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TOS 1.
DESCRIPTION OF SERVICE
E4L.BIZ currently provides users
including affiliates with access
to a rich collection of
resources, including, various
communications tools, forums,
shopping services, personalized
content and branded programming
through its network (the
"Service"). You also understand
and agree that the Service may
include advertisements and that
these advertisements are
necessary for E4L.BIZ to provide
the Service. You also understand
and agree that the service may
include certain communications
from E4L.BIZ, such as service
announcements, and
administrative messages, and
that these communications are
considered part of E4L.BIZ
membership. Unless explicitly
stated otherwise, any new
features that augment or enhance
the current Service, including
the release of new E4L.BIZ
properties, shall be subject to
the TOS. You understand and
agree that the Service is
provided "AS-IS" and that
E4L.BIZ assumes no
responsibility for the
timeliness, deletion, mis-delivery
or failure to store any user
communications or
personalization settings. You
are responsible for obtaining
access to the Service and that
access may involve third party
fees (such as Internet service
provider or airtime charges).
You are responsible for those
fees, including those fees
associated with the display or
delivery of advertisements. In
addition, you must provide and
are responsible for all
equipment necessary to access
the Service.
2. YOUR REGISTRATION
OBLIGATIONS
In consideration of your use of
the Service, you represent that
you are of legal age to form a
binding contract and are not a
person barred from receiving
services under the laws of the
United States or other
applicable jurisdiction. You
also agree to: (a) provide true,
accurate, current and complete
information about yourself as
prompted by the Service's
registration form (such
information being the
"Registration Data") and (b)
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 E4L.BIZ has
reasonable grounds to suspect
that such information is untrue,
inaccurate, not current or
incomplete, E4L.BIZ has the
right to suspend or terminate
your account and refuse any and
all current or future use of the
Service (or any portion
thereof).
3. MEMBER CONDUCT
You understand that all
information, data, text,
software, music, sound,
photographs, graphics, video,
messages 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 E4L.BIZ, are
entirely responsible for all
Content that you upload, post,
email, transmit or otherwise
make available via the Service.
E4L.BIZ does not control the
Content posted via the Service
and, as such, does not guarantee
the accuracy, integrity or
quality of such Content. You
understand that by using the
Service, you may be exposed to
Content that is offensive,
indecent or objectionable. Under
no circumstances will E4L.BIZ be
liable in any way for any
Content, including, but not
limited to, for any errors or
omissions in any Content, or for
any loss or damage of any kind
incurred as a result of the use
of any Content posted, emailed,
transmitted or otherwise made
available via the Service. All
members agree to comply with the
provisions of the
CONFIDENTIALITY AND
NONCIRCUMVENTION AGREEMENT
incorporated herein by
reference. You agree to not use
the Service to:
- upload, post, email,
transmit or otherwise make
available any Content that
is unlawful, harmful,
threatening, abusive,
harassing, tortuous,
defamatory, vulgar, obscene,
libelous, invasive of
another's privacy, hateful,
or racially, ethnically or
otherwise objectionable;
- harm minors in any way;
- impersonate any person
or entity, including, but
not limited to, a E4L.BIZ
official, forum leader,
guide or host, or falsely
state or otherwise
misrepresent your
affiliation with a person or
entity;
- forge headers or
otherwise manipulate
identifiers in order to
disguise the origin of any
Content transmitted through
the Service;
- upload, post, email,
transmit or otherwise make
available any Content that
you do not have a right to
make available under any law
or under contractual or
fiduciary relationships
(such as inside information,
proprietary and confidential
information learned or
disclosed as part of
employment relationships or
under nondisclosure
agreements);
- upload, post, email,
transmit or otherwise make
available any Content that
infringes any patent,
trademark, trade secret,
copyright or other
proprietary rights
("Rights") of any party;
- upload, post, email,
transmit or otherwise make
available any unsolicited or
unauthorized advertising,
promotional materials, "junk
mail," "spam," "chain
letters," "pyramid schemes,"
or any other form of
solicitation, except in
those areas (such as
shopping rooms) that are
designated for such purpose
;
- upload, post, email,
transmit or otherwise make
available any material that
contains software viruses or
any other computer code,
files or programs designed
to interrupt, destroy or
limit the functionality of
any computer software or
hardware or
telecommunications
equipment;
- disrupt the normal flow
of dialogue, cause a screen
to "scroll" faster than
other users of the Service
are able to type, or
otherwise act in a manner
that negatively affects
other users' ability to
engage in real time
exchanges;
- interfere with or
disrupt the Service or
servers or networks
connected to the Service, or
disobey any requirements,
procedures, policies or
regulations of networks
connected to the Service;
- intentionally or
unintentionally violate any
applicable local, state,
national or international
law, including, but not
limited to, regulations
promulgated by the U.S.
Securities and Exchange
Commission, any rules of any
national or other securities
exchange, including, without
limitation, the New York
Stock Exchange, the American
Stock Exchange or the
NASDAQ, and any regulations
having the force of law;
- "stalk" or otherwise
harass another; or
- collect or store
personal data about other
users.
You also agree not to make
malicious and false statements
against E4L.BIZ., it's officers,
employees or staff on any web
site or publication on or off
line. Doing so may result in
the termination of your service
with out any refund. Problems
with the service, product or
billing should be direct to the
appropriate channels i.e.
billing@e4l.biz,
products@e4l.biz,
support@e4l.biz
You acknowledge that E4L.BIZ
may or may not pre-screen
Content, but that E4L.BIZ and
its designees shall have the
right (but not the obligation)
in their sole discretion to
pre-screen, refuse, or move any
Content that is available via
the Service. Without limiting
the foregoing, E4L.BIZ and its
designees shall have the right
to remove any Content that
violates the TOS or is otherwise
objectionable. You agree that
you must evaluate, and bear all
risks associated with, the use
of any Content, including any
reliance on the accuracy,
completeness, or usefulness of
such Content. In this regard,
you acknowledge that you may not
rely on any Content created by
E4L.BIZ or submitted to E4L.BIZ,
including without limitation
information in E4L.BIZ Message
Boards, and in all other parts
of the Service
You acknowledge, consent and
agree that E4L.BIZ may access,
preserve, and disclose your
account information and Content
if required to do so by law or
in a good faith belief that such
access preservation or
disclosure is reasonably
necessary to: (a) comply with
legal process; (b) enforce the
TOS; (c) respond to claims that
any Content violates the rights
of third-parties; (d) respond to
your requests for customer
service; or (e) protect the
rights, property, or personal
safety of E4L.BIZ, its users and
the public.
You understand that the
technical processing and
transmission of the Service,
including your Content, may
involve (a) transmissions over
various networks; and (b)
changes to conform and adapt to
technical requirements of
connecting networks or devices.
You understand that the Service
and software embodied within the
Service may include security
components that permit digital
materials to be protected, and
use of these materials is
subject to usage rules set by
E4L.BIZ and/or content providers
who provide content to the
Service. You may not attempt to
override or circumvent any of
the usage rules embedded into
the Service. Any unauthorized
reproduction, publication,
further distribution or public
exhibition of the materials
provided on the Service, in
whole or in part, is strictly
prohibited.
4. INDEMNITY
You agree to indemnify and hold
E4L.BIZ, and its subsidiaries,
affiliates, officers, agents,
co-branders or other partners,
and employees, harmless from any
claim or demand, including
reasonable attorneys' fees, made
by any third party due to or
arising out of Content you
submit, post, transmit or make
available through the Service,
your use of the Service, your
connection to the Service, your
violation of the TOS, or your
violation of any rights of
another.
5. NO RESALE OF SERVICE
You agree not to reproduce,
duplicate, copy, sell, trade,
resell or exploit for any
commercial purposes, any portion
of the Service, use of the
Service, or access to the
Service.
6. MODIFICATIONS TO
SERVICE
E4L.BIZ reserves the right at
any time and from time to time
to modify or discontinue,
temporarily or permanently, the
Service (or any part thereof)
with or without notice. You
agree that E4L.BIZ shall not be
liable to you or to any third
party for any modification,
suspension or discontinuance of
the Service.
7. TERMINATION
You agree that E4L.BIZ may,
under certain circumstances and
without prior notice,
immediately terminate your
E4L.BIZ account, any associated
email address, and access to the
Service. Cause for such
termination shall include, but
not be limited to, (a) breaches
or violations of the TOS or
other incorporated agreements or
guidelines, (b) requests by law
enforcement or other government
agencies, (c) a request by you
(self-initiated account
deletions), (d) discontinuance
or material modification to the
Service (or any part thereof),
(e) unexpected technical or
security issues or problems, and
(f) extended periods of
inactivity. Termination of your
E4L.BIZ account includes (a)
removal of access to all
offerings within the Service,
including but not limited to
E4L.BIZ Messenger, Chat,
Domains, (b) deletion of your
password and all related
information, files and content
associated with or inside your
account (or any part thereof),
and (c) barring further use of
the Service. (g) non-payment of
products and services, if
applicable, (h) any action on
your part that compromises the
integrity of E4L.BIZ. Further,
you agree that all terminations
for cause shall be made in
E4L.BIZ's sole discretion and
that E4L.BIZ shall not be liable
to you or any third-party for
any termination of your account,
any associated email address, or
access to the Service.
8. DEALINGS WITH
ADVERTISERS
Your correspondence or business
dealings with, or participation
in promotions of, advertisers
found on or through the Service,
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
E4L.BIZ 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 Service.
9. LINKS
The Service may provide, or
third parties may provide, links
to other World Wide Web sites or
resources. Because E4L.BIZ has
no control over such sites and
resources, you acknowledge and
agree that E4L.BIZ 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
E4L.BIZ 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.
10. DISCLAIMER OF
WARRANTIES
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT: n. YOUR USE OF THE
SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE"
BASIS. E4L.BIZ EXPRESSLY
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. o. E4L.BIZ
MAKES NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL
BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, AND (V)
ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED. p. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE
IS DONE 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 ANY SUCH
MATERIAL. q. NO ADVICE OR
INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM
E4L.BIZ OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN
THE TOS. r. A SMALL PERCENTAGE
OF USERS MAY EXPERIENCE
EPILEPTIC SEIZURES WHEN EXPOSED
TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS ON A COMPUTER SCREEN
OR WHILE USING THE SERVICE.
CERTAIN CONDITIONS MAY INDUCE
PREVIOUSLY UNDETECTED EPILEPTIC
SYMPTOMS EVEN IN USERS WHO HAVE
NO HISTORY OF PRIOR SEIZURES OR
EPILEPSY. IF YOU, OR ANYONE IN
YOUR FAMILY, HAVE AN EPILEPTIC
CONDITION, CONSULT YOUR
PHYSICIAN PRIOR TO USING THE
SERVICE. IMMEDIATELY DISCONTINUE
USE OF THE SERVICE AND CONSULT
YOUR PHYSICIAN IF YOU EXPERIENCE
ANY OF THE FOLLOWING SYMPTOMS
WHILE USING THE SERVICE --
DIZZINESS, ALTERED VISION, EYE
OR MUSCLE TWITCHES, LOSS OF
AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR
CONVULSIONS.
11. LIMITATION OF
LIABILITY
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT E4L.BIZ SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF
E4L.BIZ HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
12. EXCLUSIONS AND
LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS OF
SECTIONS 10 AND 11 MAY NOT APPLY
TO YOU.
13. NO THIRD PARTY
BENEFICIARIES
You agree that, except as
otherwise expressly provided in
this TOS, there shall be no
third party beneficiaries to
this Agreement.
14. NOTICE
E4L.BIZ may provide you with
notices, including those
regarding changes to the TOS, by
either email, regular mail, or
postings on the Service.
15. PAYMENTS AND REPORTS
Affiliates/distributors shall be
paid commissions according to
their agreements based upon
various applicable schedules.
Payments will be reported
monthly. Affiliates/distributors
shall have 30 days from the date
of the report to dispute any
amounts or claim additional
amounts. Thereafter any
objection to the reports are
waived. Overpayments or
misapplied payments may be
deducted from future payments at
any time.
16. NON-COMMISSIONABLE ITEMS
E4L.BIZ. will not pay
commissions on products or any
product whose sole purpose is
for promoting E4L.BIZ.
17. CAN SPAM LAWS All
affiliates/distributors must
comply with CAN SPAM ACT of
2003. E4L.BIZ has strict
anti-spam policy. Any affiliate/distributor
who violate the CAN SPAM ACT of
2003 will be terminated from
E4L.BIZ. and all its business.
18. NON PAYMENT If
applicable, only
affiliates/distributors with
active accounts and in good
standing shall entitled to earn
commissions. |