Terms of Use Agreement |
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This AltHome.com Membership Agreement (the "Agreement") is a legal contract between you and R U On The Net Inc., ("AltHome.com")operators of the AltHome.com web site. The Agreement governs your purchases and use of the online website homepage services, whether fee-based or free of charge, offered on AltHome.com's website (each a "Service"). Your use of the Services is conditioned on your acceptance of this Agreement. By using any Service or by checking the acceptance box at the sign-up page, you accept and agree to be bound by all the terms and conditions of this Agreement, as well as any additional terms specific to the particular Services for which you register or use. Since this is a binding legal agreement between you and AltHome.com,
please print a copy of this Agreement for your records. 1. THE SERVICESAltHome.com will provide you with the Services for which you register on AltHome.com's website, subject to the terms and conditions of this Agreement. With respect to free-of-charge use, the fees referred to in this Agreement will be equal to zero dollars ($ 0.00). Descriptions of the Service, are available on AltHome.com's website. AltHome.com reserves the right to modify, enhance, or supplement
the Services at any time in its sole discretion, provided that those
modifications do not materially and adversely affect your rights
or obligations under this Agreement. 2. REGISTRATION PROCESSTo sign up for or receive any Service, you must submit or maintain on file with AltHome.com certain registration data, as requested by AltHome.com's online registration form for the Service. Such registration data shall include, but not be limited to, your name, address, email address, website URLs, credit card number, and other billing information. (However: R U On The Net Inc. itself does not store, hold, process, or access your credit card information. That transaction is handled in its entirety by our 3rd party secure processors: PayPal and/ or WorldPay). AltHome.com reserves the right, in its sole discretion, to refuse any registration or Service activation request for any reason or no reason, and shall not be obligated to provide any Service to you unless and until your credit card has been charged for the applicable fee. AltHome.com's use of your registration information is governed by AltHome.com's privacy policy.
3. YOUR PROMISES AND OBLIGATIONS AS A CONDITION OF RECEIVING ANY SERVICES, YOU PROMISE, REPRESENT, AND WARRANT THE FOLLOWING.a. All of the registration information you supply to AltHome.com is true, complete, and accurate, and you will notify AltHome.com of any changes to your registration data during the term of this Agreement and submit updated information within twenty (20) days of any such changes;
b. None of the URLs you submit to AltHome.com link to any web page or site that contains any:
c. You will safeguard your account user name and password by not disclosing your password to any third party, and you will assume responsibility for any and all harm or liability attributable to you or any other person accessing your account or any Services with your user name and password;
d. You will not copy, sell, redistribute, license, sublicense, or otherwise transfer your account, or any materials provided to you in connection with the Services, to any third party without AltHome.com's written consent;
e. You will treat any and all consumer information gathered for you or transmitted to you via the AltHome.com website or Services in accordance with AltHome.com's Privacy Policy;
f. You will comply with all federal laws and regulations governing your actions under this Agreement; and
g. You have full power and authority to enter into this Agreement and to perform your obligations hereunder. Without limiting its other remedies, AltHome.com may refuse or cancel your account or Services at any time for any violation of the foregoing promises. To assure compliance with the criteria in Subsection (b) above, AltHome.com reserves the right to monitor the content of the web pages or sites that correspond to the URLs you submit to AltHome.com.
4. PAYMENTYou agree to pay AltHome.com any set-up fees and recurring subscription fees listed on AltHome.com's website for the service you select. Completion and submission of any Service activation form authorizes AltHome.com to charge the credit card specified in your registration for all such fees and any related taxes corresponding to the selected Service. Such charges will be made on a one-time, monthly, or yearly basis. In order to avoid the full fee for any new subscription period, you must cancel the Service BEFORE the new period begins. Any failure to pay the amounts due under this Agreement will be a material breach of your obligations under this Agreement. Without limiting any other remedies available to AltHome.com, YOU AGREE TO FULLY REIMBURSE AltHome.com FOR ANY COSTS AND EXPENSES THAT AltHome.com MAY INCUR IN CONNECTION WITH COLLECTING OR ATTEMPTING TO COLLECT ANY SUCH UNPAID AMOUNTS.
5. PRICING CHANGES AND OTHER MODIFICATIONSThe AltHome.com services are based on a set yearly fee. AltHome.com may change its Service fees, or any other terms of this Agreement, at any time by updating the applicable pricing information or other terms posted on AltHome.com's website. New pricing terms will become effective beginning with the first full billing cycle after AltHome.com posts such changes to its website. Changes to terms not related to pricing will become effective fifteen (15) days after such notification. If you do not agree to any changes posted by AltHome.com in accordance with this Section, you must cancel your account or the affected Service as provided herein before the given changes become effective; otherwise you will be deemed to have accepted and agreed to the changes. Additional modifications to these terms and conditions may be made in special circumstances, but only if approved in advance in a signed writing on AltHome.com's letterhead by an executive vice president or higher-level officer of AltHome.com. Product sales and support representatives are not authorized to waive or modify any provisions of this Membership Agreement. No failure by AltHome.com to enforce any term of this Agreement shall be construed as a waiver thereof, nor shall it affect your obligations or AltHome.com's rights and remedies hereunder.
6. DURATION AND CANCELLATION OF SERVICESUnless stated otherwise on AltHome.com's web pages applicable to a given Service, each Service will be provided and billed on a monthly or yearly subscription basis, measured from the beginning of the calendar month immediately following activation of the given Service. Subscriptions will automatically renew with each annual period, as applicable, until cancelled in accordance with this section. At any time after activation of a Service, either you or AltHome.com may cancel that Service (or AltHome.com may discontinue the Service completely) by providing written notice to the other party, in which case the Service will terminate on the date specified in the cancellation notice. If no date is specified, the Service will terminate at the end of the then-current billing period (for paid Services) or calendar month (for free Services). AltHome.com may cancel the service if you exceed the regularly acceptable levels of traffic and files transfers in a particular month R U On The Net may also increase your subscription fee according to the relevant bracket of banwidth used, if your site’s traffic consistently exceeds the bracket initially chosen for service. AltHome.com also reserves the right to cancel any individual Service immediately and without notice in the event that you breach any provision of this Agreement or any other terms that apply to that Service. NO REFUNDS WILL BE AVAILABLE ON ACCOUNT OF ANY SERVICE CANCELLATION BY EITHER PARTY, EXCEPT AS EXPRESSLY PROVIDED IN THE SECTION ENTITLED "REFUNDS" BELOW.
7. TERM AND TERMINATION OF AGREEMENTThe terms of this Agreement will begin on the date that AltHome.com accepts your initial registration and will continue in force until terminated according to this section. Upon activation of all active Services, or any time thereafter, either party may terminate your account and this Agreement by written notice to the other party. AltHome.com also reserves the right to terminate your account and this Agreement immediately and without notice in the event that you breach any provision of this Agreement. No refunds will be available on account of any termination of this Agreement, except as expressly provided in the Section entitled "Refunds" below. Sections 10 through 15 of this Agreement shall survive and remain in effect notwithstanding any termination of this Agreement. If this agreement is terminated by us or by you for any reason, you agree to remove our code, logos and trademarks and any other parts of the Service from all of your Web sites and other items. Failure to remove our code from your website entitles us to act in such a manner as to recover the additional costs generated. This manner includes, but is not limited to the placement of redirects and/ or pop-ups
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