- Registration; Privacy
By registering to use the Web Site, You represent You are providing AtHomeNet with accurate and complete registration information. It is Your responsibility to inform AtHomeNet of any changes to that information by e-mailing AtHomeNet at Support@AtHomeNet.com. When You register, You voluntarily provide certain information, such as Your name, address, phone number, ZIP code, e-mail address and payment information (if applicable). AtHomeNet’s privacy policy located on the Web Site is incorporated herein by reference and You hereby agree to be bound by such policy. In addition to the terms of such privacy policy, AtHomeNet shall have the right to use and disclose such information to third parties to the extent necessary to (i) provide You with technical service, (ii) provide You with services under this Agreement or through the website (including processing Your printing orders with Southdata, Inc. (“Southdata”)), and (iii) as required by law or under subpoena, and You consent to AtHomeNet’s use and disclosure of such information as provided herein. AtHomeNet retains the right to assign, sell, license, or otherwise transfer Your registration information to a third party in connection with an assignment, sale, joint venture, or other transfer or disposition of a portion or all of AtHomeNet’s assets or stock.
- Use of Web Site and Newsletters
2.1 The Web Site allows users to design and create user designed newsletters pertaining to residential communities (“Newsletters”) by combining “Your Content” (as such term is defined below) with templates, graphics, photographs and other content provided by AtHomeNet and its licensors on or through the Web Site. Once created, You may save Your Newsletter in electronic form and print and distribute it, or, upon Your election and payment of applicable fees, You may place an order for printing and distribution of such Newsletters through the Web Site. You are granted a non-exclusive, non-transferable, revocable license to access and use the Web Site to do the foregoing, strictly in accordance with the terms of this Agreement. While Your Newsletters may incorporate templates, graphics, photographs and other content provided by AtHomeNet and its licensors on or through the Web Site, nothing in this Agreement grants You any ownership, right or license to use any such templates, graphics and other content other than as part of a Newsletter created using the Web Site, and You may not use, copy, or distribute any such templates, graphics, photographs or other content other than as part of a Newsletter created using the Web Site, except as expressly permitted by applicable law. In no event may You make any other use of the Web Site or any content available thereon without AtHomeNet’s express written consent or as expressly permitted by applicable law. Upon termination of this Agreement, You may continue to use any Newsletters in Your possession, subject to the restrictions on use set forth in this Agreement, which restrictions shall survive any termination of this Agreement.
2.2 AtHomeNet provides You with the ability to order printed copies of Newsletters and certain mailing services using Southdata’s printing and mailing services. You agree that, notwithstanding that You will place orders for and pay for such printing and mailing services through the Web Site, all such printing and mailing services are provided exclusively by Southdata, and that AtHomeNet shall not be responsible or liable in any way for Southdata’s printing and mailing services or any errors or omissions in connection therewith by any person.
2.3 You hereby represent and warrant to AtHomeNet that You are not a competitor of AtHomeNet, or such competitor's employee, agent, owner, officer, member, or director, and that You are using the Web Site only for the purposes permitted under this Agreement.
- Orders and Fees
3.1 There is no fee to design or create a Newsletter or to save the same to electronic form and print or distribute such Newsletter on Your own. If You elect to use Southdata’s printing and mailing service, You agree that AtHomeNet may charge and collect payment for such orders to and against the credit or debit cards You provide to us. In addition, You agree to the following terms related to any and all orders for Southdata’s printing and mailing services placed through the Web Site: (i) All orders are subject to a Fifty Dollar ($50.00) minimum run charge; (ii) Orders are shipped FOB Mount Airy, North Carolina; (iii) Postage and return shipping are in addition to the cost of the goods and services provided; (iv) Georgia and Texas Sales and Use Tax apply to all orders from clients with offices in that state; (v) Product specifications are subject to change without notice; and (vi) All orders must be paid for prior to printing.
3.2 Except as expressly authorized by AtHomeNet in this Agreement, You shall not and shall cause all of Your users to not (a) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available the Web Site to or any portion thereof any third party in any way, (b) access or use the Web Site in order to build a competitive product or service, (c) use, modify, copy, print, display, reproduce, distribute, manipulate, reverse engineer, or publish any content or software available on or through the Web Site, (d) use any data mining robots, or other data gathering and extraction tools, scripts, applications, or methods on the Web Site, (e) use any device, software, or hardware to bypass any operational element or to interfere, or attempt to interfere with the proper working of the Web Site, (f) reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules, or other protection measures applicable to the Web Site, (g) use the Web Site or any Newsletters to process, store, publish or transmit any information or materials which infringes the copyright, trademark, trade secret, or other intellectual property rights of others or violates the privacy, publicity, or other personal rights of others, or which is illegal, defamatory, indecent, obscene, offensive, threatening, abusive, invasive of privacy, or hateful (as determined in AtHomeNet’s reasonable discretion), or (h) use the Web Site or Newsletters in any way that is not in full compliance with all terms and conditions of this Agreement and all applicable laws, rules and regulations.
- Internet Access and Security
You understand and agree that use of or connection to the internet, and the Web Site is inherently insecure and that any connection or access granted thereto provides opportunity for unauthorized access to the Web Site and any and all information stored therein. Information transmitted and received through the internet cannot be expected to remain confidential. AtHomeNet does not guarantee the privacy, security, authenticity, and non-corruption of any information so transmitted or stored in any system connected to the internet, including the Web Site. AtHomeNet shall not be liable for any use by You of the internet or the Web Site that is in violation of any law, rule, or regulation or any violation of the intellectual property or rights of others. Use of any information transmitted or obtained by parties using the Web Site is at such parties’ own risk.
- Your Content
“Your Content” means (i) any Newsletters You create using the Web Site (excluding portions thereof which consist of preexisting content made available to You by AtHomeNet on or through the Web Site) and (ii) any data, material, images, documents, advertisements, or other content (including, without limitation, copyrightable subject matter, trademarks, and service marks) provided or submitted by You or any of Your users to the Web Site in the course of using the Web Site. By uploading or submitting any of Your Content to or for use on the Web Site, You grant AtHomeNet a perpetual, royalty-free, irrevocable, fully paid-up, non-exclusive right and license to use, reproduce, modify, adapt, and display, translate, create derivative works from, and distribute such of Your Content or incorporate such of Your Content into any form, medium, or technology now known or later developed, to provide You with use of the Web Site. You represent and warrant that You have all rights necessary to grant us the license in Your Content, that Your Content will not infringe, violate, or misappropriate any copyright, trademark, trade secret, or other rights of any third party, and that Your Content shall be truthful, accurate, up-to-date, and in compliance with applicable laws, rules, and regulations and all terms and conditions of this Agreement. You are responsible for any and all of Your input errors or typographical errors related to Your Content.
- Intellectual Property; Content
Except for the limited license contained in Paragraph 2.1 above, nothing in this Agreement grants or should be construed to grant to You any licenses or rights under copyright or other intellectual property rights with respect to the Web Site or any portion thereof. Except with respect to certain content that may be in the public domain, all rights, title, and interest (including all copyrights, trademarks, service marks, patents, and other intellectual property rights) in the Web Site belong to AtHomeNet or AtHomeNet’s licensors, as applicable, and all such rights are reserved. All names, logos, and products’ and services’ names and logos associated with AtHomeNet’s service offerings, including, but not limited to, the name “Newsletter Architect” are trademarks or service marks of AtHomeNet’s or third parties, and no right or license is granted to You to use them for any purpose whatsoever. With respect to any content made available on or through Web Site (including without limitation templates, graphics, photographs and other content), AtHomeNet is providing such content to You strictly as a convenience. You agree that Your use of any such content is at Your own risk. AtHomeNet cannot and does not represent or warrant that the content, or that Your use thereof, will not infringe or violate any copyright, trademark, trade secret, or other right of a third party, and AtHomeNet shall have no liability to You in connection therewith. Without limiting the foregoing, to the extent that AtHomeNet designates given content as “public domain” or by a similar designation, such designation signifies that AtHomeNet has a good faith belief that such content is in the public domain, but AtHomeNet does not represent or warrant that such content is in the public domain and AtHomeNet shall have no liability to You in connection therewith.
- Indemnification
You shall indemnify, defend, and hold each of AtHomeNet and its affiliates, along with any officers, directors, employees, attorneys, and agents, successors, and assigns of any of the foregoing harmless from, against and with respect to any claim or action, cost, damage, expense or liability against, incurred by or of such parties arising out of or in connection with (i) Your Content, (ii) Your use of the Web Site, (iii) any breach by You of this Agreement or any act or omission of any of Your users which would constitute a breach of this Agreement if done by You, or (iv) any transaction or interaction between You or Your users and any other person (including Southdata), regardless of whether such transaction or interaction was facilitated in whole or in part by or through the Web Site.
- Warranty Disclaimer
The Web Site (INCLUDING ALL CONTENT AND ALL SERVICES made available to you on or through such web site) are delivered or provided without warranty of any kind, including without limitation, any warranty of non-infringement, title, merchantability, or fitness for a particular purpose. YOUR sole remedy for AtHomeNet’s breach of this Agreement is forth in this section. In no event will AtHomeNet be liable for indirect, special, incidental, or consequential damages, loss of profits, loss of use or data or interruption of business arising in any way out of THIS Agreement or THE Web Site, whether such alleged damages are labeled in tort, contract, or indemnity and even if AtHomeNet has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, the above limitations may not apply in all cases. In no event shall AtHomeNet be liable to YOU OR ANY OF YOUR AGENTS for any loss or damage, whether direct or indirect, arising out of or relating to this Agreement the web site, exceeding the greater of i) $100 or ii) the aggregate sum YOU PAID to AtHomeNet UNDER THIS AGREEMENT during the six (6) month period immediately preceding the month in which such loss or damage was incurred, regardless of the form of action, whether in contract, negligence, strict liability, tort, products liability, or otherwise. The limitations of liability and damage set forth in this section shall not apply to a. the bodily injury to or the death of any person, or b. the damage to, or the destruction of any tangible personal property occurring as a result of the actions of one party, its employees or agents while on the property of the other party.
- Suspension or Termination
AtHomeNet may suspend or terminate this Agreement and prevent Your access to the Web Site immediately and without notice upon Your breach of this Agreement or upon or any act or omission of any of Your users which would constitute a breach of this Agreement if done by You.
- Arbitration
All disputes, controversies, and claims arising out of the terms, operation, or interpretation of this Agreement, or Your use of the Web Site shall be resolved by mandatory, binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. The proceedings shall be held in Atlanta, Georgia under the auspices of the AAA. Notwithstanding the foregoing, either party may seek equitable relief in any court of competent jurisdiction.
- Miscellaneous
You are responsible for all activity occurring under Your account or through Your access or use of the Web Site (including all acts and omissions of Your users). You will keep all Your account information, including user IDs and passwords, confidential. The provisions of this Agreement are intended to be enforceable in accordance with their terms, and whenever possible this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any clause of this Agreement shall be prohibited by or invalid under such law, such clause shall be deemed ineffective to the extent of such prohibition or invalidity and such clause shall be severed from the remainder of this Agreement without invalidating the remainder of any provision containing such clause or the remaining provisions of this Agreement. The laws of the State of Georgia shall govern this Agreement, except to the extent such laws would apply the laws of another jurisdiction. NOTWITHSTANDING SECTION 10, IN THE EVENT THAT ANY LEGAL ACTION IS BROUGHT IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OR THE WEB SITE, YOU HEREBY AGREE THAT, EXCEPT FOR ACTIONS REGARDING EQUITABLE RELIEF AS DESCRIBED AT SECTION 10, THE COURTS LOCATED IN FULTON COUNTY, GEORGIA, USA, WILL BE THE SOLE AND EXCLUSIVE VENUE FOR, AND HAVE SOLE AND EXCLUSIVE JURISDICTION OVER, SUCH ACTIONS. AND YOU HEREBY IRREVOCABLY CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND IRREVOCABLY WAIVE ANY OBJECTIONS THERETO. YOU HEREBY IRREVOCABLY CONSENT TO SERVICE OF PROCESS FOR ALL ACTIONS IN SUCH COURTS .Any notices required by this Agreement shall be made in writing and shall be delivered in person or mailed certified return-receipt-requested to the party’s last known address. Any waiver of rights or remedies for breach of this Agreement shall not be valid unless made in writing and no previous waiver shall be deemed a waiver of any subsequent breach. This Agreement supersedes any other discussions, agreements, representations, or promises between the parties relating to the subject matter of this Agreement, whether written or oral. This Agreement can not be amended, except by a written document signed (either in writing, digitally or otherwise) by an authorized agent of the party to be charged with the amendment, except that AtHomeNet reserves the right to modify the terms and conditions of this Agreement at any time, effective upon posting of an updated version of the this Agreement on the Web Site. You are responsible for regularly reviewing this Agreement. Continued use of the Web Site after any such changes shall constitute Your agreement to such changes. You may not assign this Agreement or any portion of this Agreement; all successors and permitted assigns of the parties shall be bound by the terms hereof. The provisions of Sections 3.2, 5, 6, 7, 8, 10, 11 and the restrictions (but not the license granted) in Section 2 shall survive the termination of this Agreement.