Terms of Service

 

By subscribing to the EasyMadeWeb service by FullPace Web Solutions, you are agreeing to abide by the Terms of Service below. For purposes of these Terms of Service, FullPace Web Solutions (“FULLPACE”) is defined as all web sites and web pages that have been built, have been maintained or are currently being maintained by software produced, controlled and/or operated by dSoft Development Inc. (“dSoft”). This includes web sites built or maintained by FullPace Web Solutions.  In addition, FullPace refers to all software, web hosting services and other services used to produce and maintain web sites and web pages for subscribers of EasyMadeWeb. “You," "your," and "Customer" mean the person, company, or business that subscribes to FULLPACE. "We," "our," "us," and "dSoft" refer to dSoft Development, Inc. and its subsidiaries and affiliates including FullPace Web Solutions and EasyMadeWeb.com.

 

We've created these rules and guidelines to protect you and to ensure that FullPace promotes a safe and family oriented environment for everybody. This way, should someone produce a web site that contains bad, offending or harassing language, obscene images, or is involved in illegal or suspicious activities, we are able to do something about it. If you encounter any subscriber of FullPace who isn't abiding by these rules, please “write to us”. By agreeing to these terms, you're taking responsibility for your own actions.

 

1. Acceptance of Terms of Service

 

By subscribing to FullPace you are agreeing to comply with these terms, which we may update without notice and encourage you to check out here at any time. If you do not agree to these Terms of Service, please do not subscribe to or enter FullPace. The Terms of Service for your continued use of FULLPACE will be available throughout FULLPACE. Please check these areas before using FULLPACE to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your subscription with FULLPACE immediately (i) by notifying dSoft of your unwillingness to accept the changes to the Terms of Service; and (ii) by discontinuing your use of FULLPACE. Your continued use of FULLPACE will signify your acceptance of any change in the terms and conditions set forth herein.

 

You must be at least 18 years old and competent to enter into a contract to use EWM. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the files and applications available on the domain www.easymadweb.com, its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains operated by dSoft.

 

From time to time dSoft may supplement these Terms of Service with additional terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on FULLPACE to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.

 

2. Subscription Information/Privacy Policy

 

You will provide accurate and current information on all subscription forms on FULLPACE. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any content distributed through FULLPACE.

 

dSoft reserves the right to terminate your FULLPACE subscription and remove your FULLPACE website(s) if dSoft learns that you have provided dSoft with false or misleading subscription information.

 

We take your privacy seriously. Please view our comprehensive privacy policy. When you enter into transactions with or provide information to other companies providing content to FULLPACE, you will be subject to their privacy policies. 

 

3. Termination

 

dSoft  reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your subscription(s) with or ability to access FULLPACE and/or any other service provided to you by dSoft  including any e-mail account upon any breach by you of the Terms of Service.

 

4. Modifications of these Terms of Service

 

 dSoft may modify these Terms of Service from time to time in its sole discretion. Each time you use FULLPACE, you will be deemed to have accepted any such changes. In the event we modify these Terms of Service, we reserve the right (at dSoft’s discretion) to provide you notice of such changes to your FULLPACE e-mail account, any other e-mail address you have provided to dSoft, or post office address you have provided to dSoft.

 

5. Modifications of EasyMadeWeb

 

dSoft may modify or discontinue the FULLPACE software or web hosting with or without notice to you and without liability to you or any third party.

 

6. Subscription and Password

 

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your subscription, whether or not authorized by you. You agree to immediately notify dSoft of any unauthorized use of your subscription or password.

 

7. Use of Images

 

Subscribing to EasyMadeWeb will provide you access to numerous images or files for use on the web site(s) you build using the FULLPACE software. An image or file includes photos, banners, Flash, audio, illustrations or other file types offered by FULLPACE to place on web sites. All images and file types that are available on the EasyMadeWeb site or through the EasyMadeWeb administration software can only be used to assist in creating and maintaining your web site(s) produced and maintained by EasyMadeWeb. Any other use of these images or file types is strictly forbidden. This does not apply to images or file types supplied by you. It is your responsibility to make sure any images or file types supplied by you are in full compliance of all copyright laws before using on web sites produced by FULLPACE software.

 

 

8. Conduct

 

You are responsible for any content that you publish, post or transmit on or through FULLPACE. You will not use FULLPACE to distribute, link to, or solicit content that:

 

  • is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive; 

 

  • includes personally identifiable information about children; 

 

  • infringes someone else's intellectual property or other rights; 

 

  • advocates or solicits violence or other criminal conduct;

 

  • violates any law, regulation, or contract; 

 

  • promotes participation in multi-level or pyramid marketing initiatives; 

 

  • constitutes a raffle, sweepstakes, lottery, or any other form of gambling; 

 

  • specifically advertises firearms or ammunition, tobacco, alcohol, pornography, or any other product or service that is illegal in Oklahoma, or the domicile of either the distributor or recipient;

 

  • constitutes unsolicited or unauthorized advertising, junk or bulk e-mail, chain letters, or any other unsolicited commercial communication, except as dSoft specifically authorizes; 

 

  • contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment. 

 

You will comply with all applicable laws and regulations regarding online conduct and content. You will not use FULLPACE to collect, store, or use information about others for the purpose of sending unsolicited or unauthorized communications. Except as we specifically authorize (via license or otherwise), you will not reproduce, distribute, or commercially exploit any part of FULLPACE.

 

9. DISCLAIMER OF WARRANTIES

 

YOU EXPRESSLY AGREE THAT USE OF THE FULLPACE IS AT YOUR SOLE            RISK. THE FULLPACE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. dSOFT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

 

dSOFT MAKES NO WARRANTY THAT FULLPACE WILL MEET YOUR REQUIREMENTS, OR THAT FULLPACE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES dSOFT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FULLPACE. dSOFT WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF FULLPACE.

 

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FULLPACE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

 

YOU UNDERSTAND AND AGREE THAT dSOFT DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH FULLPACE. dSOFT IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS POVIDED WITH THE UNDERSTANDING THAT NEITHER dSOFT NOR ITS SUBSCRIBERS, WHILE SUCH SUBSCRIBERS ARE PARTICIPATING IN FULLPACE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. dSOFT ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

 

dSOFT SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN FULLPACE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM dSOFT OR THROUGH FULLPACE, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

DSOFT MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH FULLPACE OR ANY TRANSACTIONS ENTERED INTO THROUGH FULLPACE.

 

dSOFT IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE dSOFT’s SITE. As a convenience to our members, we may provide links to resources that are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against dSOFT with respect to such sites.

 

 

 

 

10. LIMITATION OF LIABILITY

 

dSOFT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE FULLPACE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH FULLPACE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF dSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

11. E-Mail Message Storage

 

dSoft assumes no responsibility for the deletion of or failure to store e-mail messages.

 

 

12. Promotional Messages

 

dSoft and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. dSoft makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither dSoft nor such third party shall have any liability with respect thereto.

 

13. Indemnification

 

You agree to indemnify and hold each of dSoft, their parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of FULLPACE, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.

 

14. Applicable Law

 

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Oklahoma, without giving effect to its conflicts of laws provisions. By registering for or entering FULLPACE, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Oklahoma City, Oklahoma.

 

15. Remedies for Breach of these Terms by You

 

In the event that dSoft determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of FULLPACE, dSoft reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to FULLPACE; (iii) delete all content provided by you to FULLPACE; (iv) discontinue your                  subscription(s) with FULLPACE and/or any other dSoft community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which dSoft deems to be appropriate.

 

If your subscriptions(s) with or ability to access FULLPACE, any other dSoft community and/or any other service provided to you by dSoft is discontinued by dSoft due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of FULLPACE, then you agree that you shall not attempt to re-subscribe with or access FULLPACE, any other dSoft community and/or any other service provided by dSoft, through use of a different name or otherwise. In the event that you violate the immediately preceding sentence, dSoft reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (ii), (iii), (iv), (v) and (vi) above without any notice or warning to you.

 

16. Miscellaneous

 

In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.

 

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

 

dSoft may assign its rights and obligations under these Terms of Service and upon such assignment dSoft may be relieved of any further obligation hereunder.

 

These Terms of Service and any Additional Terms (as such terms shall be identified when posted on FULLPACE by dSoft) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of dSoft, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.