Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on November 9, 2009.
This Terms of Use Agreement sets forth the standards of use of the
EZ Web Page Designs Online Service for Registered Members. By using the
EZ Web Page Designs - myk12space.com website you (the "Member") agree to
these terms and conditions. If you do not agree to the terms and conditions of
this agreement, you should immediately cease all usage of this website. We
reserve the right, at any time, to modify, alter, or update the terms and
conditions of this agreement without prior notice. Modifications shall become
effective immediately upon being posted at
EZ Web Page Designs - myk12space.com website. Your continued use
of the Service after amendments are posted constitutes an acknowledgement and
acceptance of the Agreement and its modifications. Except as provided in this
paragraph, this Agreement may not be amended.
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Description of Service
EZ Web Page Designs is providing Member with Online Services. Member
must provide (1) all equipment necessary for their own Internet connection,
including computer and modem and (2) provide for Member’s access to the Internet,
and (3) pay any fees relate with such connection.
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Disclaimer of Warranties.
The site is provided by EZ Web Page Designs on an
"as is" and on an "as available" basis. To the fullest extent permitted by
applicable law, EZ Web Page Designs makes no representations or warranties
of any kind, express or implied, regarding the use or the results of this web
site in terms of its correctness, accuracy, reliability, or otherwise.
EZ Web Page Designs shall have no liability for any interruptions in the use of
this Website. EZ Web Page Designs disclaims all warranties with regard to the
information provided, including the implied warranties of merchantability and
fitness for a particular purpose, and non-infringement. Some jurisdictions do
not allow the exclusion of implied warranties, therefore the above-referenced
exclusion is inapplicable.
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Limitation of Liability
EZ Web Page Designs SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN
PARTICULAR EZ Web Page Designs SHALL NOT BE LIABLE FOR ANY SPECIAL,
INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS,
LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR
THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT,
NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF
EZ Web Page Designs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS
INAPPLICABLE.
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Indemnification
Member agrees to indemnify and hold EZ Web Page Designs, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim or
demand, including reasonable attorneys’ fees and costs, made by any third party
due to or arising out of Member’s use of the Service, the violation of this
Agreement, or infringement by Member, or other user of the Service using Member’s
computer, of any intellectual property or any other right of any person or
entity.
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Members Account
All Members of the Service shall receive a password and an account. Members are
entirely responsible for any and all activities which occur under their account
whether authorized or not authorized. Member agrees to notify EZ Web Page Designs
of any unauthorized use of Member’s account or any other breach of security known
or should be known to the Member. Member’s right to use the Service is personal
to the Member. Member agrees not to resell or make any commercial use of the
Service without the express written consent of EZ Web Page Designs.
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Modifications and Interruption to Service
EZ Web Page Designs reserves the right to modify or discontinue the Service with
or without notice to the Member. EZ Web Page Designs shall not be liable to
Member or any third party should EZ Web Page Designs exercise its right to
modify or discontinue the Service. Member acknowledges and accepts that
EZ Web Page Designs does not guarantee continuous, uninterrupted or secure
access to our website and operation of our website may be interfered with or
adversely affected by numerous factors or circumstances outside of our control.
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Third-Party Sites
Our website may include links to other sites on the Internet that are owned and
operated by online merchants and other third parties. You acknowledge that we are
not responsible for the availability of, or the content located on or through,
any third-party site. You should contact the site administrator or webmaster for
those third-party sites if you have any concerns regarding such links or the
content located on such sites. Your use of those third-party sites is subject to
the terms of use and privacy policies of each site, and we are not responsible
therein. We encourage all Members to review said privacy policies of
third-parties’ sites.
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Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by
the Vendors or collected from publicly available sources. While EZ Web Page Designs
makes every effort to ensure that the information on this website is accurate,
we can make no representations or warranties as to the accuracy or reliability of
any information provided on this website.
EZ Web Page Designs makes no warranties or representations whatsoever with
regard to any product provided or offered by any Vendor, and you acknowledge that
any reliance on representations and warranties provided by any Vendor shall be at
your own risk.
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Governing Jurisdiction of the Courts Arizona
Our website is operated and provided in the State of Arizona. As such,
we are subject to the laws of the State Arizona, and such laws will govern
this Terms of Use, without giving effect to any choice of law rules. We make no
representation that our website or other services are appropriate, legal or
available for use in other locations. Accordingly, if you choose to access our
site you agree to do so subject to the internal laws of the State Arizona.
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Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance
with any such laws. Member may not use the Service in any way that violates
applicable state, federal, or international laws, regulations or other
government requirements. Member further agrees not to transmit any material that
encourages conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national, or
international law or regulation.
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Copyright and Trademark Information
All content included or available on this site, including site design, text,
graphics, interfaces, and the selection and arrangements thereof is ©2009
ezwebpagedesigns.com, will all rights reserved, or is the property of
EZ Web Page Designs and/or third parties protected by intellectual property
rights. Any use of materials on the website, including reproduction for purposes
other than those noted above, modification, distribution, or replication, any
form of data extraction or data mining, or other commercial exploitation of any
kind, without prior written permission of an authorized officer of EZ Web Page Designs
is strictly prohibited. Members agree that they will not use any robot, spider,
or other automatic device, or manual process to monitor or copy our web pages or
the content contained therein without prior written permission of an authorized
officer of EZ Web Page Designs.
EZ Web Page Designs and myk12space.com are proprietary marks of
ezwebpagedesigns.com. EZ Web Page Designs trademarks may not be used in
connection with any product or service that is not provided by
EZ Web Page Designs, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits EZ Web Page Designs.
All other trademarks displayed on EZ Web Page Designs website are
the trademarks of their respective owners, and constitute neither an endorsement
nor a recommendation of those Vendors. In addition, such use of trademarks or
links to the web sites of Vendors is not intended to imply, directly or
indirectly, that those Vendors endorse or have any affiliation with EZ Web Page Designs.
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Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted
through the Digital Millennium Copyright Act, ezwebpagedesigns.com
designates the following individual as its agent for receipt of notifications of
claimed copyright infringement.
By Email: Edu Online Services
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Botnets
EZ Web Page Designs retains the right, at our sole discretion, to terminate any
accounts involved with botnets and related activities. If any hostnames are used
as command and control points for botnets, EZ Web Page Designs reserves the
right to direct the involved hostnames to a honeypot, loopback address, logging
facility, or any other destination at our discretion.
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Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or
unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and shall remain
valid and enforceable to the maximum possible extent. You agree that this Terms
of Use Agreement and any other agreements referenced herein may be assigned by
EZ Web Page Designs, in our sole discretion, to a third party in the event of a
merger or acquisition. This Terms of Use Agreement shall apply in addition to,
and shall not be superseded by, any other written agreement between us in
relation to your participation as a Member. Member agrees that by accepting this
Terms of Use Agreement, Member is consenting to the use and disclosure of their
personally identifiable information and other practices described in our Privacy
Policy Statement [if applicable].
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Children Under Age 13
EZ Web Page Designs does not knowingly collect or solicit personal information
from anyone under the age of 13 or knowingly allow such persons to register. If
you are under 13, please do not attempt to register for myk12space.com or
send any information about yourself to us, including your name, address,
telephone number, or email address. No one under age 13 may provide any personal
information to or on myk12space.com. In the event that we learn that we have
collected personal information from a child under age 13 without verification of
parental consent, we will delete that information as quickly as possible. If you
believe that we might have any information from or about a child under 13, please
contact us through the contact form below.
By Email: Edu Online Services
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Children Between the Ages of 13 and 18
We recommend that minors 13 years of age or older ask their parents for
permission before sending any information about themselves to anyone over the
Internet including the Web site myk12space.com.
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