Automation Business Corporation ("ABC") provides the OregonHost web sites including OregonHost.com, the BX Banner Exchange (BXIOregon.com), News & Opinion Network (NewsOp.net), and other OregonHost content (collectively, the "ABC Sites") subject to your compliance with the
below. PLEASE READ THIS BEFORE ACCESSING THE ABC SITES. BY ACCESSING THE ABC SITES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE ABC SITES. 1. Rules. While visiting the ABC sites, you may also not: post, transmit or otherwise distribute information constituting or encouraging conduct that would
constitute a criminal offense, or otherwise use the ABC sites in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the ABC sites or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material
obtained through the ABC sites which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or rightholder. You agree not to infringe on the free speech rights of others. 2. Monitoring. ABC has no obligation to monitor the ABC sites. However, you agree that ABC has the right to monitor the ABC sites electronically
from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the ABC sites properly, or to protect itself or its subscribers. ABC will not intentionally monitor or disclose any private electronic-mail message unless required by law. ABC reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable,
undesirable, or in violation of this Agreement. 3. Privacy. ABC cannot ensure or guarantee privacy for OregonHost users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and ABC and its affiliate and related companies shall be relieved of all liability in connection therewith. 4. Buying over the Internet. When making purchases or other transactions through the ABC sites or the Internet, but you may also be asked by the Merchant or information or service provider to supply certain information, Including credit card or other paymen t mechanisms. You agree that all information you provide any merchant or information or service provider through the ABC sites will be accurate and complete. You agree to
pay all charges incurred by you Or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the OregonHost Site. ABC is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner. 5.
Limitation of Liability. ABC takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the OregonHost Site. Further, ABC makes no representations about the suitability of any of the information contained in software programs, documents and related graphics on the ABC sites for any purpose. All such software programs, documents and related graphics are provided without warranty of
any kind. In no event shall ABC be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service. 6. Recourse. If you are dissatisfied with the ABC sites or with any terms, conditions, rules, policies, guidelines, or practices of ABC in operating the ABC sites, your sole and exclusive
remedy is to discontinue using the ABC sites. 7. Confidential Information.
You authorize ABC to collect from any party and to retain all relevant information relating to your use of the OregonHost Site, and you hereby authorize any party to provide us with such information. You understand and agree that unless you notify ABC to the contrary by e-mailing us, you further authorize ABC to disclose, on a confidential basis, to any party with whom ABC has business relations all relevant information relating to your dealings with us and the OregonHost Site.
8. Indemnity. You agree to defend, indemnify and hold ABC and its affiliate and related companies and services harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any Violation of this Agreement by you or users of your account, or in connection with the use of the ABC sites or the Internet or the placement or transmission of any message,
information, software or other materials on the ABC sites or on the Internet by you or users of your account, or for expenses incurred in the course of defending the free speech rights of its users. 9. Trademarks. OregonHost and other names, logos and icons identifying OregonHost and ABC products and services referenced herein are trademarks or registered trademarks of ABC. All other product and/or brand
or company names mentioned herein are the trademarks of their respective owners. 10. Miscellaneous. This Agreement, including any and all documents referenced herein, constitute the entire agreement between ABC and you pertaining to the subject matter hereof. ABC's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the
provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon and the federal laws of the United States applicable therein. User agrees that jurisdiction to any action brought pursuant to this Agreement shall be held before a court
authorized in the State of Oregon. |