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GetUpdated, Inc. Legal Terms of Service and Use

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The policies below are applicable to GetUpdated, Inc. d/b/a Search Engine Partner and other Web sites on the World Wide Web originating in the United States and owned and operated by Search Engine Partner unless otherwise indicated.

IMPORTANT: PLEASE READ: THE USE OF THIS WEBSITE IS SUBJECT TO THE CONDITIONS STIPULATED BELOW:

All users of GetUpdated, Inc. services, and all customers upon signing up for Search Engine Partner services, agree to comply with Search Engine Partner Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using Search Engine Partner services with due regard to the rights of other Internet users and in conformity with the requirements of Search Engine Partner network environment. The TOU are not exhaustive and Search Engine Partner reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.Search Engine Partner.com or notification of the modified TOU. Any complaints about a customer's violation of the TOU should be sent to abuse{@} Search Engine Partner.com. Please see our abuse terms for more details on abuse policy and our new Unlimited Plan Quota. When you agree to the terms, you are also agreeing to our Billing terms. Click here for more info on our billing term. Except when expressly agreed to the contrary in writing by an authorized representative of Search Engine Partner, this TOU supersedes any other agreement with Search Engine Partner, whether written, oral, by conduct, or otherwise.

GetUpdated, Inc. Web Hosting Customer Restrictions

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to GetUpdated, Inc. customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a GetUpdated, Inc. server, and selling or distributing software (on a Web site residing on a GetUpdated, Inc. server) that facilitates spamming. Violators will face immediate suspension. GetUpdated, Inc. reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

IRC

GetUpdated, Inc. does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers.

Software Distribution & Gaming

GetUpdated, Inc. Web Hosting and Ecommerce accounts are not configured for the purposes of distributing software and/or multimedia products. Running any online gaming is prohibited due to intense CPU and memory usage.


Ownership of Web Site

The legal owner of customers' Web sites and accounts with GetUpdated, Inc. will be the individual or organization whose name is listed in GetUpdated, Inc. database as the owner. Customers will fully cooperate with and abide by any and all of GetUpdated, Inc. security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with GetUpdated, Inc..

Illegal Use

GetUpdated, Inc. servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing GetUpdated, Inc. services, all GetUpdated, Inc. customers certify that they and/or the organization they represent in procuring services from GetUpdated, Inc. are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

Copyright Violations

The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All GetUpdated, Inc. customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a GetUpdated, Inc. customer (per the DMCA) to GetUpdated, Inc. must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at GetUpdated, Inc. sole discretion.

DMCA Copyright Infringement Notification Requirements:

  • Physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").

  • Identification of the copyrighted work(s) claimed to have been infringed.

  • Identification of the material claimed to infringe the copyright(s), and enough information for GetUpdated, Inc. to locate it including URLs and specific descriptions of the infringing material at each URL.

  • The Claimant's name, address, and telephone number(s).

  • A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.

  • A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

  • Send the notification via mail to:

    Get Updated, Inc.
    Legal Department - DMCA Complaints
    One East Broward Blvd. Suite 1110
    Ft. Lauderdale, FL 33301

The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.

GetUpdated, Inc. is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that GetUpdated, Inc. will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.

In the event that GetUpdated, Inc. must remove, or disable access to, material on your web site that is alleged to infringe another's copyright under the DMCA, you acknowledge and agree that GetUpdated, Inc. may do so by disabling access to your entire web site.

Child Pornography and Pornography

The use of GetUpdated, Inc. services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. GetUpdated, Inc. is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Indemnification

GetUpdated, Inc. customers agree to protect, defend, hold harmless, and indemnify GetUpdated, Inc., any third party entity related to GetUpdated, Inc. (including, without limitation, third party vendors), and GetUpdated, Inc. executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of GetUpdated, Inc. services.

Disclaimer

The GetUpdated, Inc. service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. GetUpdated, Inc. expressly disclaims any representation or warranty that the GetUpdated, Inc. service will be error-free, secure or uninterrupted. No oral advice or written information given by GetUpdated, Inc., its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. GetUpdated, Inc. and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL GETUPDATED, INC. (INCLUDING, WITHOUT LIMITATION, GETUPDATED'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING GETUPDATED'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR GETUPDATED SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY GETUPDATED SERVICES EVEN IF GETUPDATED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GETUPDATED'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR GETUPDATED'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY GETUPDATED OR GETUPDATED'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications

GetUpdated, Inc. may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with GetUpdated, Inc. services. Certain changes to GetUpdated, Inc. services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and GetUpdated, Inc. is not liable, for any and all such personalized applications and content, except as expressly agreed to by GetUpdated, Inc..

Backup of Data

Except where GetUpdated, Inc. has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and GetUpdated, Inc. is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with GetUpdated, Inc. services. GetUpdated, Inc. servers are also NOT be used as a backup storage and is only intended for hosting web files.

Governing Law and Severability

The TOU, and any other agreement for GetUpdated, Inc. services, will be governed by and construed in accordance with the laws of the State of Florida, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and GetUpdated, Inc. will take place in Florida, and the customer will consent to personal jurisdiction and venue in that jurisdiction. It is agreed that use of this website constitutes consent to the laws of Palm Beach County, Florida. It is agreed by and between you (the user) and Search Engine Partner (the website) that all disputes and matters whatsoever arising under, in connection with or incident to this Contract shall be litigated, if at all, in and before a Palm Beach County state courthouse located in the State of Florida, U.S.A., to the exclusion of the Courts of any other state or country.If any provision or portion of the TOU or other GetUpdated, Inc. agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between GetUpdated, Inc. and its customers. Each of GetUpdated, Inc. and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation

Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.

Complete Agreement and Exclusivity

The TOU, and/or any other specific agreement for GetUpdated, Inc. services, constitutes the complete understanding and agreement between GetUpdated, Inc. and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of GetUpdated, Inc., the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for GetUpdated, Inc. services is between GetUpdated, Inc. and its customers only and will not confer any rights in any third party except as otherwise expressly provided by GetUpdated, Inc..

Refusal of Service
We reserve the right to refuse, cancel or suspend service at our sole discretion. All sub-networks, distributive hosting sites of GetUpdated, Inc. d/b/a Search Engine Partner must adhere to the above policies.

Third Party Providers

You agree that certain services may be provided by third party providers of GetUpdated, Inc. and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.

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