Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on October 1st,
2005.
This Terms of Use Agreement sets forth the standards of use of the
YourFamilyWebsite.com Online Service for Registered Members. By using
YourFamilyWebsite.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 YourFamilyWebsite.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.
1. Description of Service
YourFamilyWebsite.com is providing Member with an easy to use web family
website. 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.
2. Disclaimer of Warranties.
The site is provided by YourFamilyWebsite.com on an “as is” and on an
“as available” basis. To the fullest extent permitted by applicable law,
YourFamilyWebsite.com 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. YourFamilyWebsite.com
shall have no liability for any interruptions in the use of this Website.
YourFamilyWebsite.com 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.
3. Limitation of Liability
YourFamilyWebsite.com SHALL NOT be liable for any damages whatsoever, and in
particular YourFamilyWebsite.com 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
YourFamilyWebsite.com 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.
4. Indemnification
Member agrees to indemnify and hold YourFamilyWebsite.com, 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.
5. 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
YourFamilyWebsite.com 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
YourFamilyWebsite.com.
6. Modifications and Interruption to Service
YourFamilyWebsite.com reserves the right to modify or discontinue the Service
with or without notice to the Member. YourFamilyWebsite.com shall not be liable
to Member or any third party should YourFamilyWebsite.com exercise its right to
modify or discontinue the Service. Member acknowledges and accepts that
YourFamilyWebsite.com 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.
7. 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.
8. 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
YourFamilyWebsite.com 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.
YourFamilyWebsite.com 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.
9. Governing Jurisdiction of the Courts New York
Our website is operated and provided in the State of New York. As such, we
are subject to the laws of the State New York, 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 New York.
10. 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.
11. 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
YourFamilyWebsite.com, with all rights reserved, or is the property of
YourFamilyWebsite.com 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
YourFamilyWebsite.com 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 YourFamilyWebsite.com.
YourFamilyWebsite.com and YourFamilyWebsite.com are proprietary marks of
YourFamilyWebsite.com. YourFamilyWebsite.com’s trademarks may not be used in
connection with any product or service that is not provided by
YourFamilyWebsite.com, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits YourFamilyWebsite.com.
All other trademarks displayed on [Insert Name of Company]’s 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 [Insert Name of
Company].
12. Botnets
YourFamilyWebsite.com 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, YourFamilyWebsite.com reserves
the right to direct the involved hostnames to a honeypot, loopback address,
logging facility, or any other destination at our discretion.
13. 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
YourFamilyWebsite.com, 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.
YourFamilyWebsite.com Website Privacy Statement
This document was last updated on October 1st, 2005.
1. Acknowledgement and acceptance of terms
YourFamilyWebsite.com is committed to protecting your privacy. This Privacy Statement sets forth our current privacy practices with regard to the information we collect when you or your computer interact with our website. By accessing YourFamilyWebsite.com, you acknowledge and fully understand YourFamilyWebsite.com’s Privacy Statement and freely consent to the information collection and use practices described in this Website Privacy Statement.
2. Participating Merchant Policies
Related services and offerings with links from this website, including vendor sites, have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website. Online merchants and others who participate in [Insert Name of Company] services are encouraged to participate in industry privacy initiatives and to take a responsible attitude towards consumer privacy. However, since we do not have direct control over the policies or practices of participating merchants and other third parties, we are not responsible for the privacy practices or contents of those sites. We recommend and encourage that you always review the privacy policies of merchants and other third parties before you provide any personal information or complete any transaction with such parties.
3. Information We Collect and How We Use It
YourFamilyWebsite.com collects certain information from and about its users three ways: directly from our Web Server logs, the user, and with Cookies.
a. Web Server Logs.
When you visit our Website, we may track information to administer the site and analyze its usage. Examples of information we may track include:
Your Internet protocol address.
The kind of browser or computer you use.
Number of links you click within the site.
State or country from which you accessed the site.
Date and time of your visit.
Name of your Internet service provider.
Web page you linked to our site from.
Pages you viewed on the site.
b. Use of Cookies
YourFamilyWebsite.com may use cookies to personalize or enhance your user experience. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web Server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. Hence, this simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality..
YourFamilyWebsite.com reserves the right to share aggregated site statistics with partner companies, but does not allow other companies to place cookies on our website unless there is a temporary, overriding customer value (such as merging into YourFamilyWebsite.com a site that relies on third-party cookies).
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on our Website.
Personal Information Users
Visitors to our website can register to purchase services. When you register, we will request some personal information such as name, address, email, telephone number or facsimile number, account number and other relevant information. If you are purchasing a service, we will request financial information. Any financial information we collect is used only to bill you for the services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of registrations, we will ask for the relevant information. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting.
We will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary including:
§ To fulfill your service requests for services.
§ To protect ourselves from liability,
§ To respond to legal process or comply with law, or
§ In connection with a merger, acquisition, or liquidation of the company.
4. Use of Web Beacons or GIF files
YourFamilyWebsite.com Web pages may contain electronic images known as Web beacons – sometimes also called single-pixel gifs – that allow YourFamilyWebsite.com to count users who have visited those pages and to deliver co-branded services. YourFamilyWebsite.com may include Web beacons in promotional e-mail messages or newsletters in order to determine whether messages have been opened and acted upon.
Some of these Web beacons may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or email communications. These Web beacons may be used by these service providers to place a persistent cookie on your computer. This allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views, which in turn enables us and our service providers to learn which advertisements and emails bring you to our website and how you use the site. YourFamilyWebsite.com prohibits Web beacons from being used to collect or access your personal information.
5. Accessing Web Account Information
We will provide you with the means to ensure that personally identifiable information in your web account file is correct and current. You may review this information by contacting us by sending an email to our support attendant
–support@yourfamilywebsite.com
8. Changes to this Statement
YourFamilyWebsite.com has the discretion to occasionally update this privacy statement. When we do, we will also revise the “updated” date at the top of this Privacy page. We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service constitutes your agreement to this privacy statement and any updates.
7. Contacting Us
If you have questions regarding our Privacy Statement, its implementation, failure to adhere to this Privacy Statement and/or our general practices, please contact us. support@yourfamilywebsite.com
YourFamilyWebsite.com will use commercially reasonable efforts to promptly respond and resolve any problem or question.