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A. Services Agreement
This Services Agreement (“Agreement”) is between Abacus America,
Inc. d/b/a WebImage (“WebImage”, “we”, “us”,
or “our”) and you (“Customer”, “you”,
or “your”) and governs your purchase and use, in any manner
whatsoever, of all services provided to you by WebImage (“Services”). BY
ACCEPTING AND USING THE SERVICES YOU AGREE TO BE BOUND BY THIS AGREEMENT
AND THE TERMS AND CONDITIONS CONTAINED HEREIN. WebImage may change
or modify this Agreement at any time and from time to time in its sole discretion
without notice to you. Your continued use of the Services following
the posting of any changes or modifications to this Agreement will constitute
your acceptance of such changes or modifications.
1. Provision of Services. WebImage will
provide to you the Services described in your order summary.
2. Payment for Services. As consideration for
providing the Services, you agree to pay WebImage the monthly, one-time, and
other fees that correspond to the plans, features, and services you select.
3. Rights to the Web Site and Content. You will
own the Customer Content, but you will not own either the Third-Party Material
or Background Technology (all as defined below). "Customer Content" means
all content or information (including, without limitation, any text, music,
sound, photographs, video, graphics, data, or software), in any medium, that
you provide to WebImage. "Third-Party Material" means any content,
software, or other computer programming material used by WebImage to provide
the Services that is owned by an entity other than WebImage and either licensed
by WebImage or generally available to the public under published licensing
terms. WebImage owns and retains all rights to the design of the web
site we create for your use. If you stop paying the monthly fee for the
Services you will no longer be entitled to use the web site for any purpose
whatsoever.
4. Limited License to the Background Technology. "Background
Technology" means computer programming/formatting code or operating instructions
developed by or for WebImage and used to host or operate your web site or a
web server in connection with your web site, and includes, but is not limited
to, any files necessary to make forms, buttons, checkboxes, and similar functions
and underlying technology or components, including style sheets, animation
templates, interface programs that link multimedia and other programs, customized
graphics manipulation engines, and menu utilities, whether in database form
or dynamically driven. Background Technology does not include any Customer
Content. Customer may not duplicate or distribute any Background Technology
to any third-party without the prior written consent of WebImage. All
rights to the Background Technology not expressly granted to Customer hereunder
are retained by WebImage. Customer agrees not to reverse-engineer, reverse-assemble,
decompile, or otherwise attempt to derive any source code of the Background
Technology.
5. Limited License to Content. Customer hereby
grants to WebImage the limited nonexclusive right and license to copy, distribute,
transmit, display, perform, create derivative works from, modify, and otherwise
use any Customer Content and any copyrights, trademarks, or other intellectual
property belonging to the Customer and provided to WebImage for the purpose
of enabling WebImage to provide the Services to the Customer. This limited
right and license will terminate automatically upon termination of this Agreement.
6. Content Standards. Customer agrees not
to provide any Customer Content, and WebImage agrees to not intentionally
provide to Customer any content, that either (a) infringes on any third-party's
intellectual property or publicity/privacy rights, (b) violates any applicable
law or regulation, (c) is defamatory, violent, clearly harmful, obscene
or pornographic, or infringes on citizens' rights, or (d) contains any
viruses, Trojan horses, worms, time bombs, cancel bots, or other computer
programming routines intended to destroy, damage or otherwise interfere
with any system, data, or personal information. Customer agrees
to comply with all applicable local, national, and international laws. WebImage
reserves the right to refuse any subject matter it deems inappropriate.
7. Support. WebImage agrees to provide
reasonable technical support to Customer during WebImage's normal technical
support hours, and e-mail and telephone customer service support to
Customer during WebImage's normal customer support hours.
8. Term and Termination. This Agreement
becomes effective on the date your order is created, and shall continue
unless terminated by either party. Accounts paid by credit card
will be automatically renewed unless Customer notifies WebImage prior
to the start of the next billing cycle. WebImage may terminate
this Agreement upon five (5) days' written notice to you if you materially
breach the Agreement. Material breaches include, but are not
limited to your failure to pay your account in a timely manner and
failure to cure a breach of this Agreement during the five (5) day
period. Customer may terminate this agreement upon ten (10) days'
written notice to WebImage. Immediately upon termination of this
Agreement, Customer will pay WebImage for all Services provided to
Customer by WebImage prior to termination. Customer understands
that there will be no reimbursement and no pro-rate if he or she decides
to terminate the Services before the end of a prepaid term, regardless
of the reason for the termination. Sections 2 through 6, and
8 through 12 of this Agreement will survive termination of this Agreement.
9. Thirty (30) Day Money Back Guarantee. If
you are not satisfied with the Services provided under this Agreement
you may receive a full refund if you cancel your account within thirty
(30) days of the date your order is created. This guarantee does
not include or apply to fees paid for services not included under this
Agreement.
10. Indemnification. Customer will defend WebImage against
any third-party claim, action, suit, or proceeding alleging any breach
of the covenants contained in this Agreement. Customer shall indemnify
WebImage for all losses, damages, liabilities, and all reasonable expenses
and costs incurred by WebImage as a result of any such third-party claim,
action, suit, or proceeding.
11. WARRANTY DISCLAIMER. EXCEPT AS EXPRESSLY SET
FORTH IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS-IS” AND
WEBIMAGE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE. CUSTOMER UNDERSTANDS AND AGREES THAT (A) WEBIMAGE
WILL NOT BE LIABLE FOR ANY TEMPORARY DELAY, OUTAGE, OR INTERRUPTION OF THE
SERVICES, AND (B) THAT CUSTOMER HAS NOT ENTERED INTO THIS AGREEMENT IN RELIANCE
UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICIALLY SET FORTH HEREIN. ALL
SERVICES PROVIDED UNDER THIS AGREEMENT WILL BE DEEMED ACCEPTED WHEN DELIVERED.
12. LIMITATION OF LIABILITY. WEBIMAGE’S
LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO WEBIMAGE
DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. IN NO
CASE SHALL WEBIMAGE BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA,
OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION,
LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF
WEBIMAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER
ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS
AGREEMENT, AND ABSENT SUCH LIMITATIONS, WEBIMAGE WOULD NOT ENTER INTO
THIS AGREEMENT.
13. Entire Agreement. This Agreement constitutes
the entire understanding and contract between the parties and supersedes
any and all prior and contemporaneous, oral or written representations,
communications, understandings, and agreements between the parties
with respect to the subject matter hereof. The parties acknowledge
and agree that neither of them is entering into this Agreement on the
basis of any representations or promises not expressly contained herein.
B.
Privacy Policy
WebImage has created this privacy policy to demonstrate our firm commitment
to privacy issues. The following sets forth the information gathering
and dissemination practices of WebImage.
1. Information We May Collect: Occasionally,
we may conduct online surveys or run contests for promotional purposes,
during which we may ask users for contact information (like e-mail addresses)
or demographic information (like zip code, age, or income level). We
use this information to send consumers information about our company
and, of course, to notify people if they win a contest. We will
always give you the option of not receiving such information from WebImage. Like
other web sites, your IP number is visible to us when you visit our web
sites. What is an IP address, you may ask? It is a number
automatically assigned to your computer whenever you're connected to
the Internet. Your IP number is visible to most of the websites
that you visit. Don't worry, though - we only use IP numbers to
help diagnose problems with our servers and administer our web sites. From
time to time, we may share with third-parties aggregate information like
how many of our users search on internet-related topics, but this aggregate
information will not contain any personal identifying information.
2. Cookies. Like many sites, WebImage uses
cookies. Cookies are data files that are stored on your computer. They
contain identification information that enables us to see how our users
are interacting with our site and how frequently they are returning. Cookies
do not contain any personally identifiable information. We use
cookies for the benefit of our users. Cookies let us know if we
have repeat visitors (a strong indication of happy consumers) and if
we are delivering a quality product to our consumers. We also use
cookies to identify which sites our repeat visitors are coming from,
so that we can place more of our online advertising on these sites. Essentially,
using cookies is an anonymous way of surveying how we are doing and to
look for other consumers who we think will like our site. Also,
speaking of cookies, you should know that WebImage has engaged a third-party
advertising company to display banner ads on our site. These ads
may contain cookies. Cookies from banner ads are collected by our
ad partner, and are used for purposes of tracking performance of the
banner ads. WebImage may not have access to this information. If
you do not want to accept cookies from WebImage sites, your browser software
should allow you to not accept cookies. Look in the Preferences
(Netscape) or Internet Options (Microsoft Internet Explorer) to do this.
3. Links to Other Web Sites. Our web sites contain
links to other web sites. WebImage is not responsible for the privacy
practices or the content of such other web sites. WebImage does not share
any of the individual personal information you provide to us with sites to
which our web sites link, although we may share aggregate data with such sites,
including third-party sites for which WebImage provides search services. Please
check with those sites to determine their privacy policies.
4. Contacting WebImage/Opt-Out. If
you do not wish to receive future communications from us, or if you
have any questions about our privacy policies or your dealings with WebImage,
please contact us at Abacus America, Inc. d/b/a/ WebImage, 7500
W 110th Street, Suite 400, Overland Park, KS 66210. You may also contact
us by e-mail at
,
by telephone at (913) 890-7755, or by fax at
(913) 890-7787.
Click here to download a PDF version of this document. Please fill out all necessary information and return via fax
to (913) 890-7787.
Note: Adobe Reader is required to view this file. If you do not have this plugin, please download here.
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