You may not resell the website or create copies for sale without special written permission. In most cases, for a small fee, the license is transferable.
IMPORTANT
READ CAREFULLY: This
End-User License Agreement ("EULA") is a legal agreement between you (either an
individual person or a single legal entity, who will be referred to in this EULA
as "You" or "Licensee") for this website and the technology incorporated within
it that displays this EULA, including any associated media, printed materials
and electronic documentation (the "Website") and future additions and content
additions now and hereafter. The Website may also include website updates,
add-on components, patches, bug fixes, web services and/or supplements that the
Licensor may provide to You or make available to You after the date You obtain
Your initial copy of the Website to the extent that such items are not
accompanied by a separate license agreement or terms of use. By installing,
copying, downloading, accessing this control panel or otherwise using this
Website, You agree to be bound by the terms of this EULA. If You do not agree to
the terms of this EULA, do not install, access or use the Website or the
Administration Console. For purposes of this EULA, the term "Licensor" refers
to Floyd and/or MJA Marketing, and any authorized agents, except
in the event that You acquired the Website from an authorized third party or any
website product originally licensed Web Content
Solutions on your computer system or computer system component, then
"Licensor" or refers to such authorized distributor. Any claims relating to the information available on the
Web Site ("Claims") shall be governed by the laws of the State of Texas,
excluding the application of its conflicts of law rules. Any claim or
controversy arising out of or relating to these Terms and Conditions shall be
settled exclusively by final and binding arbitration in accordance with the
Commercial Arbitration Rules of the American Arbitration
Association.
In the event Floyd, MJA Marketing or one
of it's agents purchased your domain name, BUYSELLKY.COM (and any other
domain names registered by Floyd, MJA Marketing or it’s agents)
it was registered by AitDomains.com which is an accredited registrar with the
Internet Corporation for Assigned Names and Numbers ("ICANN") for the .com, .net
and .org TLDs. ICANN oversees the .com, .net and .org TLDs. As an accredited
domain name registrar, AITDomains is, upon accepting your domain name
registration application, your sponsor for that application and all involved
parties are bound by the AITDomains Agreement regarding this domain name. Should this
license agreement be canceled by any party for any reason, Jeff Combs
shall maintain control of the domain name(s), however, all transfer charges and
renewals shall be the sole responsibility of Jeff Combs who shall negotiate with
AITDomains directly for any charges or renewal fees should they apply.
You shall not use this Web Site, in
whole or in part, for any purpose that is unlawful or prohibited by these Terms
and Conditions. A onetime setup charge or a partial payment of your setup has
been received and accepted, after which a payment of $55.00 per month for
hosting shall be received by the 5th of every month. Failure to receive payment
shall constitute a breach of this agreement. You may cancel at any time.
Failure to pay shall constitute your desire for cancellation. Upon
termination, you will be required promptly to
return any media distributed to you or to destroy any and all copies of
the website covered by this License Agreement. If you are a
government agency, you acknowledge that the Product was developed at private
expense and that the website is provided to you subject to RESTRICTED RIGHTS.
The rights of the government regarding its use, duplication, reproduction or
disclosure by the Government is subject to the restrictions set forth in
subparagraph (c)(1)(ii) of the rights in Technical Data and Computer
software/website clause at DFARS 252.227-7013, and (c)(1) and (2) of the
Commercial Computer software/website -- Restricted Rights clause at FAR
52.227-19. Contractor is MJA Marketing. You acknowledge that the software/website is subject to
U.S. export jurisdiction. You agree to comply with all applicable international
and national laws that apply to the software/website, including the U.S. Export
Administration Regulations, as well as end-user, end-use and destination
restrictions issued by U.S. and other governments. All rights are
reserved as per the Uniform Commercial Code - UCC 1-207.
Licensor may provide You with support services related to
the Website ("Support Services"). Use of Support Services is governed by the
policies and programs described in this agreement, in "online" documentation, or
in other materials from the support services provider. Any supplemental
software/website code provided to You as part of the Support Services are
considered part of the Website and subject to the terms and conditions of this
EULA. You acknowledge and agree that Licensor may use technical information You
provide to Licensor as part of the Support Service for its business purposes,
including for product support and development. Licensor will not utilize such
technical information in a form that personally identifies You. For
software/website licensed from the company or
website.
All title and intellectual
property rights in and to the website (including but not limited to any images,
photographs, animations, video, audio, music, text, and "applets" incorporated
into the software/website), the accompanying printed materials, and any copies
of the software/website are owned by Licensor or its agents, partners or
suppliers. All title and intellectual property rights in and to the content that
is not contained in the software/website, but may be accessed through use of the
software/website, is the property of the respective content owners and may be
protected by applicable copyright or other intellectual property laws and
treaties. This EULA grants You no rights to use such content. If this
software/website contains documentation that is provided only in electronic
form, you may print one copy of such electronic documentation. You may not copy
the printed materials accompanying the software/website. All rights not
specifically granted under this EULA are reserved by Licensor and its
suppliers. Further, you agree that you will not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, transfer, download,
post, create derivative works from, frame in another web page, use on any other
web site, transfer or sell any information, software/website, lists of users,
databases or other lists, products or services provided through or obtained from
Licensor, including, but not limited to the text, graphics, logos, photos, and
audio and visual files, without express written permission from Licensor. You
may not sell or lease this website to another party. This means, among other
activities, that you agree not to engage in the practices of "screen scraping,"
"database scraping," or any other activity with the purpose of obtaining lists
of users or other information. You agree that you will not use the web site in
any manner that could damage, disable, overburden, or impair the web site or
interfere with any other party's use and enjoyment of this web site. The license
is non-transferable. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided by
Licensor for this web site without prior written agreements.
The Web Site is operated by Licensor and affiliates from
various offices within the United States and Singapore. Licensor makes no
representation that the information in the Web Site is appropriate or available
for use in other locations, or with various products . Access to the Web Site
from territories where the contents of the Web Site may be illegal is
prohibited. Those who choose to access the Web Site from other locations do so
on their own initiative and are responsible for compliance with applicable local
laws. is understood and agreed that Licensor, Incorporated will in no way be
held liable or accountable for website programming or content, and does not
guarantee the security of information or of the network connected to the
Internet. Licensee may not lease, rent or resell this website without the
express written consent of Licensor. Client agrees to defend, indemnify, save,
and hold Licensor harmless from any and all demands, liabilities, losses, costs,
and claims that may arise or result from any service provided, performed, or
agreed to be performed or any product sold by the Licensor or its agents. This
includes liabilities arising out of injury to person or property caused by
products sold or distributed. Material supplied by client violating or
allegedly violating the proprietary rights of a third party; copyright
infringement; and defective product sold or distributed via Licensor. Client
agrees to comply with all local, state, national, and international laws
regarding use of the Internet, including but not limited to trademark,
copyright, patent, tax, and tariff.
Licensor reserves the right to remove any and all
materials which infringe on copyright work. Such materials will be removed at
any time upon receiving a complaint and or notice of copyright infringement.
"Spamming" or the mass mailing of unsolicited messages is not permitted by the
Licensee through the e-mail system provided and can result in termination of
services. Also, the use of a mass mailing of unsolicited e-mail messages to
advertise/promote your, regardless of point of origin, can result in termination
of your services. In regards to bandwidth (transfer allowance) there is a limit
of 50,000 hits per month after which each additional 1,000 is an OPTIONAL cost
of $1.00 US Currency. All verbal agreements are invalid without an express
written agreement. There are no long term contracts. You are released from
this license upon lack of hosting payment, whereby your site can be cancelled.
Failure to pay monthly hosting constitutes a breech of this agreement whereby
your website may be removed from the internet. All search engine standings will
be lost and internet traffic will cease. Acceptance of this EULA voids and any
all claim that may arise from the use of this website by Licensee or by any
third party.
CERTAIN
LINKS IN THE WEB SITE WILL LET THE USER LEAVE THE LICENSEEES WEB SITE. THE
LINKED SITES ARE NOT UNDER THE CONTROL OF Licensor AND THEREFORE Licensor IS NOT
RESPONSIBLE FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITE(S) LINKED TO
THE LICENSEE WEB SITE. CERTAIN LINKS IN THE WEB SITE WILL LET THE USER LEAVE THE
LICENSEEES WEB SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Licensor AND
THEREFORE Licensor IS NOT RESPONSIBLE FOR THE CONTENT AVAILABLE ON ANY OTHER
INTERNET SITE(S) LINKED TO THE LICENSEE WEB SITE.
Licensor reserves the right to seek all remedies
available at law and in equity for violations of the rules and regulations set
forth in the Web Site. Licensor reserves the right to
modify the rules and regulations governing the Web Site at any time.
Modifications will be posted on the Web Site, and users are deemed to be
apprised of and bound by any changes to these rules and regulations. In
addition, Licensor reserves the right to make improvements and/or changes in the
Content of the Web Site at any
time.
LISENSOR SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER
BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY
WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF Licensor HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY IN CONNECTION
WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR
FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEB SITE
OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD,
TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO
THE WEB SITE, software/website, OR RELATED INFORMATION, SERVERS, RECORDS OR
PROGRAMS. ALL
INFORMATION ON THE WEB SITE IS PROVIDED TO USERS ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE WEB SITE AND THE
CONTENT AVAILABLE ON THE WEB SITE IS AT THE SOLE RISK OF THE USER. LISENSOR DOES
NOT WARRANT THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. AS A
SERVICE TO PEOPLE WHO VISIT THE WEB SITE, THIS WEB SITE PERMITS REAL ESTATE
AGENTS TO PUBLISH INFORMATION REGARDING THEMSELVES AND THEIR SERVICES. Licensor
DOES NOT RECOMMEND OR ENDORSE ANY OF THE REAL ESTATE AGENTS, AND IS NOT
RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT
MADE BY THE REAL ESTATE AGENTS OR OTHERWISE THROUGH THE WEB SITE. IT IS THE
RESPONSIBILITY OF EACH LICENSEE AS TO THEIR ACCURACY, COMPLETENESS, OR
USEFULNESS OF ANY INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THEIR WEB
SITE.
YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS LICENSE AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF
THE LICENSE AGREEMENT BETWEEN YOU AND IMAGE-LINE software/website WHICH
SUPERSEDES ANY PROPOSALS, OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER
COMMUNICATIONS BETWEEN YOU AND IMAGE-LINE software/website RELATING TO THE
SUBJECT MATTER OF THIS LICENSE AGREEMENT.