You agree not to access the websites by any means other than through the interface that is provided by Onlinewebmedia. You further agree that you will not collect any information from or through the websites using any automated means, including, without limitation, any script, spider, "screen scraping," or "database scraping" application. You will not damage, disable, overburden, or impair the websites or interfere with any other party's use and enjoyment of it.
This Website is owned by Onlinewebmedia, LLC, 11934 CALLE VISTA CT,Northridge, CA 91326,USA (which may be referred to herein as "OWM," "we," or "us").
SERVICES, FEES, TERMINATION
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. We reserve the right to modify, refuse, suspend or discontinue the Service with or without notice at any time, for any reason, and without any liability. PLEASE SEE OTHER DISCLAIMERS BELOW.
Onlinewebmedia proprietary rights and permitted use
The websites and all portions thereof, including all content therein, are the sole and exclusive property of Onlinewebmedia and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the websites or such content, or use the websites or access the websites other than as expressly authorized by Onlinewebmedia in writing. Use of the websites in any way not expressly permitted by this Agreement is prohibited and may be actionable under United States or international law. Use of the websites to solicit or market to businesses that appear on the websites is strictly prohibited.
So long as you agree and comply with the terms of this Agreement and unless this Agreement is otherwise terminated by Onlinewebmedia, you are permitted to view and use a single copy of the websites for your personal, non-commercial use, provided, however, that you may not publish, modify, distribute, perform, or create derivative works from or further duplicate any part of the websites unless expressly authorized by Onlinewebmedia in writing. You agree that you will not remove or modify any acknowledgements, credits, or legal notices contained on the websites.
Onlinewebmedia is not liable for damages due to down time, loss of service or any perceived loss of business due to listing your site in the directory or the directory being unavailable for any period of time.
Onlinewebmedia does not guarantee your site will remain in the directory. Onlinewebmedia reserves the right to remove your web site from the directory at any time for any reason of our choosing.
All unpaid directory listings will be removed without warning.
You hereby acknowledge and agree that, as between Onlinewebmedia and you, all right, title, and interest in and to the websites, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively Onlinewebmedia.
User contributions to the websites
Onlinewebmedia provides users, including the Onlinebizdirectory, Onlinedesignerdirectory,Onlinewebdirectory and Best-Web-Hosting-Company directory, with opportunities to contribute to the websites. You understand that all information, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, and other content posted by you on the websites (collectively, the "User Content"), whether publicly posted or privately transmitted, are your sole responsibility and that you are solely and exclusively responsible for all such User Content. By posting, providing, or otherwise making available any User Content, you hereby grant to Onlinewebmedia and its affiliates a perpetual, worldwide, irrevocable, royalty-free, nonexclusive, limited license to reproduce, use, adapt, modify, publish, translate, publicly perform, publicly display, distribute, and create derivative works from such User Content in any form in any medium and Onlinewebmedia may sublicense all or part of its rights under this license or assign them to third parties. You waive all moral rights with respect to any User Content. You also represent and warrant that: (i) you own the content posted by you on or through the websites or otherwise have the right to grant the license set forth in this section, (ii) your posting of the content on or through the websites does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person, and (iii) your posting of the User Content is in compliance with the Code of Conduct and the Editorial Policies. You further agree that Onlinewebmedia is free to use any ideas, know-how, concepts, techniques, or other materials you send us for any purpose.
You acknowledge that Onlinewebmedia reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit, or remove any User Content that is contributed to the websites. Without limiting the foregoing, Onlinewebmedia shall have the right to remove any User Content that violates this Agreement (including without limitation the Code of Conduct) or is otherwise objectionable as determined in Onlinewebmedia’s sole and absolute discretion. You acknowledge that Onlinewebmedia does not verify, adopt, ratify, or sanction User Content and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content. Onlinewebmedia makes no representations that any User Content is accurate, complete, or unedited.
Your conduct in connection with the websites is governed by Onlinewebmedia's Code of Conduct, which is hereby incorporated herein by this reference. If you discover materials on the website that violate this Agreement, including without limitation the Code of Conduct, please notify us at firstname.lastname@example.org.
CANCELLING YOUR ACCOUNT/LISTING
We and you both have the right to terminate or cancel your listing at any time. You can cancel your listing at any time by mailing at email@example.com or you may also cancel your listing by using provision provided in websites you have listed.
You understand and agree that the cancellation of your account or a particular subscription is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this TOU or our enforcement or application of this TOU; (2) the content available through this site or any change in such content; (3) your ability to access and/or use this site; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
Fees paid for directory listing services may be refunded or partially refunded on a case by case basis according to Company refund policies follows;
If you change your mind you have three days in which to cancel your listing starting with the day after your membership start date (“Cooling-Off Period”). At all other times, to cancel your membership you must give a minimum of 5 days’ notice before your next payment is due.
All payments are due upon submission.
If your listing was declined for some reason we will fully refund your money back to you. Processing fees are non-refundable once a site was accepted. The annually recurring fee for Sponsored Listings will be billed automatically for every New Year until cancellation by submitter. The cancellation must take place before submission day.
Notices. You consent that we may provide you with required notices, benefits and other membership information through electronic disclosure via email and postings on our website, or at the email address provided at the time of sign up (or as amended at our website by you from time to time).
Fees. Information regarding fees and other billing information is published in the account and/or support pages on this site, as well as in the Terms and Conditions and/or Terms of Offer sections on this site.
We accept all the major credit cards and PayPal payment options.
Third Party Fees. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to us. We may also provide access to or through third-party vendors, who provide content, goods and or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.
TERM AND AUTOMATIC RENEWAL
Paid Terms. For customers who sign up for and purchase any paid service plan or paid listing associated for our Services, minor releases of some online enhancements are included free of charge with your paid service plan or paid account until the end of the initial term you select for your account.
Auto-Renewal Feature: If you select a plan with an automatic renewal convenience feature at the time of purchase you will receive renewal email notification at 60 and 30 days prior to the yearly anniversary date for the renewal of your paid listing service plan. Your auto-renew listing plan or account will continue in effect until you cancel it or we terminate it. Unless you designate otherwise in your account preferences, cancel or opt out with Customer Service, the credit/debit card or bank account used for purchase of the initial paid listing service plan or paid account will be charged the applicable paid listing service plan fee, or paid account fee, excluding promotional and discount pricing, plus any applicable taxes automatically on or about ten days prior to listing plan or account expiration unless one of the parties has cancelled the listing plan or account or provided the other party with notice of its intent not to renew the listing plan or account at least 30 days prior to the end of the initial term or renewal term. Please note that we reserve the right to charge the applicable agreed renewal fee for the listing service plan or paid account fee for your selected Service, to your credit/debit card or bank account in monthly increments. If your debit/credit card or bank account on file reaches its expiration date or is cancelled, removed or otherwise non-functional, your continued use of our Services constitutes your authorization for us to continue billing that debit/credit card or bank account and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact and payment information current and updated. The renewal term of the paid listing service plan or paid account shall be for the period selected by you when you purchased the initial listing service plan or paid account.
PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY
Copyright Infringement Notice. The Service is controlled and operated by us. The Service, and all materials on the Services, including code, images, text, illustrations, logos, audio and video files (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights owned or licensed by us. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Services is our exclusive property and is protected by U.S. and foreign laws and international copyright treaties. Material from the Services may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website or networked computer environment, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited.
Trademarks. "Onlinewebmedia", "OWM," "Onlinebusinessdirectory", "OBD," "Onlinewebdirectory”, "OWD," "Onlinedesignerdirectory","ODD,”, "Best-Web-Hosting-Company,", "BWHC," and other marks, logos, and service names are trademarks and/or trade dress of OWM or its affiliates. None of our trademarks or our affiliates' trademarks may be used in connection with any product or service that is not ours or our affiliates', in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us, or our affiliates. All other trademarks viewable from a search performed using the Service are the trademarks and/or registered trademarks of their respective owners.
License Granted. Subject to your compliance with all the terms and conditions of this TOU, and in consideration of your promises reflected in this TOU, we grant to you a limited license to make use of the Services. This license expressly excludes, without limitation, any resale, or modification of the Services or any portion thereof and making any derivative works based upon or distributing or copying the Services, except as expressly permitted hereunder. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of us and our affiliates without our express written consent. You may not use any Meta tags or any other "hidden text" utilizing our name or trademarks or those of our affiliates without our express written consent or that of our affiliates. Any unauthorized use terminates the permission or license granted by us in this paragraph.
ACCEPTABLE USE POLICY
ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES
This Section defines the Acceptable Use Policy ("Policy") relating to the Service. You are responsible for continual compliance with this Policy. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. We take no responsibility for third party content, nor do we have any obligation to monitor such third party content. Nonetheless, we reserve the right to monitor content at any time for any reason. Further, we reserve the right to remove objectionable or personally identifiable information. We will not be responsible or liable for the exercise or non-exercise of your rights under this TOU.
For example, you may not use the Services to create, transmit, distribute, or store material that:
- Violates a trademark, copyright, trade secret or other intellectual property rights of others
- Violates the privacy, publicity or other personal rights of others
- Impairs the privacy of communications
- Contains obscene, offensive or inappropriate content
- Constitutes pornography
- May be threatening, abusive or hateful
- Violates export control laws or regulations
- Encourages conduct that would constitute a criminal offense or give rise to civil liability
- Causes technical disturbances to the Service, including, but not limited to, add-ware, spy-ware, introduction of viruses, worms or other destructive elements
- Assists or permits any persons in engaging in any of the activities described above
- Involves deceptive on-line marketing
If you become aware of any such activities, you are obligated to immediately notify us. We reserve the right to suspend or terminate access to the Services upon notice of a violation of this Policy. Indirect or attempted violations of this Policy, and actual or attempted violations by a third party on behalf of you, shall be considered violations of this Policy by you.
We have the right, but not the obligation, to monitor any activity or content associated with the Service. We may investigate any reported violation of its policies and take any action it deems appropriate, including terminating your access to the Service without notice. Any of the following, without limitation, would be a violation of the TOU and our policies and guidelines, and upon our determination, in our sole discretion, that you have engaged in any of the following, we shall terminate your access to the Service without notice, and to the extent applicable, remove, or disable access to, any material that is in violation of the following or claimed to be infringing or to be the subject of infringing activity. Accordingly, you expressly represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Service any materials which (I) restrict or inhibit any other user from using and enjoying the Service, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, or (vi) constitute or contain false or misleading indications of origin or statements of fact.
We may report any activity we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect our systems and users, to ensure the integrity and operation of our business and systems, or in response to subpoenas, court orders, or legal requirements, we may access and disclose any information we consider necessary or appropriate, including your contact details, IP addressing and traffic information, posted content, and Web usage paths. By using the Service you expressly consent to the foregoing use and disclosure.
You agree to indemnify us against liability, and to defend, indemnify, and hold us harmless as well as our affiliates, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages (actual and consequential), judgments, limitation costs and expenses, including but not limited to reasonable attorney's fees, arising from or in any way related to any breach of this TOU or any use by you of the Services, or by any other person using the Services through you or using your computer, or in connection with your transmission of any content on or through the Service. This Section shall survive termination of this TOU.
YOU ARE USING THE SERVICES AT YOUR OWN SOLE RISK AND WE ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH ANY SUPPORT, ERROR CORRECTIONS, UPDATES, UPGRADES AND/OR ENHANCEMENTS OF THE SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND THAT THE ENTIRE RISK AS TO SATISFACTORY AVAILABILITY, TIMELINESS, RELIABILITY, QUALITY, PERFORMANCE, AND ACCURACY OF THE SERVICE IS YOURS AND YOURS ALONE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE SERVICES OR INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS OR MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR FAULT-FREE; (II) THAT THE SERVICE WILL BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) AS TO THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY RECOMMENDATION, OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SERVICES; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (VI) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES OR THAT THE SERVICES ARE NONINFRINGING.
USD AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE USD AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN CONTRACT OR TORT ARISING OUT OF OR IN CONNECTION WITH THIS TOU OR THE SERVICES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, OR ANY OF THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION), INCLUDING WITHOUT LIMITATION ANY SUCH ACTION ARISING OUT OF (I) USE OF THE SERVICE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION, (ii) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (iii) ANY GOODS OR SERVICES DISCUSSED, PURCHASED, OBTAINED, OR PARTICIPATED IN, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICE, IN EACH CASE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT SOME REMEDY IS REQUIRED BY APPLICABLE LAW WITH RESPECT YOUR USE OF THE SERVICE, YOUR EXCLUSIVE REMEDY REGARDING THE SERVICE SHALL BE THE REPLACEMENT OF ANY SUCH SERVICE OR COMPONENT OF THE SERVICE FOUND TO BE DEFECTIVE. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY OR OUR AFFILIATES' CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF DIRECT DAMAGES RELATING TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID FOR USE OF THE SERVICE DURING THE ONE-YEAR PERIOD PRECEDING THE CLAIM.
By using the Service, You:
- agree that the substantive laws of the state of California, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement;
- Agree that you may not assign any or all of your rights and obligations under this TOU without our prior written consent, which may be withheld in our sole discretion.
- agree that all provisions of this TOU relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use or access to the website, for whatever reason;
- agree that nothing in this TOU shall be deemed to convey any third party rights or benefits;
- agree that except as otherwise required by law (in which case California statutes of limitation shall apply), the arbitration of any cause of action or claim you may have with respect to this website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred;
- agree that if any portion of this TOU is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted;
- agree that no waiver of any breach of any agreement or provision of this TOU, nor any failure to assert any right or privilege contained in this TOU, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision; and
- Agree that this TOU (including all policies, notices and other terms incorporated into this TOU by reference) constitutes the entire agreement between you and us with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral.
- agree that this TOU (including all policies, notices, terms on mail pieces and other terms incorporated into this TOU by reference) constitutes the entire agreement between you and us with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. In the event of any conflict between these terms and the terms of mail pieces, the terms of this TOU will control.
All parties and/or users agreeing to this TOU agree that any and all disputes, causes of actions or claims arising out of, in connection with or in any way related to this Agreement, or the products or services associated with this Agreement, shall be fully and finally settled in binding arbitration proceedings under the Rules of Arbitration of the American Arbitration Association in force at the time this Agreement is entered, by one arbitrator appointed in accordance with said Rules, with the specification that any such arbitral award shall be enforceable by any court having jurisdiction thereof. All parties seeking relief are to be bound by this arbitration provision as the sole method to determine any disputes arising from, in connection with, or related to this Agreement, including any actions to enforce or interpret this Agreement. The arbitration proceeding shall be construed in accordance with the applicable laws of the State of California.
All parties and/or users agreeing to this TOU agree that any and all disputes arising out of, in connection with or in any way related to this Agreement, or the products or services associated with this Agreement, shall be limited as to discoverable information which is requested pursuant to a subpoena, arbitration, discovery, or any other legal proceeding, by the following:
We may request that parties and/or users cooperate in good faith regarding formulation of appropriate search terms and protocols in advance of any information or data search, including pre-search formulating of search terms, including semantic synonyms, search protocols, and post-search error sampling. Any production shall then be provided referencing such agreed protocols in lieu of individual discovery request responses.
- All relevant and discoverable information or data (in any form) shall be strictly limited to the dates of use by the user of the products and services offered hereunder who is requesting any such information. No discovery, including eDiscovery, shall be provided for timeframes outside the timeframe of use of the requesting party, and shall be limited to information or data that is reasonably accessible to us. All parties and users agree that these limitations are reasonable.
- All relevant and discoverable information or data (in any form) requested for such applicable dates shall be provided in the format in which it is stored or archived, and shall not be required to be provided in any other format, and no reports of any kind not used regularly in the course of business shall be requested or created/produced.