Urangatang Products and Services Conditions of UseUrangatang Web Design, LLC ("Urangatang") and its consultants provide their services to you subject to the following conditions. If you visit Urangatang, you accept these conditions. In addition, when you use any current or future Urangatang service, you also will be subject to the guidelines and conditions applicable to such service or business.
Conditions and Restrictions on Use
Use of the Products and Services is subject to compliance with these Conditions of Use. You acknowledge and agree that Urangatang may terminate your access to Urangatang or to any of the Products and Services should you fail to comply with the Conditions of Use or any other guidelines and rules published by Urangatang. Any such termination shall be in Urangatang's sole discretion and may occur without prior notice. Urangatang further reserves the right to terminate any user's access to Urangatang or to any of the Products and Services for any conduct that Urangatang, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Urangatang or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Urangatang further reserves the right to terminate any user's access to Urangatang or to any of the Products and Services for any reason or for no reason at all, at Urangatang's sole discretion, without prior notice.
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 as required by various Urangatang 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 Urangatang has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Urangatang has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.
Member and User Conduct
Upon registering, you will specify a password and Urangatang ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify Urangatang of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Urangatang cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
You acknowledge and agree that all information, code, data, text, photographs, pictures, graphics, 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 Urangatang, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. Urangatang 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 Urangatang 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, Urangatang does not prescreen user or third party Content posted on Urangatang, except for certain areas where Urangatang employs certain automated screening software, although Urangatang reserves the right to do so. Urangatang does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. Urangatang reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Conditions of Use or any other rules or guidelines posted by Urangatang.
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 Urangatang is to maintain, publish and produce websites on Urangatang that are consistent with these Conditions of Use.
You agree that you will not use Urangatang Products and Services to:
You acknowledge and agree that Urangatang and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation Urangatang and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Conditions of Use or is otherwise objectionable as determined by Urangatang, in its sole discretion. Urangatang may also terminate access to, or membership in Urangatang, or any portion thereof, for violating these Conditions of Use. You acknowledge and 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 or obtained through the use of Urangatang, including without limitation information in all other parts of the Urangatang Products and Services.
Urangatang also may suspend or terminate any user account for any Product or Service because of user inactivity. For example, a Urangatang FreeSites account may be terminated or suspended if a user fails to sign-in to the Urangatang Service for an extended period of time. What is considered "user inactivity" varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.
License to User Content
With respect to any Content posted by or in connection with the Products and Services, you grant Urangatang a worldwide, 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 Urangatang. Such license shall apply with respect to any form, media, or technology now known or later developed.
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, Urangatang disclaims any warranties for the security, reliability, timeliness, and performance of the products and services. To the fullest extent permitted by law, Urangatang 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. Urangatang 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 Urangatang disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material in the products and services. Urangatang disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Urangatang 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. Urangatang makes no warranty regarding the reliability or accessibility of member web pages or any storage facilities offered by Urangatang.
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.
Limitation of Liability
You expressly understand and agree that under no circumstances shall Urangatang 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 Urangatang 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 nonperformance of the products and services or any information or merchandise that appears on, or is linked or related in any way to, Urangatang. 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 throughout Urangatang.
Under no circumstances shall Urangatang 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, nonperformance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Disclaimer Regarding Third Party Content
Urangatang 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, Urangatang has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on Urangatang or provided to Urangatang by third parties, Urangatang 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 Urangatang from such sources is developed by people over whom Urangatang exercises no control. Similarly, web pages hosted by Urangatang are posted by third parties, and, with the exception of certain automated screening functions, Urangatang cannot and does not screen such web pages before they are made accessible to other users of Urangatang. Accordingly, neither Urangatang nor its licensors assume any responsibility for the content of any site included in any search results or otherwise linked to Urangatang websites or in any web page hosted for a third party within Urangatang.
Web Publishing (FreeSites)
Unpaid Services in General
Urangatang offers versions of the FreeSites services that are free of charge, exclusive of Internet or other telecommunications and computer equipment charges and fees. Any aspect of such services may be modified by Urangatang for any reason or for no reason at all, at Urangatang's sole discretion, without prior notice. Urangatang allows one unpaid FreeSites membership per business, church, or ministry with a legitimate electronic mail address. If a user of the unpaid version of FreeSites does not build a homepage within thirty (30) days after registering for such service, Urangatang may delete such member's FreeSites account.
Unpaid Services License
By submitting a web page to the unpaid versions of FreeSites or any other unpaid web page hosting service on Urangatang, you grant Urangatang a royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, publicly perform, create compilations including, and distribute such web page, and any associated Content, for the limited purposes of publishing and promoting the user's web page in connection with the particular service with which the user has chosen to have the web page hosted and for publishing and promoting such web page elsewhere within Urangatang. Such license shall apply with respect to any form, media, or technology now known or later developed. The term of the license will extend only for the duration of the user's membership with the particular Urangatang service (e.g., FreeSites). In the event that such membership is terminated, Urangatang will relinquish all rights to the user's Content as described above following the duration of any applicable promotional activities ongoing at the time the membership is terminated. You acknowledge and agree that Urangatang runs advertisements on the web pages of its users of unpaid services and grant Urangatang the right to do so. These advertisements may include, without limitation, "banner" advertisements and "text" advertisements. The manner, mode, and extent of such advertising are subject to change.
Many features of Urangatang store information on behalf of users. Examples include, but are not limited to, web pages and postings on Urangatang. Urangatang reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the user's account has been inactive.
Urangatang Image Gallery
LIMITED LICENSE: Use of the Urangatang Image Gallery indicates your acceptance of the following Conditions of Use. The images made available through the Urangatang Image Gallery are copyrighted images which may also be subject to certain other legal rights. You may only utilize each image for business, ministry, or church purposes. You may not create derivative works from an image, display or distribute copies of it, publish it, use it in a performance, or modify it in any manner except size. You may not distribute or sublicense the images nor use the images in any commercial, advertising, marketing or professional manner whatsoever. Neither Urangatang nor our photo providers will be responsible or liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from your access to or use or misuse of the images displayed on the Urangatang Image Gallery.
Advertisers and Content Linked to Urangatang
Urangatang 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 Urangatang to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. Urangatang has no control over such sites and resources. You acknowledge and agree that Urangatang 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 Urangatang 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 Urangatang 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 Urangatang 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.
Urangatang encourages you to exercise discretion while using the Products and Services to browse the Internet. Urangatang shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in or otherwise linked to Urangatang websites or provided to Urangatang by third parties.
No License; Intellectual Property of Urangatang and Others
Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of Urangatang'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 Urangatang and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of Urangatang 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 Urangatang 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 Urangatang, any of Urangatang's affiliates, or any of Urangatang's service providers. You agree not to use any of the trademarks or service marks or other Content accessible through Urangatang for any purpose other than the purpose for which such Content is made available to users by Urangatang. You agree not to defame or disparage Urangatang, the trademarks or service marks of Urangatang, 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 of Urangatang.
Indemnity and Release
By using Urangatang websites you agree to indemnify Urangatang, 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 Urangatang websites, your use of the Products and Services, or your submission of ideas and/or related materials to Urangatang or from any person's use of any account or password you maintain with any portion of Urangatang, regardless of whether such use is authorized by you. By using Urangatang, using the Products and Services, or submitting any ideas and/or related materials to Urangatang, you are hereby agreeing to release Urangatang 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 Urangatang. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE 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."
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 Urangatang or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
Copyright and Trademark Notices
Urangatang® is a registered trademark of Urangatang Web Design, LLC. All other marks that appear throughout the Products and Services belong to Urangatang or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of Urangatang or the owner of the mark, as appropriate, is strictly prohibited.
Intellectual Property Infringement Claims
It is the policy of Urangatang to respond expeditiously to claims of intellectual property infringement. Urangatang will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Urangatang will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Urangatang will terminate access for subscribers and account holders who are repeat infringers.
Please put "Notice of Infringement" in the subject line of all such notifications. When Urangatang removes or disables access to any material claimed to be infringing, Urangatang may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although Urangatang makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. Urangatang will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Urangatang replaces or restores access to any material as a result of any counter notification.
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 the Commonwealth of Nevada applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Conditions of Use 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 Las Vegas, Nevada, and judgment on the arbitration award may be entered into in any state or federal court in Nevada having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Nevada having jurisdiction thereof. Except as set forth above, the state and federal courts of Nevada shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Conditions of Use or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Conditions of Use, users consent to personal jurisdiction and venue in the state and federal courts in Nevada with respect to all such disputes.
Changes in Conditions of Use and Changes in Products and Services
Urangatang 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. Urangatang reserves the right to modify these Conditions of Use from time to time, without notice. Please review these Conditions of Use from time to time so you will be apprised of any changes.
These Conditions of Use 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 Urangatang's representations and you with respect to the subject matter hereof; except that any other Conditions of Use located on any individual Urangatang website or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Conditions of Use. To the extent that any other Conditions of Use or terms of service conflict with these Conditions of Use, those other provisions shall control with respect to the use of the particular website and any Products or Services available on or through the website or the respective Product or Service at which those other provisions may be found.
Non-Waiver and Separability
Urangatang's failure to exercise any right or provision of these Conditions of Use shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Conditions of Use 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 Conditions of Use remain in full force and effect.
Relationship of Parties
You acknowledge and agree that you and Urangatang are independent contractors under these Conditions of Use, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Conditions of Use 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.
No Resale, Assignment, or Sublicensing
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Conditions of Use without prior express written authorization of Urangatang.
Successors and Assigns
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Conditions of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
These Conditions of Use shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by Urangatang. All provisions of these Conditions of Use which impose obligations continuing in their nature shall survive termination of these Conditions of Use.
Communications with Users
You consent to receive communications from Urangatang concerning your use of the Products and Services ("Communications"). The Communications may be those that Urangatang is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that Urangatang sends to you for other reasons. You consent to receive Communications electronically. Urangatang 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 Urangatang. 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 Urangatang sends Communications by visiting your account Profile page.
In order to receive Required Communications, you must provide Urangatang, upon registration with Urangatang, a valid email address to which Urangatang 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.
Submissions of Ideas
Urangatang is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to Urangatang, we would like to hear them, but any submission will be subject to these Conditions of Use. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO URANGATANG BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO URANGATANG, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO URANGATANG 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 URANGATANG IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY URANGATANG, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
Certain software, and related documentation or technical information, available through Urangatang 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.
Violations of Conditions of Use
Should you violate these Conditions of Use or any other rights of Urangatang, Urangatang 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 Urangatang websites.
Last updated December 26, 2003