TERMS AND CONDITIONS OF SERVICE
THE PERSON WHO HAS PURCHASED THE SUBSCRIPTION FOR
THIS SERVICE (THE "SUBSCRIBER" OR "YOU") MUST CAREFULLY READ ALL OF THE TERMS
OF THIS AGREEMENT BEFORE CONSENTING BY CLICKING THE ''I ACCEPT'' BUTTON BELOW.
CLICKING THE ''I ACCEPT'' BUTTON BELOW INDICATES SUBSCRIBER'S ACCEPTANCE OF THE
TERMS AND CONDITIONS OF THIS AGREEMENT.
ANY QUESTIONS CONCERNING THIS AGREEMENT SHOULD BE REFERRED TO
support@connectehome.com
1. Agreement.
This
Agreement (the ''Agreement'') specifies the Terms and Conditions for access
to and use of Connecting Point
(the ''Site'') and describes the terms and conditions applicable to Your access of and use of the Site. This Agreement may be modified at any time by
the Site upon posting of the modified agreement. Any such modifications shall be effective
immediately. You can view the most recent version of these terms at any time at
http://connectehome.com/tos.php. Each use by You
shall constitute and be deemed Your unconditional acceptance of this Agreement.
2. Overview and Subscription.
The Site
has developed and licenses a system which allows Subscribers to promote a legal
and ethical network marketing opportunity and/or Client program and/or
opportunities or programs of their choice (the "Service"). By accepting
this Agreement, You wish to subscribe to and
participate in the Site and use the Service.
You understand that participation in the Service will involve
establishing contractual arrangements with third parties.
The Site operates and manages the Service to assist network marketers in the
building of their business on the internet and with various telecommunication
systems and methods. All Subscribers
must read this agreement carefully and agree to all of the terms and conditions
herein before registering and using the Service.
3.
Privacy.
Your visit
to our site is also governed by our Privacy Policy. Please review our Privacy
Policy at http://connectehome.com/privacypolicy.php.
4.
Proprietary Rights and Ownership.
(a) The
Service and is owned and copyrighted by the Site and is protected by
(b) All Content
included on this site is and shall continue to be the property of the Site or
its content suppliers and is protected under applicable copyright, patent,
trademark, and other proprietary rights.
You acknowledge and agree that the Site is the owner of the Service and
all data and Content contained therein. Nothing in this Agreement shall be
construed to transfer any of the Site's proprietary or intellectual property
rights to user. You agree that the Site may offer use of and access to the
Service to other parties.
5.
Confidential Information.
(a) Through use of the Service, You may have access
to certain information that is confidential and proprietary to Provider
(''Confidential Information''). You
agree to protect all Confidential Information by using a reasonable degree of
care to prevent the unauthorized use, dissemination, or publication of the
Confidential Information.
(b) You
agree that a breach of the confidentiality provisions of this Agreement will
breach the security of the Service and thus would cause irreparable harm to the
Site for which no adequate remedy at law exists. You therefore agree that in addition to any
other remedies available, the Site shall be entitled to injunctive relief to
enforce the terms of this Agreement.
6.
Method of Acceptance.
You agree
that by clicking the ''I Accept'' button below, You
are accepting the terms and conditions in this Agreement for use of the
Service.
7.
License.
(a) The
Site hereby grants, and You hereby accept, a
nontransferable, non-exclusive, worldwide, license to use the Service, subject
to the conditions and for the period specified herein.
(b) You agree to use the Service for Your sole and exclusive personal benefit.
(c) You agree not to sublicense, assign, or transfer the Service except as
expressly provided herein, and agree that any attempt to do so in any way other
than expressly provided herein shall be null and void.
(d) All
other use of the Content, as defined in Paragraph 4, above, including but not
limited to, modification, publication, transmission, participation in the
transfer or sale of, reproduction, creation of derivative works from,
distribution, performance, display, incorporation into another Web site,
mirroring the Service, or in any other way exploiting any of the Content, in
whole or in part, is prohibited without first obtaining the Site's written
consent.
8. Registration
for Service, Password and Security.
(a) To become a
Subscriber so You can use the Service, You must
register by providing the Site with current, complete and accurate information
as prompted by the https://connectehome.com/signup.php. Paying Subscribers will also choose a password and a site
ID name. You shall provide the Site with accurate, complete and updated
registration information. You shall not knowingly provide inaccurate
information with the intent to create a false identity.
(b) You also agree not to provide false or misleading information in the
administrative panel of the software or Your web site.
This includes, but is not limited to providing false e-mail address in FROM:
field on outgoing emails.
(c) You are entirely responsible for maintaining the confidentiality of Your password and account.
Furthermore, You are entirely responsible for
any and all activities that occur under Your account. You agree not to provide
false or misleading information on the Service sign up form. This includes, but is not limited to
providing false name or e-mail address.
(d) You agree to notify the Site immediately of any unauthorized use of Your account or any other breach of security. You agree that the Site is the neutral host of
the Service and has no responsibility or liability in relation to the business
opportunities that You represent as part of Your use
of the Service.
(e) You agree that the Site may rely on any data, notice, instruction or
request furnished to the Site by You, which is
reasonably believed by the Site to be genuine and to have been sent or
presented by a person reasonably believed by the Site to be authorized to act
on Your behalf.
(f) You shall notify the Site at
support@connectehome.com of any known or suspected unauthorized uses of Your account, or any known or suspected breach of security,
including loss, theft or unauthorized disclosure of Your password. You shall be responsible for maintaining the
confidentiality of Your password and You are
responsible for all usage and activity on Your account, including use of the
account by a third party authorized by You to use Your account.
(g) Any fraudulent, abusive or otherwise illegal activity may be grounds for
termination by the Site and referral to the appropriate law enforcement
agencies.
(h) You acknowledge and agree that You will promptly
notify the Site if You are aware of any person who, in Your good faith opinion,
is or is intending to take unfair advantage of the Service provided by the
Site.
(g) The Site reserves the right to send e-mail to You
for the purposes of informing You of applicable offers, changes or additions to
the Service or any related products and services.
9. Subscriber
Conduct:
(a) The Site retains the right, at its sole discretion, to determine whether or
not a Subscriber's conduct is consistent with the letter and spirit of the
Terms of Service Agreement or Conditions or Policies and Procedures of the Site
and may terminate Service if a Subscriber's conduct is found to be inconsistent
with said Terms of Service Agreement and/or Conditions and/or Policies and
Procedures.
(b) Any unauthorized use of the Service, or the resale of the Services, is
expressly prohibited. You agree to abide by all applicable local, state,
national and international laws and regulations and are solely responsible for
all acts or omissions that occur under Your account or
password, including the content of Your transmissions through the Service. By
way of example, and not as a limitation, You agree not
to:
(i)
Use
the Service in connection with chain letters, junk email, pyramid schemes,
illegal or unethical testimonials, cross soliciting, money games, spamming or
any duplicative or unsolicited messages (commercial or otherwise);
(ii)
Harvest
or otherwise collect information about others, including email addresses,
without their consent;
(iii)
Create
a false identity or forged email, or otherwise attempt to mislead others as to
the identity of the sender or the origin of the message;
(iv)
Transmit
through the Service unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene or otherwise objectionable material of any kind or nature;
(v)
Transmit
any material that may infringe the intellectual property rights or other rights
of third parties, including trademark, copyright or right of publicity;
(vi)
Libel,
defame or slander any person, or infringe upon any person's privacy rights;
(vii)
Transmit
any material that contains viruses, Trojan horses, worms, time bombs, cancel
bots, or any other harmful or deleterious programs;
(viii)
Violate
any
(ix)
Interfere
with or disrupt networks connected to the Service or violate the regulations,
policies or procedures of such networks;
(x)
Attempt
to gain unauthorized access to the Service, other accounts, computer systems or
networks connected to the Service, through password mining or any other means;
(xi)
Interfere
with another Affiliate's use and enjoyment of the Service or another entity's
use and enjoyment of similar services; or engage in any other activity that the
Site believes could subject it to criminal liability or civil penalty or
judgment.
10. Forbidden
Content.
(a) You agree that You will not host, post or promote ANY website which advocates, encourages, endorses, or makes possible any form of, pornography, gambling, pyramid schemes, illegal testimonials, or any type of business opportunity that is unethical, illegal or otherwise objectionable program whatsoever. You agree that you will not post or promote any copyrighted materials not your own. You agree that you will not post or promote any material which is pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate. Affiliates are prohibited from transmitting on or through any of the Site's services, any material that is, in the Site's sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. Affiliates are prohibited from making any income claims or illegal product claims of any sort. This action WILL RESULT in immediate termination of Your account without refund. Any service interruptions as a result of subscribers spamming will be billed to the Subscriber at $500.00 per hour, with a $1,000 minimum billing for clean up. Subscriber will also be in violation of the Site's Service Agreement and may be subject to legal action.
(b) The Site reserves the sole right to ban ANY business opportunity from being
promoted through the Service.
(c) Should the Site discover that Your site or Your
communications promote programs of this type in any form this will constitute
grounds for immediate suspension or termination of Your site, and the loss of Your
entire lead database.
(d) The Site does not take responsibility for monitoring any usage of the
system. It is Your responsibility to ensure that all usage
of the system complies with these Terms and Conditions.
11. Payments.
(a) The Site reserves the right at any time to charge fees for access to the
Service or the Service as a whole. In
the event that the Site so elects, it shall post a notice at an appropriate
location on its website.
(b) If You order the Service, or purchase any other type of account
or additional fee-based service from the Site, You authorize the Site to
utilize its merchant account provider to charge Your account provided during
the purchase/enrollment process. You
authorize the Site to charge Your account a monthly
subscription fee.
(c)
It is Your responsibility to keep Your payment
information accurate and current with the Site. If a monthly payment cannot be
processed, You will be given a minimum of six (6)
business days notice to rectify the situation and make the payment. Failure to rectify the situation within six
(6) business days will lead to a cancellation of the account as described
below.
(d)
If You contact the Site directly with a specific
request for cancellation and refund, including substantial justification for
the refund, the Site, in its discretion, may issue a full refund of Your first
month's payment.
Should the Site, in its
discretion, make a refund outside of these conditions, the refund will not
include a refund for the cost of physical goods delivered.
12. Submitting/Importing
Information.
(a)
You represent to the Site that any and all emails You
upload into the system are "Opt in" and contacts that have specifically
requested information regarding Your opportunity. You also represent than any content You upload to the Service is solely owned by You or provided
by You with the express authority of the owners, does not infringe upon any
other individual's or organization's rights (including, without limitation,
copyright, trademark or intellectual property rights).
(b) By submitting Content, Data or Leads to any "Public Area" (e.g.
public chat rooms, bulletin boards, auto responder, etc.), You automatically
grant to the Site a royalty-free, perpetual, irrevocable, non-exclusive right
and license to use, reproduce, sell, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display such Content, Data, or
Leads (in whole or part) worldwide and/or to incorporate it in other works in
any form, media, or technology now known or later developed for the full term
of any rights that may exist in such Content.
(c)
Although the Site provides some encryption to protect certain personal
information which is transmitted, You understand that
Your uploads and transmissions may be intercepted and used, and that all the
risk associated therewith is solely Yours.
You shall not upload to, or distribute or otherwise publish through the
Service any Content, which is libelous, defamatory, obscene, pornographic,
abusive, or otherwise violates any law. As
the Site does not and cannot review every message created by You, You shall
remain solely responsible for the content of Your
messages.
(d) The Site reserves the right to disclose information about sales and usage
generated by the Service in forms that do not reveal Your
personal identity.
13. Idea
Submissions.
The
Site welcomes specific comments regarding the Service. If You send us
creative suggestions, ideas, notes, drawings, concepts or other information
(collectively "Information"), the Information shall be deemed, and
shall remain, the property of the Site.
None of the Information shall be subject to any obligation of
confidentiality on the part of the Site and the Site shall not be liable or owe
any compensation for any use or disclosure of the Information.
14. Trademarks.
Blox®,
Warm Market Wizard®, PhoneBurner., and others are
either trademarks or registered trademarks of Networx Online
, Inc. Other product and company names mentioned on
this Site may be trademarks of their respective owners.
15. Compliance with Laws.
You agree
to comply with all applicable laws regarding Your use
of the website. You further agree that information provided by You is truthful and accurate to the best of Your knowledge.
16. Indemnification.
(a) You agree to
indemnify the Site and hold the Site harmless from any and all liability,
losses, or damages the Site may suffer as a result of claims, actions, demands,
costs, or judgments against it arising from or related to this Agreement, or
(b) In the event
of any asserted claim, the Site shall provide You reasonably timely written
notice of same, and thereafter You shall at Your own expense defend, protect
and save harmless the Site against said claim or any loss or liability thereunder.
(c) In the further
event You shall fail to so defend and / or indemnify and save harmless, then in
such instance the Site shall have full rights to defend, pay or settle said
claim on their behalf without notice to You and with full rights to recourse
against You for all fees, costs, expenses and payments made or agreed to be
paid to discharge said claim.
(d) Upon default, You further agree to pay all reasonable attorney's fees
necessary to enforce this Agreement.
(e) The indemnity
obligations shall be unlimited as to amount or duration.
(f) The indemnity
obligations shall be binding upon and inure to the benefit of the parties,
their successors, assigns and personal representatives.
17. Limitation of Liability; No
Warranty; Limitation of Damages.
(a) YOU EXPRESSLY
AGREE THAT USE OF THE SERVICE PROVIDED BY THE SITE IS AT YOUR SOLE RISK.
(b) THE SITE SHALL HAVE NO LIABILITY OF ANY KIND FOR ANY
DAMAGES OR LOSS ARISING AS A CONSEQUENCE OF DOWNTIME OR UNAVAILABILITY.
(c) IN NO EVENT SHALL THE
SITE'S LIABILITY RELATED TO ANY OF THE SERVICES PERFORMED UNDER THIS AGREEMENT,
EXCEED THE TOTAL FEES PAID BY YOU FOR THE SUCH SERVICES. THE SITE SHALL NOT IN ANY EVENT BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, AND DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF THE SITE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT,
WARRANTY, OR ANY OTHER LEGAL OR EQUITABLE GROUNDS.
(d) THE SITE, ITS AGENTS, AFFILIATES, LICENSORS OR THE
LIKE, DO NOT REPRESENT OR WARRANT, EXPRESSLY OR IMPLIEDLY, THAT THEIR SERVICES
WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THEIR SERVICES OR AS TO THE
ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION SERVICE OR MERCHANDISE
CONTAINED IN OR PROVIDED THROUGH THEIR SERVICES, UNLESS OTHERWISE EXPRESSLY
STATED IN THIS AGREEMENT.
(e) THE SITE, ITS OFFICERS, AGENTS, OR ANYONE ELSE INVOLVED
IN PROVIDING SERVICES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE
SERVICES; OR FOR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR
TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF
GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO
PROVIDER'S RECORDS, PROGRAMS, OR SERVICES.
(f) THE SITE WILL
EXERCISE NO CONTROL OVER THE CONTENT OF THE INFORMATION PASSING THROUGH THE
SITE'S NETWORK EXCEPT THOSE CONTROLS EXPRESSLY PROVIDED HEREIN.
(g) THE SITE MAKES NO WARRANTIES OR REPRESENTATIONS OF
ANY KIND, EXPRESS OR IMPLIED, FOR THE SERVICES IT IS PROVIDING. THE SITE ALSO
DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT MAY BE SUFFERED BY YOU,
INCLUDING LOSS OF DATA RESULTING FROM DELAYS OR NON-DELIVERIES.
18. Use of Information.
The Site
reserves the right, and You authorize us, to use and
assign all information regarding site uses by You and all information provided
by You in any manner consistent with our Privacy Policy.
19. Copyrights and Copyright Agent.
If You believe Your work has been copied in a way that
constitutes copyright infringement, please provide a notice containing all of
the following information to our Copyright Agent:
(a) An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that You claim has been infringed;
(c) A description of where the material that You claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by You that You have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or
the law; and
(f) A statement by You, made under
penalty of perjury, that the above information in Your notice is accurate and
that You are the copyright owner or authorized to act on the copyright owner's
behalf.
Our
Copyright Agent for Notice of claims of copyright infringement on the Site is Networx Online, Inc. and can be reached as follows:
By Mail:
By E-mail:
support@connectehome.com
20. Applicable Law.
You agree
that the laws of the state of
21. Severability.
If any
provision of this Agreement shall be adjudged by any court of competent
jurisdiction to be unenforceable or invalid, that provision shall be limited or
eliminated to the minimum extent necessary so that this Agreement will
otherwise remain in full force and effect.
22. Termination.
The Site
may terminate this Agreement at any time, with or without notice, for any
reason. Upon
termination, You shall no longer be entitled to use
the Service and the licenses granted hereunder shall terminate and You shall
immediately return or destroy all Proprietary Information, but the terms of
this Agreement will otherwise remain in effect.
23. Contact Information.
HOW TO
CONTACT US:
Connecting Point
888 276 0932
support@connectehome.com