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Member Agreement
This
Member Agreement (the "Agreement") explains the terms and conditions governing
your use ("Coolfreepages.com") services, technology, and any other content
(the "Services") available at or provided by Coolfreepages.com (the "Site").
By
registering as a Member of Coolfreepages.com, you agree to use the Coolfreepages.com
Services in a manner consistent with all applicable laws and regulations
and in accordance with the terms and conditions outlined below. By registering
the account with Coolfreepages.com you indicate that you have read and
accept the Member Agreement. If you do not accept the terms and conditions
of this agreement, do not proceed with the registration.
If
you accept the Agreement, you are bound by the terms and conditions whenever
you use our Services.
1.
Registration Obligations.
You agree to provide truthful and complete
information on our online registration form (the "Registration Information").
You also agree to update the Registration Information as appropriate in
order to keep the Registration Information truthful and complete. If you
provide us with any Registration Information or other information that
isn't truthful, complete, or up-to-date, or if we have grounds to suspect
that any of it isn't truthful, complete, or up-to-date, then we may suspend,
terminate, or take any other legal action with respect to your account.
If you share your password with any third parties, you assume complete
responsibility for that person's contributions to your web page and that
person's use of our Service.
2.
Services.
Members of Coolfreepages.com are offered a
broad selection of on-line services, technology, tools, and content (the
"Services"). You understand and agree that Coolfreepages.com may at any
time, add, change, or otherwise modify any services included as part of
the Site.
3.
Restrictions and Prohibited Acts.
By accepting this Agreement, you agree that you will
not use the Services to do any of the following:
A.
Upload, post, transmit, or otherwise make available any Content, or select
any member name that:
1. Is abusive, harmful, threatening, harassing, hateful, vulgar, pornographic,
obscene, or racially or ethically objectionable, or violates the privacy
of any third party;
2. Is disruptive to the Coolfreepages.com community or to Coolfreepages.com
business or business relationships;
3. Upload, post, make available, or otherwise transmit serial numbers
for software for the purpose of illegally registering or validating
software;
4. Violates intellectual property rights or rights of any other parties;
5. You don't have a right to make available under any law or under
contractual or fiduciary relationship (including, without limitation,
proprietary and confidential information of others, including information
learned during employment or consulting relationships or pursuant
to non-disclosure agreements, and inside information as that term
is understood under applicable securities laws); or
6. Violates any applicable domestic or international law or government
regulation (including those of any state, foreign country, securities
exchange, the S.E.C., and the F.C.C.).
B.
Upload, post, transmit, or otherwise make available any Content
in the following languages or designed to attract the surfers
speaking the following languages:
1.
Russian, or ony other languages of the former Sovet Union
2. Chinese
or any other Asian languages
3. Indian
and Pakistanian languages
4. Arabic
languages
Currently,
for economical reasons, we can not offer FREE hosting services for sites
in Russian, Chinese, Japanese, Korean, and other asian languages, as
well as Indian and Arabic. Also,
we do not accept movies,
streams and hentai anime. There is only ONE account
allowed per customer.
Coolfreepages.com
reserves the right to add more languages to this list at any time.
C.
Upload, post, transmit, or otherwise make available any material that
contains software viruses, worms, or any other computer code or portions
of code, programs, or files designed to interfere with, interrupt, destroy,
or limit the functionality of any computer software or hardware or telecommunications
or other equipment or to cause a security breach of such software, hardware,
or other equipment.
D. Upload, post, transmit, or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, spam, junk mail,
chain letters, pyramid schemes, or any other form of solicitation, except
in those areas of the Service that we may designate for such purposes.
E. Conduct the following types of activities on the Member Site:
Gambling; Sweepstakes; Raffles; Lotteries; Contests, pyramid or Ponzi
schemes.
F. Collect or store screen names; collect or store personal data
about other users; or solicit or attempt to discover a user's password,
screen name, or other registration information without the user's express
knowledge and consent.
G. Promote or provide instructions or information about how to
engage in illegal conduct or commit illegal activities, promote physical
harm or injury, or promote any illegal act of cruelty to animals. This
includes, but is not limited to, offering or selling illegal drugs,
illegal drug contraband, alcohol, firearms, weapons, bombs, providing
instructions on how to assemble bombs and any other weapons.
H. Provide, sell or offer to sell pornography, illicitly pornographic
sexual products, pirated computer software, illegal goods, programs
used to attack other websites or Internet service providers, or information
regarding how to circumvent copy-protected devices.
I. Impersonate any person or entity, including, without limitation,
a Coolfreepages.com official, employee, or representative, or falsely
state or otherwise misrepresent your affiliation or association with,
sponsorship by, or connection to, any person or entity, including, without
limitation, by using logos, names, trademarks, service marks, meta tags,
addresses, symbols, or other identifiers that you do not have the legal
right to use.
J. Use your Member Site or directory as storage for remote loading
or as a door or signpost to another web page, whether inside or outside
Coolfreepages.com.
K. Modify, obscure, or eliminate the Coolfreepages.com advertising,
or any other content or information that originates from Coolfreepages.com.
L. Interfere with the operation or design of any elements that
Coolfreepages.com may add to users' pages, including, without limitation,
advertising banners, watermarks, logos, or other messages of any kind.
M. Interfere with or disrupt the Services, or servers or networks
connected to the Services, or violate any requirements, policies, regulations,
or procedures of networks connected to the Service.
N. Develop hidden pages or images (those not linked to from another
accessible page), or restrict access to any pages other than through
password protection mechanisms provided and approved by Coolfreepages.com
4.
Advertising.
We reserve the right to post banners, consoles
or popups, advertisements, promotions, and similar content on web pages
and Coolfreepages.com sites that are a part of our Services. The manner,
mode, location, and extent of such postings are subject to change. Any
interactions, correspondence, and business dealings that you have with
any advertisers and other third parties found on or through the Services,
or your participation in any of their promotions or offers, including
payment and delivery of related goods or services and any other terms,
conditions, or representations associated with such interactions, are
solely and entirely between you and third parties. Coolfreepages.com is
not and shall not be liable for any harm, loss, or damage of any kind
that you may incur as a result of any such interactions, correspondence,
or business dealings.
5.
Privacy Policy.
Our Privacy Policy, which is hereby incorporated
into this Member Agreement, indicates the manner in which we collect,
use, and disclose information. Please review our complete Privacy
Policy for complete information.
6.
Links.
As a convenience to you, Coolfreepages.com
may provide links to other websites or resources. You acknowledge and
agree that Coolfreepages.com is not responsible for the content or availability
of such external sites or resources. Coolfreepages.com does not endorse
and is not responsible or liable for any content, advertising, products,
services, or other information available from such sites or resources.
You also agree that Coolfreepages.com shall not be held responsible or
liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with the use of any such content or services
available through such external sites and/or resources
7.
Loss or Corruption of Data.
You acknowledge and agree that Coolfreepages.com
is not and shall not be responsible or liable for any loss or corruption
of data that you may experience on the Services or otherwise, nor are
we required to return to you any data that you have stored on the Services.
This includes, without limitation, the loss or corruption of data resulting
from the suspension, deletion, or modification of your web pages or the
Coolfreepages.com site, network, system, or server "crashes" or outages,
or other power outages, damage caused by viruses, worms, or security breaches,
file corruption, and any other cause. We recommend that you to maintain
backup versions of your web pages and related information to help protect
yourself against such losses.
8.
International Use.
You must comply with all applicable local
laws, rules, and regulations, whether in other countries or states within
the United States and Canada, regarding online conduct, acceptable Content,
and your use of the Services. In addition, you must comply with all applicable
laws and regulations regarding the transmission of technical data exported
from the United States or the country from which you use the Service,
including, without limitation, any and all restrictions on encryption
technology.
9.
Term/Termination.
A.
Term. This agreement shall be effective upon when you check the "I have
read and accept the Member Agreement" box and shall continue unless and
until terminated under this Section 10.
B. Termination by You. You may terminate this Agreement immediately for
any reason at any time by sending mail to support@coolfreepages.com.
C. Termination by Coolfreepages.com.
1.
Coolfreepages.com may at any time without notice to you, discontinue
any or all aspects of the Coolfreepages.com Services or restrict your
use of the Coolfreepages.com Services in whole or in part for any
breach of this Agreement by you; or if Coolfreepages.com determines
in its sole and exclusive judgment that terminating your use of the
Coolfreepages.com Services is necessary for security reasons or for
proper continued operation of the Coolfreepages.com Services; or your
use of Coolfreepages.com Services is not for legitimate business purposes,
or your use of the Coolfreepages.com Services violates any laws or
regulation; or if Coolfreepages.com receives information that the
Coolfreepages.com Services or your use of the Coolfreepages.com Services
(or any part thereof) may violate any third party right.
2. Coolfreepages.com. may, in our sole discretion, terminate or modify
all or any portion of the Services, or restrict your use of the Coolfreepages.com
Services in whole or part for Coolfreepages.com's convenience.
3. Upon termination of this Agreement, all rights granted to you under
this Agreement shall terminate immediately. Coolfreepages.com reserves
the right to delete any data files associated with your use of the
Coolfreepages.com Services upon termination of this Agreement.
4. Coolfreepages.com
reserves the right to delete any data files associated with your use
of the Coolfreepages.com Services at any time for any reason.
10.
Indemnification.
You agree to indemnify and hold Coolfreepages.com
and its affiliates, employees, directors, agents, and partners harmless
from all liabilities, losses, damages, costs, and expenses (including
attorneys' and other professionals' fees) on account of any claim, suit,
action, demand, or proceeding made or brought against any such party,
or on account of the investigation, defense, or settlement thereof, arising
out of or in connection with (1) your use of the Coolfreepages.com Services
in a way that is prohibited or restricted under the terms and conditions
of this Agreement, (2) your violation of any rights of any third party,
or (3) your use of and connection to the Service.
11.
Proprietary Rights.
You agree and acknowledge that Coolfreepages.com
and its licensors own all rights, title, and interest in the Content and
Technology that comprise the Services offered by Coolfreepages.com. You
also agree and acknowledge that the Services, Technology, and Content
available at the Coolfreepages.com Services are protected by US and international
copyrights, trademarks, service marks, patents or other proprietary rights
and laws; therefore, you are only permitted to use this Content and Technology
as expressly authorized by Coolfreepages.com or its Licensors. You agree
that, except as expressly authorized in writing by Coolfreepages.com,
or where applicable, Third Party Businesses, all of the Content and Technology
available on the Coolfreepages.com Services may only be used by you for
your internal business and data gathering purposes. You may make copies
of selected portions of the Content, provided that such copies are made
only for your internal use and only if you maintain any proprietary notices
contained in such Content, otherwise you agree not to, in whole or in
part, copy, make, duplicate, use, sell, lease, loan, rent, transmit, distribute,
reproduce, modify, or create derivative works from this Content or Technology
without expressly being authorized to do so by Coolfreepages.com. By agreeing
to the terms and conditions of this Membership Agreement, you agree that:
a.
You will not copy, modify, create a derivative work of, reverse engineer,
reverse assemble, or otherwise attempt to discover any source code associated
with the Service
b. You will not sell, assign, sublicense, grant a security interest in,
or otherwise transfer any right to the Services to any third party
c. You will not modify or attempt to modify the Services
d. You will not access the Service by any means other than through the
interface that's provided by Coolfreepages.com for use in accessing the
Service.
12.
Trademarks and Servicemarks.
Coolfreepages.com and other pending and/or
registered trademarks and servicemarks, and other graphics, logos and
service names used by Coolfreepages.com on the Coolfreepages.com Services
to identify the products or services of Coolfreepages.com (collectively
the "Coolfreepages.com Trademarks") are the trademarks of Coolfreepages.com.
You agree not to use the Coolfreepages.com Trademarks in connection with
your products or services or any third party products or services or in
any manner that disparages or discredits Coolfreepages.com. All other
brands and names (including third party product names) used on the Coolfreepages.com
Services are the property of their respective owners.
13.
Limitation of Liability.
A.
You are solely responsible for the proper conduct of your business.
Regardless of the type of claim or the nature of the cause of action,
you agree that in no event will Coolfreepages.com, our affiliates, partners,
contractors, employees, agents, licensors, or any other party involved
in creating, producing, or delivering Coolfreepages.com service, technology,
or content available throughCoolfreepages.com ("Coolfreepages.com Affiliates"),
be liable to you in any manner whatsoever:
1. for any decision made or action or non-action taken by you in reliance
upon the information provided through the Coolfreepages.com Services.
2. for loss or inaccuracy of data or, cost of procurement of substitute
goods, services or technology;
3. for any indirect, incidental, consequential, or punitive damages,
including but not limited to loss of revenues and/or profits, even if
Coolfreepages.com has been advised of the possibility of such damages.
B. The aggregate liability of Coolfreepages.com and the Coolfreepages.com
Affiliates relating to or arising from this Agreement (regardless of
the form of action/claim) is limited to any monies you have paid to
Coolfreepages.com during the term of this Agreement for any Coolfreepages.com
service or technology.
C. Some jurisdictions do not allow the limitation or exclusion of liability
for incidental or consequential damages; in those jurisdictions Coolfreepages.com's
liability shall be limited to the extent permitted by the law.
D. In no event is Coolfreepages.com or any Coolfreepages.com Affiliate
liable for any damages arising from your failure to perform your responsibilities
in connection with this Agreement, or arising from any cause beyond
Coolfreepages.com's control.
E. This section applies to all claims by you, irrespective of the cause
of action underlying your claim(s), including, but not limited to, breach
of contract, or tort, including, but not limited to, negligence, strict
liability, fraud, misrepresentation and/or otherwise.
14.
Warranties/Disclaimers.
A.
COOLFREEPAGES.COM WARRANTS THAT IF A MEMBER IS DISSATISFIED IN ANY WAY
WITH THE COOLFREEPAGES.COM, TECHNOLOGY, OR CONTENT PROVIDED ON OR THROUGH
THE COOLFREEPAGES.COM SERVICES, UPON NOTICE FROM YOU WE WILL WE WILL
TERMINATE THE AGREEMENT, AND UPON YOUR WRITTEN REQUEST, REFUND ANY UNUSED
PORTION OF ANY FEES YOU HAVE PAID FOR ANY CURRENT MONTH OR FUTURE SERVICES,
WHEN APPLICABLE, LESS ANY BALANCES OTHEWISE DUE TO COOLFREEPAGES.COM.
THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE ABOVE WARRANTY.
B. THE OPINIONS AND VIEWS EXPRESSED IN ANY MEMBER SITE DO NOT
REFLECT THOSE OF COOLFREEPAGES.COM AND COOLFREEPAGES.COM DOES NOT REVIEW,
VERIFY, ENDORSE OR OTHERWISE VOUCH FOR THE CONTENT OF ANY MEMBER SITES.
COOLFREEPAGES.COM IS NOT RESPONSIBLE FOR THE CONTENT OF ANY MEMBER PAGE.
MEMBERS ARE SOLELY RESPONSIBLE FOR EVERYTHING CONTAINED IN THEIR OWN
MEMBER SITE. MEMBERS MAY BE HELD LEGALLY LIABLE FOR THE CONTENTS OF
THEIR MEMBER SITES AND MAY BE HELD LEGALLY ACCOUNTABLE IF THEIR MEMBER
SITE INCLUDES, FOR EXAMPLE, ANY DEFAMATORY COMMENTS OR MATERIAL PROTECTED
BY COPYRIGHT, TRADEMARK, PATENT OR TRADE SECRET OR OTHER LAWS, WITHOUT
THE EXPRESS PERMISSION OF THE AUTHOR OR OWNER.
C. COOLFREEPAGES.COM IS NOT RESPONSIBLE FOR THE DELIVERY OR QUALITY
OF ANY GOODS OR SERVICES SOLD OR ADVERTISED THROUGH THE COOLFREEPAGES.COM
NETWORK OR THROUGH ANY COOLFREEPAGES.COM AFFILIATES PROGRAM OR THROUGH
THE MEMBER SITES.
D. YOUR USE OF THE COOLFREEPAGES.COM SERVICE, TECHNOLOGY, OR
CONTENT IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED TO YOU ON AN "AS
IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES
OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT
1. THE SERVICE WILL MEET YOUR REQUIREMENTS,
2. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
3. YOUR USE OF THE SERVICE WILL ACHIEVE ANY PARTICULAR RESULT,
4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL OBTAINED BY YOU THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION,
ANY THIRD PARTY RESOURCES AND THIRD PARTY MATERIALS) WILL MEET YOUR
REQUIREMENTS, OR
5. ANY ERRORS IN OUR SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED
AND ANY MATERIAL, PRODUCT, OR SERVICE OBTAINED THROUGH THE USE OF THE
SERVICE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND
THIRD PARTY MATERIALS) IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU'LL
BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA AND DAMAGE TO YOUR COMPUTER
SYSTEM AND ANY OTHER PROPERTY ITEM THAT RESULTS FROM ANY SUCH ACTIVITY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
COOLFREEPAGES.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THIS MSA. THE DISCLAIMERS CONTAINED IN THIS
PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE SERVICE
TO YOU.
E. COOLFREEPAGES.COM DOES NOT GUARANTEE THAT ITS SECURITY PROCEDURES
WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR
INFORMATION. COOLFREEPAGES.COM AND ITS LICENSORS ARE NOT RESPONSIBLE
FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF,
OR THE SECURITY OF YOUR INFORMATION CARRIED OVER INTEREXCHANGE CARRIERS',
LOCAL EXCHANGE CARRIERS', OR OTHER PROVIDERS' FACILITIES.
15.
Miscellaneous.
A. This Agreement
shall be governed by and construed in accordance with US federal laws.
If local laws prohibit your participation in any part of the Coolfreepages.com
Service, or use of them, then you are responsible for complying with
such laws, and the terms of this Agreement.
B. Any and all disputes between you and Coolfreepages.com will
be settled with the regulations of the American Arbitration Association
then in force, and you agree that all negotiations, discussions, and
settlements shall be subject to obligations of confidentiality and shall
not be disclosed to any third party.
C. If any provision(s) of this Agreement is held to be contrary
to law, then such provision(s) shall be construed, as nearly as possible,
to reflect the intentions of the parties with the other provisions remaining
in full force and effect.
D. All notices to you shall be in writing and shall be made either
via email or conventional mail, or by posting such notices on the Coolfreepages.com
Services.Coolfreepages.com may broadcast notices or messages through
the Coolfreepages.com Services to inform you of changes to this Agreement,
the Coolfreepages.com Service, or other matters of importance; such
broadcasts shall constitute notice to you. All notices to Coolfreepages.com
from you must be made in writing via e-mail addressed to support@coolfreepages.com
E. Coolfreepages.com's failure to exercise or enforce any right
or provision of this Agreement shall not constitute a waiver of such
right or provision unless acknowledged and agreed to by Coolfreepages.com
in writing.
F. This Agreement comprises the entire agreement between you
and Coolfreepages.com and supersedes all prior agreements between the
parties regarding the subject matter contained herein.
G. Your membership in the Coolfreepages.com Services and any
of your rights hereunder may not assigned or transferred to any third
party. Coolfreepages.com reserves the right to assign this agreement
to any third party that acquires all or substantially all of its relevant
business or assets.
H. The section titles in this Agreement are solely used for the
convenience of the parties and have no legal or contractual significance.
I. You represent and warrant that you are over the age of 18
years, have read this Agreement, and agree to be bound by its terms
and conditions.
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