content. TAGnet has no responsibility for the content of Your web site. You are responsible for ensuring that Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for securing permission to use any copyrighted, trademarked or otherwise legally protected images, text, or other web site elements that are not provided by TAGnet. You represent and warrant to TAGnet that You will always make proper and legal use of all content on any web site You create or control and use netAdventist and will not use netAdventist directly or indirectly to engage in unlawful or morally objectionable activities. You affirmatively acknowledge that TAGnet is relying on Your representation and warranty in granting You this license.
2.8 Limitations on Use of netAdventist, Sublicensing. The license in this Agreement applies solely to the use of the netAdventist service which is available online at the TAGnet web site. You have no permission to download netAdventist, in whole or in part, from the TAGnet web site onto another computer, but You may retain the web site which You design with netAdventist on Your computer. TAGnet is not granting You a license to any software which is utilized by the netAdventist service. You may not do, or attempt to do, any of the following: combine netAdventist with other software program or application or reverse-engineer, decompile, convert, reformat, disassemble, edit or otherwise modify the netAdventist software, or learn the netAdventist source code, whether to suit Your needs in designing a web site or for any other purpose. You may not sublicense, assign or transfer this Agreement or the license granted hereby, in whole or in part, to any other person or entity. Any attempt to sublicense, assign or transfer is void.
2.9 TAGnet’s Rights. TAGnet may, from time to time, in its sole discretion, do any of the following:
- Censor any web site hosted on its servers that is deemed inappropriate by the TAGnet Content Committee.
- Review every account for excessive space and bandwidth utilization, and terminate or apply additional fees to those accounts that exceed allowable levels.
- Modify pricing through email notification.
- Make changes to the information or data available via netAdventist and make improvements and/or changes to netAdventist from time to time.
3. LICENSE TERMINATION
TAGnet reserves the right to terminate this Agreement and the license granted to You, immediately upon notice, if any of the following occurs:
- You fail to pay any required license fee.
- You use netAdventist in violation of any of the terms and conditions of this Agreement.
- TAGnet repeatedly censors Your web site for inappropriate content.
- You use netAdventist, directly or indirectly, to engage in unsolicited, commercial email or SPAM; to gain illegal access to other computer networks (i.e., hacking); to distribute viruses, worms or similar destructive software or files; or to engage in any activity, whether lawful or unlawful, that is harmful to other netAdventist licensees or TAGnet’s operations, reputation or business.
- Your use of netAdventist results in, or is the subject of, legal action or threatened legal action against TAGnet or any of its affiliates or partners, regardless of whether such legal action or threatened legal action has merit or whether a threatened legal action is likely to occur. The decision to terminate Your license shall be made solely by TAGnet.
- You use netAdventist to participate in objectionable activities, which include, but are not limited to, any of the following: sending unsolicited email or spam; defaming, embarrassing, harming, abusing, threatening, slandering or harassing third parties or attempting to do so; activities prohibited by the laws of the United states and/or foreign territories in which You live or access the Internet, including illegal contests, schemes, surveys or games; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; or activities designed to harm minors in any way.
4. INTELLECTUAL PROPERTY
4.1 TAGnet`s Intellectual Property. TAGnet retains all rights to netAdventist. The use of netAdventist to design a web site or the customization of the netAdventist interface does not give You any rights to netAdventist or any of the software programs, components or content thereof. The source code and its organization are the exclusive property of TAGnet. You are not granted any license to the source code or any right to access the source code. netAdventist is protected by copyright, including the United States Copyright Act as in effect. Except as expressly stated in Section 1 above, this Agreement does not grant You any rights in netAdventist and all rights not expressly granted in this Agreement are reserved by TAGnet.
4.2 Other Intellectual Property. TAGnet makes no claim of rights in any of names or marks of third persons which are referenced in any TAGnet materials. Without limiting the generality of the foregoing, TAGnet acknowledges that:
- Microsoft, MS, Windows, Windows 95, Windows 98, Windows NT, and Internet Explorer are registered trademarks of Microsoft Corporation in the United States and/or other countries.
- Netscape, Netscape Communicator, and Netscape Navigator are registered trademarks of Netscape Communications Corporation in the United States and/or other countries.
- InterNIC is a registered Service Mark of the U.S. Department of Commerce.
- Network Solutions is a registered trademark of Network Solutions, Inc in the United States and/or other countries.
- Macromedia, Flash, Flash Generator and Macromedia Flash are trademarks or registered trademarks of Macromedia, Inc. in the United States and/or other countries.
- Real Audio and Real Producer are registered trademarks of RealNetworks, Inc.
5. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY , IDEMNIFICATION
5.1 Warranty Disclaimer. TAGnet provides netAdventist to You on an “as is” “with all faults” basis and without warranty or guarantee of any kind, either express or implied, including but not limited to, the implied warranties or conditions of merchantability or fitness for a particular purpose, all of which are disclaimed to the fullest extent of the law. Without limiting the generality of the foregoing, TAGnet makes no warranty that the documents and graphics available on netAdventist are free from technical inaccuracies or typographical errors or are complete or up to date or operate error-free, continuously or without interruption.
5.2 Limitation of Liability. TAGNET WILL NOT BE RESPONSIBLE FOR ANY LOSS OF BUSINESS, LOSS OF DATA, UNSECURED TRANSACTION, INTERRUPTION OF BUSINESS, LOST PROFITS OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF TAGNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF TAGNET UNDER THIS AGREEMENT, WHETHER ARISING OUT OF BREACH OF CONTRACT (BREACH OF WARRANTY) OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), SHALL IN NO EVENT EXCEED ALL AMOUNTS OF THE LICENSE FEE PAID TO TAGNET.
5.3 Indemnification. You shall indemnify, defend by counsel reasonably acceptable to TAGnet, protect and hold TAGnet harmless from and against any and all claims, liabilities, losses, costs, damages, expense, including consultants` and attorneys` fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to Your use of netAdventist or any web site that You design or publish with the assistance of netAdventist.
6.1 Agents. In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You’ve established with TAGnet, whether or not the transactions were in Your behalf.
6.2 Severability. You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the Agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
6.3 Amendments. TAGnet may modify or supplement this Agreement from time to time, with such amendments becoming effective upon posting of a notice describing such amendments on the TAGnet web site.
6.4 Governing Law, Venue, Statute of Limitations, Waiver of Trial by Jury. You acknowledge that TAGnet’s acceptance of any license application made by You for services provided by TAGnet will take place at TAGnet`s offices located in Fallbrook, California, USA. This Agreement shall be deemed entered into the State of California. This Agreement will be governed by laws of the State of California, exclusive of its choice of law provisions. The forum for the resolution of any dispute under or related to this Agreement, whether in state court or federal court, shall be Orange County, California. Any legal action against TAGnet related to this Agreement shall be barred and forever waived unless commenced by the filing of an action in a court of competent jurisdiction within one (1) year after the date when the cause of action first arises. Each party waives the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
6.5 Notices. You agree that all notices (except for notices concerning breach of this Agreement) from TAGnet to You may be posted on our web site. Notices concerning breach will be sent to You at either the postal address or email address You have on file with TAGnet. In either case, delivery shall be deemed to have been made on the date of receipt, as shown by a written receipt or by a machine generated answerback which identifies the receiving party and date of receipt, or five (5) days after the date sent. Notices from You to TAGnet shall be made by email, sent to the address TAGnet provides on its web site, or by first class mail to the address below:
Three Angels Global Networking, Inc.
P.O. Box 2377
Fallbrook, CA 92088