Surf City Domains

 

Model Terms of Use and and Website Disclaimer

These agreements or forms are only a beginning point and should not be used without consulting an attorney first. These forms may not be valid in your state, country or part of the world. The following Model Terms of Use were designed to make the harvesting of email addresses from your website by spambots a breach of contract. They are intended to be used in conjunction with the no-email-collection metatag. You may also reference these terms by linking to the page stored here:   http://www.unspam.com/noemailcollection.

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Model Terms of Use to Forbid Email Harvesting

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[WEBSITE] TERMS AND CONDITIONS OF USE

The website from which you accessed this agreement, [WEBSITE] is provided to you subject to the following conditions. These terms are in addition to any other terms governing access to [WEBSITE]. By visiting (in any manner) [WEBSITE] you accept these terms and conditions (the "Terms of Service"). Please read them carefully. Any Non-Human Visitors to [WEBSITE] shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. The access rights granted to you under the Terms of Service are non-transferable without the express written permission of the owner of [WEBSITE].

SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS

Special restrictions on a visitor's license to access [WEBSITE] apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from [WEBSITE] automatically.

Email addresses on [WEBSITE] are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. You acknowledge and agree that each email address [WEBSITE] contains has a value not less than US $50. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminishes the value of these addresses. Intentional collection, harvesting, gathering, and/or storing [WEBSITE]'s email addresses is recognized as a violation of this agreement and expressly prohibited.

APPLICABLE LAW AND JURISDICTION

Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service ("Judicial Action") shall be governed by the law of the state of residence of the registered Administrative Contact (the "Admin State") for [WEBSITE] as such laws are applied to agreements between Admin State residents entered into and performed entirely within the Admin State. You consent to the jurisdiction of federal and state courts within the Admin State. You consent to the venue in any action brought against him in connection with breaches of these Terms of Service. You consent to electronic service of process regarding actions under the above agreement.

RECORDS OF VISITOR USE AND ABUSE

You consent to having your Internet Protocol address recorded. An email address may appear immediately below (the "Identifier") if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.

VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.



Basic Terms and Conditions Template

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[WEBSITE] Terms and Conditions

Introduction

These terms of use govern your use of [WEBSITE]. By using [WEBSITE], you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use [WEBSITE].

Use of [WEBSITE]

Unless otherwise stated, [WEBSITE] owns the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages [or OTHER CONTENT] from [WEBSITE] for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

YOU MUST NOT:

  1. Republish material from [WEBSITE] (including republication on another website).

  2. Sell, rent or sub-license material from [WEBSITE];

  3. Show any material from [WEBSITE] in public;

  4. Reproduce, duplicate, copy or otherwise exploit material on [WEBSITE] for a commercial purpose.

  5. Edit or otherwise modify any material on [WEBSITE].

  6. Redistribute material from [WEBSITE] except for content specifically and expressly made available for redistribution (such as articles).
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable Use

You must not use [WEBSITE] in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use [WEBSITE] to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to [WEBSITE] without our express written consent.

You must not use [WEBSITE] to transmit or send unsolicited commercial communications.

You must not use [WEBSITE] for any purposes related to marketing without our express written consent.

Restricted Access

Access to certain areas of [WEBSITE] is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of [WEBSITE] or other content or services, you must ensure that that user ID and password is kept confidential.

We may disable your user ID and password in our sole discretion without notice or explanation.

User Generated Content

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to [WEBSITE], for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to [WEBSITE] the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or [WEBSITE] or a third party (in each case under any applicable law).

You must not submit any user content to [WEBSITE] that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to [WEBSITE], or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, [WEBSITE].

Limited Warranties

Whilst we endeavour to ensure that the information on [WEBSITE] is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that [WEBSITE] remains available or that the material on [WEBSITE] is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of [WEBSITE] (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Limitations of Liability

Nothing in these terms of use (or elsewhere on [WEBSITE]) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of [WEBSITE] or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
  1. To the extent that the website and the information and services on [WEBSITE] are provided free-of-charge, we will not be liable for any loss or damage of any nature.

  2. [WEBSITE] will not be liable for any consequential, indirect or special loss or damage.

  3. [WEBSITE] will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.

  4. [WEBSITE] will not be liable for any loss or damage arising out of any event or events beyond our reasonable control.

  5. [WEBSITE] maximum liability in relation to any event or series of related events will be decided by a Court of Law.

Indemnity

You hereby indemnify [WEBSITE] and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

Breaches of These Terms of Use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, [WEBSITE] may take such action as we deem appropriate to deal with the breach, including suspending your access to [WEBSITE], prohibiting you from accessing [WEBSITE], blocking computers using your IP address from accessing [WEBSITE], contacting your internet service provider to request that they block your access to [WEBSITE] and/or bringing court proceedings against you.

Variation

[WEBSITE] may revise these terms of use from time-to-time. Revised terms of use will apply to the use of [WEBSITE] from the date of the publication of the revised terms of use on [WEBSITE]. Please check this page regularly to ensure you are familiar with the current version.

Assignment

[WEBSITE] may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Exclusion of Third Party Rights

These terms of use are for the benefit of you and [WEBSITE], and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

Entire Agreement

These terms of use, together with [WEBSITE] Privacy Policy, constitute the entire agreement between you and us in relation to your use of [WEBSITE], and supersede all previous agreements in respect of your use of [WEBSITE].


Basic Website Disclaimer Template

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[WEBSITE] Disclaimer

Introduction

This disclaimer governs your use of [WEBSITE]; by using our website, you accept this disclaimer in full. If you disagree with any part of this disclaimer, you must not use [WEBSITE].

Intellectual property Rights

Unless otherwise stated, [WEBSITE] or our licensors own the intellectual property rights in [WEBSITE] and material on [WEBSITE]. Subject to the licence below, all these intellectual property rights are reserved.

Restrictions of Website Use

You may view, download for caching purposes only, and print pages [or OTHER CONTENT] from [WEBSITE] for your own personal use.

YOU MUST NOT:

  1. Republish material from [WEBSITE] (including republication on another website).

  2. Sell, rent or otherwise sub-license material from [WEBSITE].

  3. Show any material from [WEBSITE] in public.

  4. Reproduce, duplicate, copy or otherwise exploit material on [WEBSITE] for a commercial purpose.

  5. Edit or otherwise modify any material on [WEBSITE].

  6. Redistribute material from [WEBSITE], except for content specifically and expressly made available for redistribution (such as our newsletter).
Where content is specifically made available for redistribution, it may only be redistributed within your business.

Limitations of Warranties and Liability

Whilst [WEBSITE] endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that [WEBSITE] remains available or that the material on [WEBSITE] is kept up-to-date.

To the maximum extent permitted by applicable law, [WEBSITE] exclude all representations, warranties and conditions relating to [WEBSITE] and the use of [WEBSITE]. This shall include, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill.

Nothing in this disclaimer (or elsewhere on [WEBSITE]) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, [WEBSITE] liability to you in relation to the use of our website or under or in connection with this disclaimer, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
  1. To the extent that [WEBSITE] and the information and services on the website are provided free-of-charge, [WEBSITE] will not be liable for any loss or damage of any nature.

  2. [WEBSITE] will not be liable for any consequential, indirect or special loss or damage.

  3. [WEBSITE] will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.

Variation

[WEBSITE] may revise these terms of use from time-to-time. Revised terms of use will apply to the use of [WEBSITE] from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

Entire Agreement

This disclaimer, together with [WEBSITE] Privacy Policy, constitutes the entire agreement between you and [WEBSITE] in relation to your use of [WEBSITE], and supersedes all previous agreements in respect of your use of [WEBSITE].



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[WEBSITE] Forum Disclaimer

All messages made available as part of this discussion group (including any bulletin boards and chat rooms) and any opinions, advice, statements or other information contained in any messages posted or transmitted by any third party are the responsibility of the author of that message and not of [WEBSITE] (unless [WEBSITE] is specifically identified as the author of the message). The fact that a particular message is posted on or transmitted using [WEBSITE] does not mean that [WEBSITE] has endorsed that message in any way or verified the accuracy, completeness or usefulness of any message. We encourage visitors to the forum to report any objectionable message to yourname@[WEBSITE].com.

This forum IS NOT monitored 24/7.



eMail Disclaimer

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This email and any files transmitted with it are confidential and contain privileged or copyright information. You must not present this message to another party without gaining permission from [WEBSITE]. If you are not the intended recipient you must not copy, distribute or use this email or the information contained in it for any purpose other than to notify [WEBSITE].

If you have received this message in error, please notify [WEBSITE], and delete this email from your system. Any views expressed in this message are those of the individual sender, except where the sender specifically states them to be the views of [WEBSITE].



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