Terms of Service
Last Updated on 7nd February 2012
ONBILE offers you online products and services, including general and personalized content, communication tools and online and downloadable applications on the following terms.
By using the Service in any way you are agreeing to comply with these terms and conditions of this agreement with ONBILE, LLC., which we may update without notice and encourage you to check out here at any time.
You must be at least 18 years old and competent to enter into a contract to use the Service.
Welcome to www.onbile.com. Please read these Terms of Service carefully before using this website, and check them periodically for changes.
ANY USE OF THIS WEBSITE OR OTHER RELATED WEBSITES, TOOLBARS, WIDGETS, APPLICATIONS OR DISTRIBUTION CHANNELS WE MAY OPERATE FROM, OR THE SERVICES AVAILABLE ON THE SITE, IS SUBJECT TO AND CONDITIONED UPON ASSENT TO AND COMPLIANCE WITH ALL OF THESE TERMS OF SERVICE. PORTIONS OF THE SERVICE MAY BE SUBJECT TO OTHER TERMS AND CONDITIONS AND YOUR USE OF SUCH SERVICES IS SUBJECT TO AND CONDITIONED UPON YOUR ACCEPTANCE OF SUCH ADDITIONAL TERMS AND CONDITIONS.
BY ACCESSING THE SITE AND THE SERVICE, YOU CONFIRM AND ACKNOWLEDGE THAT YOU HAVE (I) READ THIS AGREEMENT AND THAT YOU UNDERSTAND ITS CONTENT, AND (II) THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT. THE AGREEMENT IS BETWEEN YOU AND ONBILE, LLC.
We may change the terms of this Agreement at any time and in our sole discretion, upon posting notice on the Site. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access the Site or the Service.
You agree that the Services, which includes all software and documentation, both electronic or printed media, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property. The Services are the proprietary property of ONBILE, LLC. They are protected by copyright, trade secret, and patent laws, and other proprietary rights and laws, and they may nly be used or accessed as specifically provided for in this Agreement.
You agree that you will not copy, display, distribute, lease, loan, modify, rent, reverse assemble, reverse engineer, sell, store, transfer, transmit or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services, create derivative works based on or in any manner commercially exploit the Services, in whole or in part.
You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the law in the federal and state courts located in New York.
The Services are offered on an "as is" basis and used by the User solely at his or her own risk. All user-specific information provided by user in connection with Services shall be used to provide services and features to the user and to maintain the associated websites.
We provide mobile website solutions for existing internet websites. You may use the Services for your personal and business use or for internal business purpose in the organization that you represent, as long as you are in compliance with all provisions of this Agreement. In providing the Service, we obtain and rely on certain information from third parties and third party software and applications. We cannot guarantee the accuracy or completeness of such data.
We do not claim ownership of the Content you place on your website or Content submitted by your mobile website. By submitting Content to us for inclusion on your mobile website, you grant us a world-wide, oyalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your mobile website, and storing it on our servers. This license exists only for as long as you continue to be our customer and shall be terminated upon receiving written notice from you. You acknowledge that we do not pre-screen Content, however, we reserve the right in our sole discretion to refuse or remove any Content that is available to third parties via the Service. Without limiting the foregoing, we shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
In connection with your use of the Site or the Service, you may be made aware of services, products, offers and promotions provided by third parties. If you decide to use such third party services, you are responsible for reviewing and understanding the terms and conditions governing such services, and acknowledge that the third party is responsible for the performance of such services.
Any downloads of software from the Site or from authorized third party websites, which enable you to access and use the Service, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software, that is licensed to you by us or third-party licensors for your personal, noncommercial use only. You shall keep intact all copyright and other proprietary notices and your use of such Software is strictly subject to the terms of this Agreement and any agreement accompanying the Software.
It is your obligation to ensure that you fully comply with all applicable laws, regulations and directives with regard to the use of the Site and the Service. For the avoidance of doubt, the ability to access our Site or the Service does not necessarily mean that your use thereto are legal under relevant laws, regulations and directives.
- User Conduct and Acceptable Use
You may access and use the Site and Service only for its purposes as intended by the normal functionality of the Site and Service, as long as you are in compliance with all provisions of this Agreement. In connection with your use of the Site and the Service, you agree to abide by all applicable local, state, national and international laws and regulations and not, nor allow or facilitate a third party to, violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others, our policies or the operational or security mechanisms of the Service, and without limiting the foregoing you may not:
- Use the Site, the Service, or any content, services, features, data, information, text, images, photographs, graphics, scripts, sounds, video, music, sound recordings, programming, logos, trademarks, service marks, HTML code, compilation of content, format, design, user interface and software made available through or which appears on the Site or Service ("Content") to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Interfere with the access, use or enjoyment of this Site or the Service by others (including without limitation causing greater demand on the Service than is deemed by us reasonable, attacks such as "flaming" other participants in a manner that might incite or perpetuate a conflict or argument, and creating usernames to attack other participants' identities); harass or defame others; or promote hatred towards any group of people.
- Harvest or otherwise collect non-public information about another user obtained through the Site or the Service (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information.
- Add a Site member to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the internet.
- Use any Content except for the intended purposes of the Service and Site, subject always to the terms of this Agreement. You may not display, import or export feedback information relating to the Site or use it for purposes unrelated to the Service without our prior written consent.
- Alter, modify, delete, forge, frame, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise any part of the Site, the Service, any Content, or features.
- Access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Service.
- Decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site or the Service except if and to the extent permitted by applicable law.
- Copy, distribute, transmit, broadcast, publicly display, publicly perform, rent or sell any portion of the Service, the Site or the Content.
- Use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to monitor or scrap information from this Site or the Service, or bypass any robot exclusion request (either on headers or anywhere else on the Site).
- Fail to deliver timely payment for your purchases.
- Use any meta tags or any other "hidden text" utilizing any trademarks or intellectual property owned or licensed by us.
- Create or provide any other means through which the Service may be accessed, for example, through server emulators, whether for profit or not.
- 'Deep-link', redistribute or facilitate the redistribution of Content.
- Abuse or use any other means to affect or manipulate the Service in general or the prices quoted through the Service.
We are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any Content, other than Content provided by us.
ONBILE does not allow any of the following content, or links to such content, to be published on the Service:
- Content of a pornographic, sexually explicit, or violent nature.
- Content of an illegal nature (including stolen copyrighted material).
- Pirated software sites, including cracking programs or cracking program archives.
- Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.
Users posting any of the above content on their sites will be notified using User's current email address on file, and given a 48 hour grace period to make any corrective actions. If no corrective actions are taken, ONBILE will suspend the services of the member account until a resolution is met between ONBILE, LLC. and the User. A repeated violation of this Policy may cause cancellation of service without refund of any fees.
In addition, ONBILE does not allow any of the following:
- Users may not use the Service as a remote storage server only.
- Users may not access the Service through automated methods. Use of robots or other computer code which calls the Service, except where explicitly allowed, is absolutely forbidden.
- Users may not upload individual files larger than 20MB. ONBILE reserves the right to refuse to host any downloadable file.
- Users may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Service.
Users are not permitted to knowingly allow another website or hosting server to link to content files stored on ONBILE's servers. Users deemed to be using ONBILE solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed.
The final choice of whether an account is in violation of any of these policies is at the sole discretion of ONBILE, LLC.
Violation of any of these policies may result in tracking information being stored to identify the offending user, and permanent restriction from holding an account on the Service.
- User Conduct and Acceptable Use
Registration and Account Management.
Some functions of the Service require registration, and as part of the process you will be requested to provide certain information, including among others, first name, last name, email address, company name, field of business and website URL ("Registration Data") You agree to:
- Provide true, accurate, current and complete Registration Data as prompted by the registration process.
- Maintain and promptly update the Registration Data to keep it accurate, current and complete.
- Maintain the security and confidentiality of your password and any other security or access information used by you to access the Site or Services.
- Ensure that you log out of the Service at the end of each session using the Service.
- Refrain from transferring your user account on the Service to any other party without our prior written consent.
- Refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other Registration Data.
- Immediately notify us in writing if you become aware of any loss, theft or use by any other person or entity of any of your Registration Data in connection with the Site or the Service or any other breach of security that you become aware of involving or relating to the Site.
We assume that any communications and other activities through use of your Registration Data were sent or authorized by you, and you are fully responsible for all activities that occur under your Registration Data.
We may, in our sole discretion and without notice or liability to you or any third party, immediately suspend or terminate your account and refuse any and all current or future access to and use of the Service (or any portion thereof). Grounds for such termination may include, but are not limited to, extended periods of inactivity, loss, theft or unauthorized use of your Registration Data, violation of the letter or spirit of this Agreement, providing content including without limitation Registration Data that is inappropriate or offensive in our discretion, or if we have reasonable grounds to suspect any of the Registration Data that you provided is inaccurate, not current or incomplete.
You declare that by providing your Registration Data to us, you hereby consent to, us sending, and you receiving, by means of telephone, facsimile, SMS or e-mail, communications containing content of a commercial nature relating to your use of the Site, the Service and related services, including further information and offers from us that we believe you may find useful or interesting, such as newsletters, marketing or promotional materials. You acknowledge that we do not have to obtain your prior consent (whether written or oral) before sending such communications to you, provided that we shall immediately cease to send any such further communications should you notify us in writing that you do not wish to receive such commercial content anymore.
Contract of Service and Fees
User agrees to either a one (1) month or twelve (12) month contract agreement with ONBILE. User can opt to upgrade or downgrade their service agreement to any other contract agreement that ONBILE is currently offering for sale at any time during User's contract term. In the event of a contract downgrade, a discount credit will be issued to User's ONBILE account for the difference in the cost of the two contracts over the remainder of the User's original contract term. This credit can be applied to future months of service with ONBILE, and is in no way transferable to a cash refund.
At the end of the contract term, the contract will automatically renew indefinitely until explicitly cancelled by the User. Cancellation must be issued via the User's website Manager interface or via ONBILE's support addresses. Any cancellation issued via the customer's website Manager interface must be done at least one (1) day prior to the end of the contract term. Any cancellation not issued via the website Manager interface must be done seven (7) days prior to the end of the contract term to allow for adequate processing time.
- Taxes, Payments and Refund Policy.
ONBILE, LLC. shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from or by the User or through the ONBILE, LLC. services. The User takes full responsibility for all taxes and fees of any nature associated with Services used or products purchased.
ONBILE will not, under any circumstances, issue cash refunds for early contract cancellation. All ONBILE accounts can begin with a free trial which will allow you to evaluate the service, and subsequently ONBILE will be able to insert advertising on your "free mobile website". No credit card information is collected to initiate a trial account, and charges will only be applied after explicit account purchase via the account Billing area. At this moment, you will acquire your mobile site without ads. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount.
ONBILE, LLC. has a zero tolerance policy for charge backs. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
- Temporary Use License Granted
Only for the duration of being logged into the User's valid ONBILE account, the User is hereby granted a non-exclusive, non-transferable temporary license, subject to the terms and qualifications of this Agreement, to use the Services only on the single computer that temporarily accesses the Services directly from the ONBILE, LLC. website.
A valid ONBILE account may only be created and maintained by a User who fully provides valid personal information about the User in the signup process. To maintain a valid account, the User must regularly update such information to assure its accuracy, and the User must always comply with the terms of this Agreement.
The User is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.
- Products and Services
ONBILE, LLC and its Partners provide Services on an "as is" basis. We shall make no effort to validate any information provided by the User for use with Services for content, correctness or usability.
Use of ONBILE, LLC. services requires a certain level of knowledge in the use the Internet and World Wide Web. The User is required to have the necessary knowledge to use the Internet and the World Wide Web. It is not the responsibility of ONBILE, LLC. to provide free support for the User in the use and operation of ONBILE, LLC.
Only services and features clearly indicated as "free" or "no charge" are free or without charge. All other applications, features, functionality and support provided by ONBILE, LLC. and its partners are provided for a fee and the User is liable for such fees.
The User may NOT:
- Rent or lease or provide the Services (including any software or documentation used by or with the service) to third parties.
- Decompile, disassemble, reverse engineer, copy, create a derivative work, or display the Software code in human readable form, or otherwise use the Services (which includes its software and documentation) except as explicitly provided for in this agreement.
- Store, publish, or give the Services (including software and documentation) to others, or otherwise enable its use by others.
- ONBILE Etiquette and Privacy
Social network or electronic forums such as mail distribution lists and news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution.
The network resources of the ONBILE, LLC. may not be used to impersonate another person or misrepresent authorization to act on behalf of others or ONBILE, LLC.
All messages transmitted via ONBILE, LLC. should correctly identify the sender; Users may not alter the attribution of origin in electronic mail messages or posting.
All users shall not attempt to undermine the security or integrity of computing systems or networks of ONBILE, LLC., its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access.
ONBILE reserves the right to terminate any account that does not include a valid email address on file. This email address must be stored in the profile for the administrative account within User's website on the ONBILE system.
- Age and Nature of the User
The User certifies that he or she is a person at least 18 years of age. The Services may not be used by any automated device or automated computational machine, and may only be used or accessed through an electronic device under the manual control of User at all times.
This Service may be terminated by either party, without cause, by giving the other party 7 days written notice.
Notwithstanding the above, ONBILE, LLC. may terminate Services at any time, without penalty and without notice, if the User fails to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services. ONBILE, LLC. may also seek legal prosecution of any violations of law or this Agreement and the User agrees to personal jurisdiction by the Courts in the State of New York.
Upon notice of termination of Services by ONBILE, LLC. to User via contact e-mail to User's Services account and contact e-mail account provided in User's personal information, or voluntary termination of service by User, ONBILE, LLC. has the right to delete all data, files, or other information that is stored in the User's account for any reason.
- Taxes, Payments and Refund Policy.
You acknowledge that the Service and Content, including without limitation the Software, the trademarks, service marks and logos contained on the Site, are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to the Content, the Site and the Service are reserved by us and out licensors.
You acknowledge that the Content, including without limitation Marks, are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual Content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to the Content, the Site and the Service not expressly granted herein are reserved.
If you have a dispute with one or more users of the Site or the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "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 if known by him must have materially affected his settlement with the debtor."
Links to Other Websites.
Links to this Site.
Subject to the terms of this Agreement and as long as this Agreement is not terminated, we grant to you, a nonexclusive, non-transferable, non-sublicensable right to display on your website a link to the Site's homepage, as long as your use is not misleading, illegal or defamatory, or your website is not obscene, pornographic, inappropriate or illegal. You may display the logo only in the form and size provided to you. You may not use the logo in any way that suggests that we endorses or sponsors your site, or that tarnishes, blurs or dilutes the quality of our trademarks or any associated goodwill, including without limitation displaying the logo on any page that contains infringing, misleading or illegal content. All use of and goodwill associated with the logo shall inure to our benefit.
Any material, including without limitation, idea, knowledge, technique, marketing plan, information, questions, answers, suggestions, emails and comments, provided by you to us shall not be considered confidential or of a proprietary nature. In providing us with material, you authorize us to use it and any developments or derivatives thereto, according to our needs as determined in our sole discretion, including for public relations and promotion of the Site and the Service in the online and offline media, and all without requirement of any additional permission from you or the payment of any compensation to you.
Disclaimers of all Warranties.
THE CONTENT, THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM 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.
WITHOUT LIMITING THE ABOVE, (I) WE MAKE NO WARRANTY THAT THE SITE, THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABILE; (II) WE DO NO ENDORSE OR APPROVE ANY CONTENT PROVIDED BY ANY PARTY THAN US AND DISCLAIM ALL LIABLITY WHATSOEVER THERETO; AND (III) WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE, THE SERVICE OR THE CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, RESULTS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE.
Limitation of Liability and Indemnification.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS SITE OR THE SERVICE (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS SITE OR THE SERVICE), (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS SITE OR YOUR WEBSITE OR MOBILE WEBSITE, INCULDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, whether based on contract, tort, negligence, strict liability or otherwise. All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between us and you. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in connection with the Site, the Service, the Content or the Agreement must be filed within thirty (30) days after such claim or cause of action arose or be forever barred.
In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that our aggregate liability shall not exceed amount paid by you to us pursuant to this Agreement.
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL CLAIMS, LIABILITIES, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED) RELATED TO IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THIS SITE, THE SERVICE OR THE CONTENT, OR (II) YOUR VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT OR ANY APPLICABLE LAWS OR REGULATIONS. We will provide you with written notice of such claim. You will not enter into any settlement or compromise of any such claim without our prior written consent. We may assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim.
If you choose, you may contribute website themes ("Custom Themes") to the Service for use by other users. You hereby grant and agree to grant to us an exclusive, perpetual, sublicensable, worldwide, irrevocable, royalty-free right and license to use, copy, modify, and create derivative works of any Custom Theme contributed by you to the Service, including the HTML code and media assets therefor.
Governing Law and Exclusive Courts.
This Agreement will be governed by laws of the State of Delaware without regard to its choice of law or conflicts of law principles. The parties consent to the exclusive jurisdiction and venue in the courts in Delaware, USA, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. You agree that no joint venture, partnership, employment, franchise or agency relationship exists between you and us as a result of the use of the Site or the Service. This Agreement comprises the entire agreement between you and us, states our and our suppliers' entire liability and your exclusive remedy with respect to the Site and Service, and supersedes all prior agreements pertaining to the subject matter thereof. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section titles in this Agreement are solely used for the convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement.
Copyright © 2012, ONBILE, LLC. All rights reserved.