Webnabit
Terms & Conditions
VERSION
1.0 (Last updated October 08, 2009
The
following Terms and Conditions constitutes the
entire agreement between Webnabit ("we"
or "us") and the User (“you").
By
continuing to use this website you are agreeing
to comply with and be bound by the following terms
and conditions of use, which together with our
Code of Ethics
and privacy
policy govern Webnabit’s relationship
with you in relation to this website. By accepting
these terms, you confirm that you are 18 years
of age or older, are capable of entering into
a binding agreement, and that you will accurately
complete any subscriber information submitted
to us. Also, by continuing to use the service
after we post changes, you accept this agreement,
as modified.
We
reserve the right to deny access to this website,
or any service provided via this website, to anyone
who violates these Terms and Conditions or who,
in our judgment, infringes the rights of others
or interferes with the ability of others to enjoy
this website.
Membership:
Webnabit
reserves the right to accept, decline or cancel
memberships in accordance with these Terms and
Conditions. By accepting these Terms and Conditions,
all Users give Webnabit the authority to include
information about them as an entry in its membership
database, and agree to fulfill their obligations
herein. Webnabit will be bound by these Terms
and Conditions only if such entries are included
in its database. The User and Webnabit are independent
parties.
User
Information:
The
Client agrees to provide complete, accurate, current
and honest information as requested. Clients’
entries will consist only of the information provided
to Webnabit by the Client listed on the Membership
Form or in any other manner.
User
Responses:
After
the User has been entered into the membership
database, Webnabit will send an email of notification.
Users agree not to dispense lead responses to
any other party(s), without express written consent
from Webnabit.
INTELLECTUAL
PROPERTY RIGHTS
Our Limited License to You:
This website is freely accessible; however we
don't intend to give up our rights, or anyone
else's rights, to the materials appearing on the
service. The materials available through this
website are the property of Webnabit and our affiliates
or licensors, and are protected by copyright,
trademark and other property laws. You are free
to display and print for your personal and non-commercial
use, information you receive through Webnabit.
You may not reproduce any of the materials without
the prior written consent of the owner. You may
not distribute copies of materials found on this
website in any form (including by email or other
electronic means) without prior written permission
from the owner. You are, however, free to encourage
others to access the information themselves on
our website and to tell them how to find it.
Your License to Us:
By submitting material to Webnabit, you are representing
that you are the owner of the material, and are
making your submission with the express consent
of the owner. By submitting material to any public
posting areas of this website, such as any rants
or raves, you agree that we (including our partners,
agents, affiliates and service providers (collectively,
"Third Party Providers"), may reproduce,
modify, and distribute such material as we see
fit in any medium and for any purpose.
You also agree that Webnabit, including our Third
Party Providers, may identify you as the author
of any of your postings by name, email address
or screen name as we see appropriate. We also
reserve the right (but assume no obligation) to
delete, move, or edit any postings that come to
our attention that we consider unacceptable or
inappropriate, whether for legal or any violation
of our terms.
Links:
Webnabit
welcomes links to our service. You are free to
establish a hypertext link to this site so long
as the link does not state or imply any sponsorship
of your site by us.
No Framing:
You may not frame, or in-line link, any of the
content of this website, or incorporate into another
website or other service any of our intellectual
property without our written consent.
Trademarks:
To avoid confusion as to which materials
and services are provided by Webnabit and which
aren't. You may not use any trademark or service
mark appearing on this website without the prior
written consent of the owner of the mark.
Third Party Software:
As a convenience to our members, Webnabit uses
third-party software for security purposes. Use
of the third-party software, implies its own terms
and conditions.
By
using any third party software, you acknowledge
and agree that Webnabit does not guarantee that
any software downloaded through this service will
be free of viruses, worms, or Trojan horses or
other forms of augmented or corrupt code. Webnabit
makes no warranties concerning the performance,
effectiveness or other aspects of third-party
software. In no event shall Webnabit (including
its officers, directors, employees, affiliates
and agents) be liable for claims of any nature,
whether direct or indirect, arising from or related
to any third-party software downloaded through
the Service.
Privacy
Policy:
We
value and respect all Users privacy. Please see
our Privacy
Policy
Copyright
Policy:
Information is distributed in the Webnabit community,
and when Users enter the site they become a part
of it. In order for all visitors to view listings
Webnabit needs the rights to make use of all content
on services (in accordance with and subject to
these Terms). Accordingly, as a condition to your
Membership, you hereby grant Webnabit a perpetual
and totally nonexclusive right to copy, display,
modify, transmit, and make derivative works of
any content provided by you, but solely for the
cause of creating a service. You remain the owner
of all content that you submit to the Service,
and as a condition to Membership, you represent
and warrant to Webnabit that you are the owner
of the copyright to Content you submit.
All the information, Content, image files, materials,
etc. offered by our site are protected by U.S.
and international copyright laws, and by other
applicable laws. Webnabit does not provide you
with permission to copy display or distribute
material for which you do not own the copyright,
and unless given permission user content is also
protected. You may not copy or distribute any
material without the written consent of the copyright
owner. Users are solely responsible for any copyright
violations that may incur as a result of activities
on the Service. Webnabit has the absolute right
to terminate your membership or exclude you from
the site if you use violate any third party rights.
Notice
of Copyright Infringement:
Please notify us by sending a notice by U.S. Mail
to Webnabit C/O Copyright Infringement, P.O. Box
2556, Suwanee, GA 30024 if you are an owner of
intellectual property who believes your intellectual
property has been improperly posted or distributed
via our website,. You should only send a written
notice if you believe that your work has been
used or copied in a manner that infringes your
intellectual property rights and such infringement
has occurred on this website.
DISCLAIMERS
We work hard to make this website a valuable place.
Webnabit cannot guarantee,that our users will
always find everything to their liking; nor could
we provide a free service if we were exposed to
substantial liability. Please read these Disclaimers
carefully before using this website.
Use at Your Own Risk:
The material on this website is for informational
purposes only. You may only use the material and
the services available through Webnabit for your
personal and non-commercial use. We try to ensure
that information we post to this site is both
timely and accurate, and that our services offered
are reliable. Despite our efforts, errors may
occur. Before you act on any information you've
found on our site, you should confirm any facts
that are important to your decision. IF YOU RELY
ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH
THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU
UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR
ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS
FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR
DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH
THIS WEBSITE.
Materials Submitted by Other Users:
Many of the business listings and other materials
available on this site are posted by third-party
advertisers. Webnabit cannot and does not review
every business listing or posting made in other
areas available for public postings. Nor do we
take steps to confirm the accuracy of any listings
or postings submitted by advertisers or other
third parties. You may well read any given listing
or posting before anyone at Webnabit does. Therefore,
we do not endorse or guarantee the accuracy of
any listing or posting.
Nabit
Points:
Nabit points are earned as you interact within
the Webnabit Community. Points add up as you earn
them in accordance to their current value specific
to the corresponding action. Points are subtracted
as they are used (exchanged) for other tangible
or non tangible items. These items can be service
or products offered through Webnabit Professional
promotions or from vendors outside the Community.
Exchange rate value and redemption processes may
be refined and can vary from vendor to vendor.
The displayed rate and valuation do not indicate,
by any means, that Webnabit, LLC is the exchanger
of these points and no monetary value is subject
for payment by the company for any reason.
No Endorsements:
Webnabit is not responsible for, and cannot guarantee
the quality, safety or performance of, goods and
services provided by our advertisers or by others
who advertise on sites we are linked to. A business
listing on our site does not constitute our endorsement
of the business featured in the listing or of
any product, or service offered through such business.
Also, a link to another website does not constitute
our endorsement of that site or of any product,
service or other material advertised on or offered
through such site.
Limited
Warranty:
Be Advised: ANY SERVICE AVAILABLE
THROUGH THE SITE IS PROVIDED ON AN "AS IS"
BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN
RISK.
Disclaimer
WEBNABIT DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WEBNABIT MAKES NO WARRANTY THAT (I) THE SITE OR
SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE, (II) THE SITE OR
SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS, OR (III) THE SERVICE, SITE
OR CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS.
WEBNABIT MAKES NO WARRANTIES OF ANY KIND WITH
RESPECT TO SOFTWARE, GOODS, SERVICES, PROMOTIONS,
OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES
THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH
WEBNABIT SITE OR THAT ARE ADVERTISED ON OUR SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT THE
USERS OWN RISK. USERS WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM ANY DOWNLOADED MATERIAL.
Limitations
of Liability:
Webnabit
will not be liable for any damages provided by
our online services or computer related problems.
Webnabit will never be responsible for loss of
revenue, advertising, business etc.
All
the Terms and Conditions shall be governed by
the State of Georgia. These Terms and Conditions
and the Membership Form supersede any other verbal
or written agreements regarding this Agreement.
Should there ever be a change in ownership this
agreement will still stand.
All
above provisions shall survive this Agreement.
YOU
EXPRESSLY ACKNOWLEDGE AND AGREE TO THE FULLEST
EXTENT PERMITTED UNDER LAW THAT WEBNABIT WILL
HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING
IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES
(INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA,
REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR
USE OF THE SITE OR THE SERVICE WEBNABIT PROVIDES
EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES
TO DAMAGES ARISING FROM (i) USE OR INABILITY TO
USE THE SERVICE (ii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES;
(iii) THIRD PARTY CONTENT AVAILABLE TROUGH WEBNABITS
SERVICE (iv) ANY OTHER MATTER RELATING TO THE
SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU. THIS WARRANTY PROVIDES YOU WITH SOME LEGAL
RIGHTES; HOWEVER SOME RIGHTS VARY DEPENDING ON
THE GOVERNING STATE.
USE
OF COMMUNICATIONS SERVICES
Webnabit provides a variety of services on this
website through which users can directly interact
with others, such as email services or reviews.
We want to encourage an open exchange of information
and ideas, but at the same time we want everyone
to be able to enjoy these interactive services.
Webnabit will not review private electronic messages
that are not addressed to us. However, we reserve
the right to do so and to use any other forms
of information available to us by virtue of your
use of our website (including, for example, reverse
IP address inquiry) in order to comply with the
law, to enforce our Code of Ethics, or to protect
the rights, property or safety of visitors to
our website, our customers, the public, or Webnabit
and its employees, agents, partners and affiliates.
We reserve the right to deny access to any service
to anyone who violates this Agreement or who,
in our judgment, interferes with the ability of
others to enjoy our website or infringes the rights
of others. Webnabit also reserve the right (but
assume no obligation) to delete, move, or edit
any postings that come to our attention that we
consider unacceptable or inappropriate, whether
for legal or any other reason.
We will comply with the requirements of the law
regarding disclosure of any messages to others,
and we may disclose messages in response to requests
from law enforcement agencies without prior notice
to the affected service user.
Specific
Prohibited Uses:
Without limiting the foregoing, Webnabit may immediately
terminate your use of any service if you engage
in any of the following prohibited activities:
Uploading, posting, emailing, transmitting or
otherwise making available any content that is
unlawful, harmful, threatening, abusive, libelous,
or obscene;
Impersonating any person or entity, or falsely
stating or otherwise misrepresenting your affiliation
with a person or entity;
Forging headers or otherwise manipulating identifiers
in a manner that disguises the origin of any content
you transmit through any communication service.
Uploading, posting, emailing, transmitting or
otherwise making available any content that you
do not have a right to make available under any
law or under any contractual or fiduciary relationship
(such as inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements).
Uploading, posting, emailing, transmitting or
otherwise making available any content that infringes
any patent, trademark, trade secret, copyright
or other proprietary right of any party.
Uploading, posting, emailing, transmitting or
otherwise making available any unsolicited or
unauthorized advertising, promotional materials,
or any other form of solicitation, without our
express written permission
Gathering for the purpose of "spamming"
any email addresses that users post in our public
posting areas.
Uploading, posting, emailing, transmitting or
otherwise making available any content or material
that contains software viruses, worms or any other
form of augmented code, files or programs designed
to interrupt, destroy or limit the functionality
of any computer software or hardware or equipment,
or to cause a security breach of such software,
hardware or equipment;
Uploading or posting any off-topic or irrelevant
material.
Interfering with or disrupting any servers or
networks used to provide the services, or disobeying
any requirements, procedures, policies or regulations
of the networks we use to provide these services
Violating any applicable local, state, national
or international law, including, but not limited
to all applicable laws regarding the transmission
of technical data exported from the United States
or the country in which you reside.
"Stalking" or otherwise harassing another
user or citizen.
Instigating or encouraging others to commit illegal
activities or cause injury or property damage
to any person or service.
Collecting or storing personal data about other
users or citizens.
Gaining unauthorized access to our website, or
any account, computer system, or network connected
to this website, by means such as hacking, password
mining or other illicit means; or
obtaining or attempting to obtain any materials
or information through any means not intentionally
made available through Webnabit services.
False
or Malicious Lead submission:
We will hold liable to the full extend of the
law any person or persons who transmit, or otherwise
submit any false or malicious lead to any and
all professional members of the Webnabit community.
In addition, because damages are often difficult
to quantify, if actual damages cannot be reasonably
calculated, then you agree to pay us liquidated
damages of $3 for each item of false or malicious
lead or bulk lead transmitted from, or otherwise
connected with, you or your affiliates. Otherwise
you agree to pay our actual damages, to the extent
such actual damages can be reasonably calculated.
Spam:
Webnabit has a zero tolerance policy, and will
immediately terminate any account which we believe
is being used to transmit, or is otherwise connected
with, any spam or other unsolicited bulk email.
In addition,if actual damages cannot be reasonably
calculated, then you agree to pay us liquidated
damages of $2 for each item of spam or unsolicited
bulk email transmitted from, or otherwise connected
with, your account.
Viruses:
Because of the volume of e-mail traffic through
Webnabit, we cannot and do not always monitor
all email messages and attachments. You acknowledge
and agree that such email messages may contain
viruses, worms or other harmful components. You
also acknowledge and agree that you are solely
responsible for screening the email messages and
attachments for viruses, worms, and other harmful
data.
Warranty:
The
User warrants that all information provided to
Webnabit is truthful and not misleading, or fraudulent.
The User is authorized to provide the services
set forth in the Membership Form; the User has
the right to use each copyright, trademark, trade
name, service mark or any other property in the
way it is used under this Agreement. Webnabit
makes no expressed or implied warranties or endorsements
with regards to any information we provide through
any medium.
Indemnification:
Webnabit
will not be involved in any daily business operations
with Users. The User agrees to pay any damages
or expenses incurred by Webnabit, including all
attorneys’ fees, resulting from claims brought
by the parties as a result of a breach of these
Terms contractual terms.
Webnabit
is never responsible for disagreements between
Users. Webnabit only provides the channel for
communication. Webnabit has no control over the
ability of users to purchase services or qualify
for any form of credit of financing. Webnabit
does not control over the Users transactions outside
of the organization. Webnabit does not guarantee
that business Users are who they claim to be.
All users of Webnabit have thorough abilities
to communicate before any business arrangements
are made. Webnabit and its agents are free from
any claims and/or damages in any way connected
with User disputes.
YOU
AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WEBNABIT,
(INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY
INFORMATION PROVIDERS TO THE SERVICE) FROM AND
AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS,
INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING
FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY
RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR
WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING
THE SERVICES USING YOUR ACCOUNT.
MISCELLANEOUS
Jurisdiction:
These Terms and Conditions have been made in and
shall be construed in accordance with the laws
of the State of Georgis.
Registration:
To obtain access to certain services on our site,
you may be given an opportunity to register with
us. You agree that you will register only if you
are 18 years or older. You agree that the information
you supply during that registration process will
be accurate and complete and that you will not
register under the name of, nor attempt to enter
the service under the name of, another person.
We reserve the right to reject or terminate any
user name that, in our judgment, we deem offensive.
You will be responsible for preserving the confidentiality
of your password and will notify us at info@webnabit.com
of any known or suspected unauthorized use of
your account.
Termination:
You agree and acknowledge that Webnabit may terminate
any membership, or use of service we see fit without
warning, and remove and discard any Content including,
but not limited to: any and all information, communications,
postings, image files or any other content within
the Site, at any time, without notice, for any
reason, including but not limited to:
a.Conduct violating these Terms or any other guidelines
set forth by Webnabit elsewhere.
b.Conduct that Webnabit believes is harmful to
other users, the business of Webnabit, or other
third party information providers.
c.Failure to continue to maintain your current
information; and or conduct that violates the
spirit of the previous terms.
Also
be advised that Webnabit is not held liable for
any user termination or third party termination
from its services.
Modification of Terms:
You agree that Webnabit reserves the right to
amend any of the set Terms at any time, for any
reason, and without notice. The amendable terms
also include the right to terminate the service
or any part of the service. Any amendments or
modifications made by Webnabit shall be prospective
only.
Entire Agreement:
These Terms constitute the entire agreement between
you and Webnabit and govern your use of the Service,
superseding any prior agreements between you and
Webnabit. In any case where inconsistencies are
apparent between these Terms and other forms of
media giving information about Webnabit (e.g.,
promotional materials and mailers), these Terms
will always supersede others. You may also be
subject to additional Terms and Conditions that
may apply when you use affiliate services, third-party
content or third-party software.
If Webnabit cannot govern any violation of terms
it is in no way a pardon. If any provision of
the Terms is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree
that the court should endeavor to give effect
to the parties' intentions as reflected in the
provision, and the other provisions of the Terms
remain in full force and effect.
You agree that regardless of any statute or law
to the contrary, any claim or cause arising out
of or related to use of Webnabit's services or
the Terms must be filed within one (1) year after
such claim or cause of action arose, otherwise
it will forever be barred.
Reporting Violations:
You can report abuse of these Terms to abuse@webnabit.com
Contact Us
Toll Free 1-866-99-NABIT (1-866-996-2248)
Email: info@webnait.com