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Terms and Conditions / Privacy Statement
PRIVACY STATEMENT Privacy Policy Statement
TERMS and CONDITIONS Legal Information GENERAL TERMS AND CONDITIONS INTRODUCTION AND TABLE OF CONTENTS
Welcome to the HolyDomains.com Network, owned and produced by HolyDomains.com, Inc. and its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as
"HolyDomains.com"). The HolyDomains.com Network currently consists of various web pages at or linked to the URLs www.HolyDomains.com.com 1. ACCEPTANCE By using the
Products and Services, you are agree, without limitation or
qualification, to be bound by, and to comply with, these Terms and
Conditions and any other posted guidelines or rules applicable to any
individual
HolyDomains.com
Network web site, Product or Service. All such
guidelines and rules are hereby incorporated by reference into the Terms
and Conditions. 3. REGISTRATION AND PRIVACY Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various HolyDomains.com Network registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HolyDomains.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HolyDomains.com has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services. All HolyDomains.com Network registrations become the exclusive property of HolyDomains.com, its affiliates and subsidiaries. HolyDomains.com reserves the right to use and reuse all registration and other personally identifiable user information subject to the HolyDomains.com Network Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in the HolyDomains.com Network Privacy Policy and at individual HolyDomains.com Network sites. 4. RESPONSIBILITY FOR MINORS In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE HolyDomains.com NETWORK MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS. 5. PARENTAL CONTROLS AND CHILD SAFETY Certain material available on the Internet is not appropriate for minors. To prevent or limit your children's access to such materials, a number of parental control protections ( such as computer hardware, software, or filtering services) are commercially available. 5a . MEMBER AND USER CONDUCT You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the HolyDomains.com Network, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. The HolyDomains.com Network does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and Agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the HolyDomains.com Network be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, HolyDomains.com does not pre-screen user or third party Content posted on the HolyDomains.com Network, except for certain areas where HolyDomains.com employs certain automated screening software, although HolyDomains.com reserves the right to do so. HolyDomains.com does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. HolyDomains.com reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by HolyDomains.com. The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. The intended purpose of site building software on the HolyDomains.com Network is to maintain, publish and produce web sites on the HolyDomains.com Network that are consistent with these terms and conditions. Prohibited Conduct You agree that you will not use HolyDomains.com Network Products and Services to:
6. LICENSE TO USER CONTENT With respect to any Content posted by or in connection with the Products and Services, you grant HolyDomains.com a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Products and Services and to publish and promote such Content elsewhere within the HolyDomains.com Network. Such license shall apply with respect to any form, media, or technology now known or later developed. Please read the entire Terms and Conditions as all HolyDomains.com Network properties, Products and Services are subject to these Terms and Conditions. 7. DISCLAIMER OF WARRANTIES THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, HolyDomains.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, HolyDomains.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. HolyDomains.com SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT HolyDomains.com DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. HolyDomains.com DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. HolyDomains.com DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. HolyDomains.com MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY HolyDomains.com. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. 8. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL HolyDomains.com OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF HolyDomains.com OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE HolyDomains.com NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHT THE HolyDomains.com NETWORK. FOR ALL CLAIMS RELATING TO QUOTE.COM'S PERFORMANCE OR NONPERFORMANCE UNDER THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS FOR FAILURE OF THE SYSTEM TO OPERATE, IN NO EVENT SHALL THE LIABILITY OF HolyDomains.com, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE FEE, IF ANY PAID BY THE USER FOR THE SYSTEM. UNDER NO CIRCUMSTANCES SHALL HolyDomains.com OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you. 9. REMOVAL OF LINKS The HolyDomains.com Network occasionally receives requests from people to remove links from the HolyDomains.com Network search services. Although the HolyDomains.com Network reserves the right to address such requests individually, the general approach that the HolyDomains.com Network takes reflects the following principles: The catalogs and databases used in connection with the HolyDomains.com Network search services consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, the HolyDomains.com Network cannot and does not screen anything made available through the HolyDomains.com Network search services' catalogs and databases. In other instances, the HolyDomains.com Network makes available directories, indices, and references consisting of content that has been identified, indexed, and compiled by humans. Furthermore, some of the catalogs and databases that can be searched in the HolyDomains.com Network are compiled by third parties through automated processes. However, if the operator of the site does not take steps to prevent it (i.e. make use of the Robots.txt file or Robots Meta tags), the automatic facilities used to create the catalogs and databases are likely to find it and index it again in a relatively short amount of time. 10. DISCLAIMER REGARDING THIRD PARTY CONTENT The HolyDomains.com Network offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites displayed as search results or contained within a directory of links, HolyDomains.com has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on the HolyDomains.com Network or provided to the HolyDomains.com Network by third parties, HolyDomains.com may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through the HolyDomains.com Network from such sources is developed by people over whom the HolyDomains.com Network exercises no control. The search results that appear from the catalogs indexed by the HolyDomains.com Network's spiders or web robots are automated, and the HolyDomains.com Network cannot and does not screen the sites before including them in the catalogs from which such automated search results are gathered. Similarly, web pages hosted by the HolyDomains.com Network are posted by third parties, and, with the exception of certain automated screening functions, HolyDomains.com cannot and does not screen such web pages before they are made accessible to other users of the HolyDomains.com Network. Accordingly, neither the HolyDomains.com Network nor its licensors assume any responsibility for the content of any site included in any search results or otherwise linked to the HolyDomains.com Network web sites or in any web page hosted for a third party within the HolyDomains.com Network. In instances where the HolyDomains.com Network does review the sites that are displayed in directories, indices, and/or references, or where the HolyDomains.com Network makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by HolyDomains.com, if any, is narrowly limited to that which is necessary for compiling the particular set of links. 11. OPEN DIRECTORY DISCLAIMER The HolyDomains.com Network makes available certain content through the Open Directory. The directories, and the underlying content, are created entirely by other parties and are solely the responsibility of such other parties. Consequently, HolyDomains.com cannot, and does not, represent or warrant the reliability, accuracy, and truthfulness of that content. Although periodically HolyDomains.com may attempt to verify the accuracy of information in the Open Directory, neither the HolyDomains.com Network nor its agents shall be held liable for any technical inaccuracies, typographical errors or inaccuracies in the links or any information in the Open Directory. In addition, the HolyDomains.com Network has no control over whether that content is of a nature that users will find inoffensive, tasteful and otherwise acceptable. The HolyDomains.com Network has NO responsibility for such content; rather, it is merely providing access to such content as a service to you. Just as when you purchase a product or service in any setting, you should exercise appropriate discretion, good judgment and caution in accessing content on the Open Directory and in taking any actions based upon that content. You bear all risk associated with any content that you access. Your accessing of any content through the Open Directory service is subject to your agreement to these Terms and Conditions. If you proceed to use the Open Directory, you thereby agree to be bound by these Terms and Conditions. The disclaimer of warranties and limitation of liability set forth in capitalized letters above apply to the Open Directory. 12. ADVERTISERS AND CONTENT LINKED TO THE HolyDomains.com NETWORK HolyDomains.com may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave the HolyDomains.com Network to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. HolyDomains.com has no control over such sites and resources. You acknowledge and agree that HolyDomains.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HolyDomains.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the HolyDomains.com Network Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that HolyDomains.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services. HolyDomains.com encourages you to exercise discretion while using the Products and Services to browse the Internet. HolyDomains.com may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. HolyDomains.com makes no representations concerning any effort to review the content of any of the sites listed in automated search results, Web Guides or other directories, or of any of the sites otherwise linked to the HolyDomains.com Network web sites. HolyDomains.com shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in the HolyDomains.com Network' search results or otherwise linked to the HolyDomains.com Network web sites or provided to the HolyDomains.com Network by third parties. 13. NO LICENSE; INTELLECTUAL PROPERTY OF HolyDomains.com AND OTHERS Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of the HolyDomains.com Network's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the HolyDomains.com Network and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of HolyDomains.com and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by HolyDomains.com in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by HolyDomains.com, any of HolyDomains.com' affiliates, or any of HolyDomains.com' service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the HolyDomains.com Network of any purpose other than the purpose for which such Content is made available to users by HolyDomains.com. You agree not to defame or disparage HolyDomains.com, the trademarks or service marks of HolyDomains.com, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or the HolyDomains.com Network. 14. INDEMNITY AND RELEASE By using the HolyDomains.com Network web sites you agree to indemnify HolyDomains.com, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the HolyDomains.com Network web sites, your use of the Products and Services, or your submission of ideas and/or related materials to HolyDomains.com or from any person's use of any account or password you maintain with any portion of the HolyDomains.com Network, regardless of whether such use is authorized by you. By using the HolyDomains.com Network, using the Products and Services, or submitting any ideas and/or related materials to HolyDomains.com, you are hereby agreeing to release HolyDomains.com and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to HolyDomains.com. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." 15. LIMITATION OF ACTIONS You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the HolyDomains.com Network or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred. 16. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of California applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Orange, California, and judgment on the arbitration award may be entered into in any state or federal court in California having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in California having jurisdiction thereof. Except as set forth above, the state and federal courts of California shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in California with respect to all such disputes. 17. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES The HolyDomains.com Network reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. The HolyDomains.com Network reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes. 18. MERGER These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between HolyDomains.com' representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual HolyDomains.com Network web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found. 19. NON-WAIVER AND SEPARABILITY HolyDomains.com' failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions 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 agree that the other provisions of these Terms and Conditions remain in full force and effect. 20. RELATIONSHIP OF PARTIES You acknowledge and agree that you and HolyDomains.com are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other. 21. NO RESALE, ASSIGNMENT, OR SUBLICENSING You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of HolyDomains.com. 22. SUCCESSORS AND ASSIGNS Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. 23. TERMINATION; SURVIVAL These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by HolyDomains.com. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions. 24. COMMUNICATIONS WITH USERS You consent to receive communications from HolyDomains.com concerning your use of the Products and Services ("Communications"). The Communications may be those that HolyDomains.com is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that HolyDomains.com sends to you for other reasons. You consent to receive Communications electronically. HolyDomains.com may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on the HolyDomains.com Network. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which HolyDomains.com sends Communications by visiting your account information page. For a period of 120 days from the date that HolyDomains.com first provided a Required Communication to you in electronic form, you may request a paper copy of such Required Communication by sending a request to HolyDomains.com, Inc., 1442 E. Lincoln Ave, Suite 338, Orange, CA 92865, Attention: Customer Service (the "Customer Service Address"). HolyDomains.com may charge a reasonable fee for providing paper copies. You may, without payment of special fees, withdraw your consent to receive Required Communications electronically by sending a notice to the Customer Service Address that identifies your full name, user name and postal mailing address. However, if you withdraw such consent, then HolyDomains.com reserves the right to terminate your right to use the Products and Services, including, without limitation, by terminating your account and any subscription services that you may have. In order to receive Required Communications, you must provide HolyDomains.com, upon registration with the HolyDomains.com Network, a valid email address to which HolyDomains.com may send electronic mail. Your computer must also have a modem or other means of Internet access, an Internet browser such as Internet Explorer version 5.x or above or Netscape Navigator version 6.x or above, email communications software capable of receiving and storing electronic mail, and a printer, if you wish, for printing electronic communications. HolyDomains.com will provide notice of any changes to these requirements. 25. SUBMISSIONS OF IDEAS The HolyDomains.com Network is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to the HolyDomains.com Network, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO HolyDomains.com BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO HolyDomains.com, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO HolyDomains.com THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT HolyDomains.com IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY HolyDomains.com, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. 26. EXPORT CONTROLS Certain software, and related documentation or technical information, available through the HolyDomains.com Network is subject to applicable laws and regulations of the United States pertaining to export controls. By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the U.S. Department of Commerce's Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions. 27. VIOLATIONS OF TERMS AND CONDITIONS Should you violate these Terms and Conditions or any other rights of HolyDomains.com and the HolyDomains.com Network, HolyDomains.com reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the HolyDomains.com Network web sites.
If you are aware of any violations of these Terms and Conditions, please report them to:
HolyDomains.com Network Abuse Manager 1442 E. Lincoln Ave, Suite 338, Orange, CA 92865
Email Address: abuse@HolyDomains.com
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Copyright 2003, 2004
HolyDomains.com. HolyDomains.com is a division of The Harper
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