Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING THE SITEDRAFTER PRODUCT. USE OF THIS SITE CONSTITUTES ACCEPTANCE OF ALL TERMS AND CONDITIONS.
This Agreement ("Agreement") consists of the Terms and Conditions set forth below (Terms and Conditions"). This Agreement constitutes the entire understanding of the parties (Advanced Tel, Inc., hereinafter referred to as EATEL and Self Serve Web Developer, hereinafter referred to as SSWD) with respect to the subject matter of this Agreement and supersedes all prior understandings, whether written or oral, between the parties. In addition, by using sitedrafter.com, you represent and warrant to EATEL that you are 18 years old or older and if this contract is entered into on behalf of a business enterprise, that you are properly authorized to act on behalf of that entity.
SSWD shall navigate the sitedrafter.com website to create their own Website. Prices for such services shall be as provided by EATEL online. Customer shall select preferences from choices provided by EATEL and such selections of preferences will determine nonrecurring and recurring charges. Completion of the sign-up process shall signify SSWDs acceptance of such recurring and non-recurring charges. Once the SSWD has signed up for service, SSWD shall be assigned an account manager, user name, and password. SSWD may elect to add or delete items after the initial acceptance and signup. However, acceptance by SSWD shall result in a minimum one-month charge for such service. In the event that SSWD elects to discontinue any selection prior to the end of the initial month or any subsequent months, there shall be no proration of recurring monthly charges. SSWD shall have 30 (thirty) days to create a website from the date the account manager is activated/sign-up is completed. Recurring charges shall commence from the 30th day of sign-up. Non-recurring charges shall be due thirty days from the first EATEL invoice date. In the event that SSWD fails to pay such charges in a timely manner, a late fee of 1 ½% per month shall apply. The website created using EATELs sitedrafter website cannot be used with any other web hosting company or service. Should SSWD elect to terminate its services with EATEL, SSWD acknowledges that any site created shall not be available for use by SSWD on or with any other service.
SSWD accepts responsibility for submitting content and other relevant information necessary for the development and publication of the developed Website. SSWD is responsible for implementing sufficient procedures and safeguards to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our services for the reconstruction of any lost or corrupted data. SSWD is responsible for creating its own website and for its own content. SSWD accepts responsibility for submitting content and other relevant information necessary for the development and publication of the developed Website. EATEL does not monitor nor does EATEL assume any responsibility as to the legality, for that which is published or posted on your website, our facilities or on the Internet. EATEL is not responsible for the content of any other Website linked to SSWD services. EATEL does not and cannot guarantee or warrant that any files available for downloading through our sites, your site or Internet connections will be free from infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties.
SSWD must immediately notify EATEL of any unauthorized use of an account, and/or any breach or attempted breach, of security known to SSWD at email@example.com. SSWD is responsible for ensuring that its network and/or computer are configured in a secure manner. SSWD may not, through action or inaction, allow others to use its network for illegal or inappropriate activities. EATEL takes no responsibility for the security or privacy of the communications transmitted over EATEL facilities.
EATEL may, in its sole discretion, remove or disable Customer materials or terminate services to Customer with or without notice to Customer, if Customer's materials, postings or links allegedly infringe trademark, copyright or other intellectual property rights of third parties. EATEL is not responsible for determining if the allegations of infringement are valid. SSWD agrees not to assert any claim against EATEL for any such removal. EATEL shall comply with the provisions of the Digital Millennium Copyright Act, the provisions of which are deemed incorporated by reference. In addition, EATEL may terminate SSWDs services if SSWD violates this provision. Copyright owners are specifically referred to the notification provisions of the Act at 17 U.S.C. §512(c)(3).
EATEL, in its sole discretion, will determine on a case-by-case basis what action will be taken in response to a violation of these terms and conditions or any other policy related to EATEL services. EATEL reserves the right to investigate suspected or alleged violations of these terms and conditions, including gathering information from SSWD and SSWDs accounts, or the complaining party, and examining of material on our servers. Nothing contained in this policy shall be construed to limit our actions or remedies in any manner. EATEL reserves the right to take any and all additional actions EATEL may deem appropriate with respect to such activities, including, without limitation, taking action to recover the costs and expenses of identifying offenders and removing them from our service and levying cancellation charges to cover our costs in the event of termination for any of the causes provided in these terms and conditions. EATEL may collect reasonable attorney fees from SSWD if EATEL is required to employ counsel due to violation of these terms and conditions, including, but not limited to, nonpayment for service provided pursuant to this agreement or with regard to any other EATEL service. EATEL reserves at all times all rights and remedies available to EATEL with respect to such activities at law or in equity.
EATEL makes no express or implied warranties, including warranties of title, non-infringement, and merchantability or fitness for a particular purpose, regarding EATEL service, or any software or other material available through our service. EATEL shall not be liable for any damages of any nature suffered by SSWD or any third party resulting in whole or in part from use of EATEL services, the sitedrafter website created by SSWD or EATELs exercise of any rights under these terms and conditions. IN NO EVENT SHALL EATEL, ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HAVE ANY LIABILITY WHATSOEVER TO SSWD OR ANY THIRD PARTY FOR ANY (A) CONSEQUENTIAL, SPECIAL, INCIDENTAL OR OTHER FORMS OF INDIRECT DAMAGES OR FOR ANY PUNITIVE DAMAGES OF ANY FORM OR NATURE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, INDEMNITY, WARRANTY OR TORT (INCLUDING NEGLIGENCE), ARISING OUT OF OR OTHERWISE RELATING TO THE AGREEMENT, INCLUDING ANY BREACH, TERMINATION OR EXPIRATION HEREOF OR ANY OBLIGATIONS HEREUNDER or (B) FOR ANY AMOUNTS EXCEEDING THE AMOUNTS PAID BY SSWD TO EATEL HEREUNDER. No oral advice or information given by EATEL employees shall create a warranty of any kind. EATEL service and any software provided to you are provided on an as is, as available basis; EATEL does not warrant that they will be error-free and/or uninterrupted, or that defects will be corrected. EATEL has no responsibility or liability for the accuracy or quality of information obtained through EATEL service. We do not guarantee the security or back up of your data stored on the service. Waiver by EATEL of any default by SSWD should not be considered a continuing waiver of such default or a waiver of any other default. By using EATEL services, SSWD agrees to waive and hold EATEL harmless from any claims relating to any action taken by EATEL including conducting an investigation, issuing a warning, refusing to post material, removing material, suspending or terminating services, or other appropriate action. This waiver applies to all violations described in these terms and conditions or any documents incorporating these terms and conditions.
SSWD agrees that any dispute between SSWD and EATEL arising out of SSWDs use of any EATEL service may, at EATELs option, be required to be submitted by the aggrieved party for binding arbitration under the auspices of the American Arbitration Association. Any demand for arbitration under this section must be filed with the American Arbitration Association's office in Baton Rouge, Louisiana (or such nearer location). The arbitration must be held in Baton Rouge, Louisiana, and the arbitrator must be a person with experience in online services operation or law. SSWD agrees to the venue of all actions involving SSWDs use of EATEL services to be brought in Ascension Parish, Louisiana.
EATEL shall not be liable for any delay or failure in performance of any part of this Agreement from any cause beyond its control and without its fault or negligence, including, but not limited to, acts of God, acts of civil or military authority, government regulations, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of third parties, or acts or omission of common carriers.
SSWD accepts responsibility for submitting content and other relevant information necessary for the development and publication of the developed Website. In no event will EATEL be responsible for delays caused by SSWDs failure to provide content and/or other information on a timely basis. In the event that EATEL fails to meet a due date by more than thirty days, SSWDs sole remedy shall be a refund of customer charges accumulated during that thirty-day period.
These Terms and Conditions and any other notice, disclosure or policy posted or provided by EATEL constitute the entire understanding between EATEL and SSWD and supersedes any and all oral and/or written statements and representation made by either party to the other with regard to the services provided pursuant to these Terms and Conditions.
Failure on the part of EATEL or SSWD to enforce any provision of these Terms and Conditions or any other notice, disclosure or policy posted or provided by EATEL in any one instance shall not be construed as a general waiver or relinquishment of the right to enforce such provision.
If any provision of this Agreement shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected thereby.
SSWD agrees to defend, indemnify and hold EATEL harmless from and against any claim or demand asserted by any third party due to, related to, or arising out of use by SSWD of any services or websites provided hereunder.
SSWD can obtain assistance with any technical difficulty that may arise in connection with SSWDs utilization of the Software or SiteDrafter Services by requesting assistance by email to firstname.lastname@example.org. EATEL reserves the right to establish limitations on the extent of such support and the hours at which it is available. SSWD is responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for its access to and use of the Software and SiteDrafter Services, and SSWD shall be responsible for all charges related thereto.
SSWD must call in to Customer Service at 1-866-432-8359 to terminate this agreement. Customer may terminate particular selections by using the account manager.
SSWD is responsible for all matters related to taxes. It is SSWDs obligation to comply with all applicable laws, statutes and regulations. Specifically, EATEL in no way provides any warranty or information with regard to collection or remission of taxes or fees associated with SSWDs on-line activities. SSWD agrees to be liable for all taxes related to the use of any website or service generated through the use of sitedrafter.com and further agrees to indemnify EATEL against any claim or any expense associated with such a claim for payment of any taxes.
SSWD can elect to subscribe to the e-commerce add on. In subscribing to the e-commerce add on, SSWD can elect to purchase an Internet merchant account from a vendor acceptable to EATEL. Please contact 1-866-432-8359 for additional information. EATEL, in no way, bears responsibility for the relationship between SSWD and the Internet merchant account vendor selected by customer. In no case shall EATEL be responsible for damages of any kind associated with the relationship or transaction between SSWD and Internet merchant account vendor or the relationship or transaction between SSWD and SSWDs customers.
SSWD may elect to purchase domain names through EATEL. In the event that SSWD elects to purchase domain names through EATEL, SSWD is responsible for any and all selection of domain names.
EATEL may assign its rights and duties under this Agreement to any party at any time without notice to SSWD.
This Agreement shall all be governed and construed in accordance with the laws of the State f Louisiana notwithstanding any other conflict of law provision.