homepageNOW - Terms of Use
These Terms of Use (the "Terms") set forth the legally binding terms for your use of the service as described below (the “Service”). By using the Service, you agree to be bound by these Terms.
We may modify these Terms and our Privacy Policy from time to time and such modification shall be effective upon posting by homepageNOW. You agree that your continued use of the Service will indicate your acceptance of the amended Terms and the Privacy Policy. It is therefore important that you review these Terms and our Privacy Policy regularly to ensure you are updated regarding changes.
ServicehomepageNOW offers ready-to-go homepages for nearly any occasion in life. The homepages base on numerous professional design templates and contain predefined texts for all different occasions. You must register with homepageNOW in order to be assigned your own user account and can have an unlimited number of homepages. Your homepages can be changed or deleted at any time through the homepageNOW configuration area.
homepageNOW is not a content provider and is not liable for the information posted, uploaded, or linked to by its users. A user constitutes someone who creates a page and also a visitor to a page. Therefore, by visiting a page, you agree to these terms and all applicable laws to this agreement.
homepageNOW reserves the right, in its sole discretion, to reject, refuse to publish or remove any homepage by you, or to terminate your access to the Service at any time, for any or no reason, with or without prior warning, and without liability or compensation.
Eligibility
Use of the Service is void where prohibited. By using the Service, you represent and warrant that(a) all registration information you submit is truthful and accurate;(b) you will maintain the accuracy of such information; (c) you are 18 years of age or older;(d) your use of the Service does not violate any applicable law or regulation.Your homepage may be deleted and your user account may be terminated without warning, if we believe that you violated any of these conditions.
Registration
When you register with homepageNOW, you will create a password. You are solely responsible for maintaining the confidentiality of your password and any and all use of your user account. You agree to notify homepageNOW immediately if you suspect any unauthorized use of your user account or access to your password. You may not share your password with anyone.
Privacy Policy
Use of the Service is also governed by our Privacy Policy which can be found here and is incorporated into these Terms by this reference.
Non-commercial Use
The Homepagenow are for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by homepageNOW.com. Illegal and/or unauthorized use of homepageNOW, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Homepagenow Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from user pages without notice and may result in termination of user privileges. Appropriate legal action will be taken for any illegal or unauthorized use homepageNOW.
Content Posted
homepageNOW may delete any Content that in the sole judgment of homepageNOW violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. homepageNOW assumes no responsibility for monitoring sites created using our service that provide inappropriate Content or conduct. If at any time we choose, in our sole discretion, to monitor the homepageNOW sites, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the sites created using homepageNOW, and any material or information that you transmit to other users and for your interactions with other Users. homepageNOW does not endorse and has no control over the Content. Although homepageNOW reserves the right to review the Content, the Content is not necessarily reviewed by homepageNOW prior to posting and does not necessarily reflect the opinions or policies of homepageNOW. homepageNOW makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the homepageNOW. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending communication from homepageNOW and terminating the Users of such violations.
By way of example, and not as a limitation, you agree that when using the Service, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information- send messages that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents- send messages that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer- send messages that contain false or misleading information- conduct or forward surveys, contests, pyramid schemes or chain letters- receive without notifying homepageNOW any message sent by another user of the Service that you know, or reasonably should know, cannot be legally distributed in such manner.- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded- Restrict or inhibit any other user from using and enjoying the Service- harvest or otherwise collect information about others, including contact information such as e-mail addresses, for the purpose of building “contact” or “lead” lists- violate any applicable laws or regulations.
You may not tamper with the Service, commit unauthorized intrusion into any part of the Service or use the Service to intrude into any other site. Acts of interference, including but not limited to, password cracking, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.) are prohibited.
Protected Material
You must not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. homepageNOW may delete your homepage(s) or terminate your user account if you infringe anyone’s copyright, trademark, patent, trade secret, right of publicity or other right.
If you believe that your work has been copied and posted on the Service in a way that constitutes infringement, please contact our Copyright Agent as provided in the Copyright Infringement Claims Procedure.
Proprietary Rights in Content on homepageNOW.com
homepageNOW owns and retains all proprietary rights in its website and Service. The website contains copyrighted material, trademarks, and other proprietary information of homepageNOW. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Disclaimer
USE OF ANY CONTENT OBTAINED VIA THE SERVICE IS AT YOUR OWN RISK. THE CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEPAGENOW MAY MAKE CHANGES IN THE SERVICE AT ANY TIME. INFORMATION RECEIVED VIA THE HOMEPAGENOWSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, FINANCIAL OR OTHER DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
HOMEPAGENOW MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CONTENT CONTAINED ON THE HOMEPAGENOWSITE FOR ANY PURPOSE. ALL SUCH CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE SERVICE IS ALSO PROVIDED "AS-IS" AND HOMEPAGENOW MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
homepageNOW is not responsible for any incorrect or inaccurate content posted on homepagenow.com or in connection with the Service and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, destruction or unauthorized access to, or alteration of any user account or homepage. The Service may be temporarily unavailable from time to time for maintenance or other reasons. Under no circumstances shall homepageNOW be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, from non-availability of the Service, from any content posted on or through the Service, or from the conduct of any user of the service. No advice or information, whether oral or written, obtained by a user from homepageNOW or through the Service shall create any warranty not expressly stated herein.
Links to Third Party Sites/Advertisements
homepageNOW does not take any responsibility for links to third party websites or third party advertisements on homepagenow.com or user homepages. Such links or advertisements do not imply approval or endorsement of the linked website or advertisement and homepageNOW does not assume any responsibility for the goods or services that may be shown or provided thereby.
Interactions
homepageNOW shall not be liable for your interactions with any organization or individual found on or through the Service. Such interactions are solely between you and such organization or individual. homepageNOW is under no obligation to become involved in disputes that may arise therefrom.
You are solely responsible for your interactions with other homepageNOW users. HomepageNOW reserves the right, but has no obligation, to monitor disputes between you and other users.
Limitation on Liability
IN NO EVENT SHALL HOMEPAGENOW BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF HOMEPAGENOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOMEPAGENOW'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HOMEPAGENOW FOR THE SERVICE DURING THE TERM OF YOUR USE OF THE SERVICE.
Indemnity
You agree to indemnify and hold homepageNOW, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising from a breach of these Terms and/or arising out of your use of the Service in violation of these Terms.
Terms
These Terms shall remain in full force and effect while you use the Service. You may terminate your account in the Service with or without cause at any time. Once we process your request, we will remove your account from our database. homepageNOW may also terminate your user account at any time, for any or no reason, and without warning. Even after your user account is terminated, these Terms will remain in effect. homepageNOW also reserves the right to change conditions of the terms at anytime. Changes will be in effect once they are posted on homepagenow.com.
Fees
homepageNOW reserves the right to charge for the Service and to change its fees in its sole discretion by providing notice thereof either via email or by posting same on its website, such as by posting amended Terms. Your continued use of the Service after any such change constitutes your acceptance of such change.
International Use
Due to the global nature of the Internet, you agree to comply with all national and international rules regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Governing Law, Venue, and Jurisdiction
If there is any dispute about or involving the Service, you agree that the dispute shall be governed by the laws of the State of Delaware without regard to conflicts of laws provisions. You hereby agree to submit to personal jurisdiction exclusively in the state or federal courts located in the State of Delaware for any legal proceedings involving the Terms or the Service and hereby waive any claim or argument that any such proceeding has been brought in an inconvenient forum.
Other
These Terms including our Privacy Policy are accepted upon your use of the Service and constitute the entire agreement between you and homepageNOW regarding the use of the Service. The failure of homepageNOW to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. homepageNOW is a trademark of Homepagenow Inc. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Enforcement
When homepageNOW becomes aware of an alleged violation of these Terms, homepageNOW will initiate an investigation. Depending on the severity of the violation, homepageNOW may, at its sole discretion, immediately restrict, suspend, or terminate your access to the Service and/or pursue other civil remedies. If such violation is a criminal offense, homepageNOW will notify the appropriate law enforcement agency of such violation.
