Notices
The Toll$aver WebSite is comprised of various
Web sites and Web pages operated by DataNET WorldWide and its affiliates. These
Web sites will be collectively referred to in this Agreement as
"Toll$aver" and the "Toll$aver Network." This Agreement
applies to the Toll$aver Network collection of Web sites. You will need to read
this Agreement in its entirety to review the general provisions of the Terms of
Use and Notices and Additional Terms specific to the product or service for
which you are now signing up.
The Toll$aver Network is offered to you
conditioned on your acceptance without modification of these Terms of Use and
Notices. Your use of the Toll$aver Network constitutes your agreement to these
Terms of Use and Notices. Your use of a particular Toll$aver WebSite included
within, or acceptance of a product, service or benefit obtained through the
Toll$aver Network, may also be subject to additional terms specified in this
document, on the applicable Toll$aver WebSite or in other accompanying
documentation (as such terms that may be modified by DataNET WorldWide from
time to time as described below in the "Additional Terms"). If you do
not have print capability or otherwise desire to obtain a hard copy of these
Terms of Use and Notices, please contact Toll$aver customer service.
If any of the terms, conditions, and notices
contained herein conflict with the Additional Terms or other terms and
guidelines contained within or applicable to any particular Toll$aver WebSite,
service, product or benefit, then the applicable Additional Terms shall
control. You agree to familiarize yourself with the Terms of Use and Notices,
including the Additional Terms, and other terms and guidelines found throughout
the Toll$aver Network and abide by them if you choose to use the sites, or
accept the products, services or benefits, to which such terms apply.
Modification of These Terms of Use and
Notices
DataNET WorldWide reserves the right to change
the Terms of Use and Notices, and any Additional Terms at anytime, effective
upon making the modified provisions available on the Toll$aver Network. You are
responsible for regularly reviewing these terms and conditions. Continued use
of the Toll$aver Network after any such changes shall constitute your consent
to such changes. DataNET WorldWide does not and will not assume any obligation
to notify you of any changes to the Terms of Use and Notices, or Additional
Terms.
Acceptable Use Limitation
The Toll$aver Network is provided to assist
you with the affordability and budgetable fixed-cost(s) of your home or
business. Your right to use the Toll$aver Network is personal to you, and/or
your company and its employees. As a condition of your use of the Toll$aver
Network, you warrant to DataNET WorldWide that you will not use the Toll$aver
Network for any purpose that is unlawful, or prohibited by these Terms of Use
and Notices or the Additional Terms (as may be modified from time to time). You
may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information, software, products, services or benefits obtained from the
Toll$aver Network, except as expressly provided herein. In addition, you may
not use the products or services provided through or in connection with the
Toll$aver Network to:
The information provided by DataNET WorldWide
to you may be proprietary in nature. You agree not to share any information
provided to you by or on behalf of DataNET WorldWide with any third party. If
you sell or otherwise distribute goods or services that compete with or may
otherwise serve as a substitute for products or services sold or otherwise
distributed by DataNET WorldWide via the Toll$aver Network or offered by the
Toll$aver Network, you may not: (a) use or acquire, or have any other person
use or acquire on your behalf, the products or services of Toll$aver for which
you offer competing or substitute products or services; or (b) advertise,
promote, market or solicit offers to acquire such competing or substitute
products in connection with your use of Toll$aver. DataNET WorldWide is not
obligated to monitor the content provided on or through Toll$aver. However,
with respect to the use of the products and services offered on Toll$aver,
DataNET WorldWide reserves the right to disclose any information or materials
as necessary to satisfy any applicable law, regulation, legal process or
government request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, from the Toll$aver WebSite, in DataNET
WorldWide's sole discretion, without notice at any time.
Fees
Some products and services available through
or in connection with Toll$aver require that you purchase a subscription or
otherwise pay a fee. You hereby authorize DataNET WorldWide to charge your
credit card in advance for all applicable fees incurred by you or on your
behalf in connection with your use of the Toll$aver product or service you have
chosen to use. You shall be solely responsible for all charges, fees, duties,
taxes, and assessments arising out of your use of Toll$aver. DataNET WorldWide
reserves the right to modify the fees charged for Toll$aver products and
services from time to time, provided that such modifications shall not take
effect earlier than thirty (30) days after DataNET WorldWide posts such
modifications on the Toll$aver WebSite. Amounts not paid by you to DataNET
WorldWide when due, may bear interest at the lesser of (a) one and one-half
percent (1.5%) per month, and (b) the maximum rate permitted by applicable law.
If you notify DataNET WorldWide in writing that you are terminating this
Agreement, fees pre-paid by you to DataNET WorldWide for Toll$aver products or
services will be credited back to your applicable credit card on a pro-rated
basis (except to the extent such termination is due to your breach of this
Agreement) within forty-five (45) days after receipt of your notice of
termination. DataNET WorldWide is not required to refund directly to you any
amounts paid hereunder. It is your responsibility to notify Toll$aver if your
credit card has expired and to make changes or your service may be disconnected
or interrupted.
Links to Third Party Sites
Links within the Toll$aver Network may let
you leave the Toll$aver Network. You acknowledge that the linked sites are not
under the control of DataNET WorldWide and that DataNET WorldWide is not
responsible for the contents or operation of such linked sites or any link
contained in such linked site, or any changes or updates to such sites. DataNET
WorldWide is not responsible for web casting or any other form of transmission
received from any linked site. DataNET WorldWide is providing these links to
you only as a convenience, and the inclusion of any link does not imply
endorsement by DataNET WorldWide of the linked site or any association with
their operators.
Use of Communication Services
The Toll$aver Network may contain bulletin
board services, chat areas, news groups, forums, communities, personal and
business web pages, yellow page listings, electronic mail postings and/or other
message or communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication
Services"). You agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the particular
Communication Service, and to comply with all applicable laws and these Terms
of Use and Notices. In addition to above acceptable use limitations, you agree
that when using a Communication Service, you will not:
DataNET WorldWide reserves the right, but is
not obligated, to review materials posted to a Communication Service and to
remove any such materials in its sole discretion, without notice at any time.
In addition, DataNET WorldWide reserves the right to terminate your access to
any or all of the Communication Services at any time without notice for any
reason whatsoever. Furthermore, DataNET WorldWide reserves the right to
terminate or change any Communication Service at anytime. DataNET WorldWide is
not obligated to monitor the Communication Services. However, with respect to the
use of the Communication Service, DataNET WorldWide reserves the right to
disclose any information or materials as necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit, refuse to
post or to remove any information or materials, in whole or in part, from the
Communication Service in DataNET WorldWide's sole discretion. You acknowledge
that Communication Services are public and not private communications,
therefore your communications may be read by others without your knowledge.
Always use caution when giving out any personally identifying information about
yourself or others in any Communication Service. DataNET WorldWide does not
control or endorse the content, messages or information found in any Communication
Service and, therefore, DataNET WorldWide specifically disclaims any liability
with regard to the Communication Services and any actions resulting from your
participation in any Communication Service. Forum managers and hosts of the
Communication Services are not authorized DataNET WorldWide agents or
spokespersons, are not able to bind DataNET WorldWide, nor do their views
necessarily reflect those of DataNET WorldWide.
Materials uploaded to a Communication Service
may be subject to posted limitations on usage, reproduction and/or
dissemination, and you are responsible for adhering to such limitations if you
download the materials.
License you Grant to Toll$aver
DataNET WorldWide does not claim ownership of
the materials you provide to DataNET WorldWide (including feedback and
suggestions) or post, upload, input or submit in connection with your use of
Toll$aver or any web site ("Your Web Site") created by you or on your
behalf in connection with the use of Toll$aver (collectively "Submissions").
However, you grant DataNET WorldWide a royalty-free license to use (including,
without limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate, sublicense and reformat
your Submission, and to publish your name in connection with your Submission)
your Submission only in connection with the operation and promotion of
Toll$aver. You also grant DataNET WorldWide the right to publish your name in
connection with any such communication. No compensation will be paid or due you
with respect to DataNET WorldWide's or its sublicensee's use of the materials
as licensed above. DataNET WorldWide is under no obligation to post or use any
materials you may provide, and may remove such materials at any time in DataNET
WorldWide's sole discretion. By posting messages, uploading files, inputting
data, submitting any feedback or suggestions, or engaging in any other form of
communication with or through any Toll$aver WebSite, you warrant and represent
that you own or otherwise control the rights necessary to do so and to grant
DataNET WorldWide the license set forth above, and you will defend and
indemnify DataNET WorldWide and its suppliers from any third party claim
related to a breach of any of the foregoing representations or warranties.
Software Available on the Toll$aver
Network
Software (if any) that is made available to
download from or otherwise through the Toll$aver Network, excluding software
that may be made available by third parties via Toll$aver,
("Software") is the copyrighted work of DataNET WorldWide and/or its
suppliers. Your use of the Software is governed by these Terms of Use and
Notices, and the applicable Additional Terms, and the terms of the end user
license agreement, if any, which accompanies or is included with the Software
("License Agreement"). To the extent that the License Agreement
conflicts with the Terms of Use and Notices, and/or Additional Terms, the terms
of the License Agreement shall govern your use of the Software. You may not
install or use any Software that is accompanied by or includes a License
Agreement unless you first agree to the License Agreement. For any Software not
accompanied by a license agreement, DataNET WorldWide hereby grants to you, the
user, a personal, non-exclusive, non-transferable license to use the Software
for viewing and otherwise using the particular DataNET WorldWide WebSite in
accordance with the applicable Terms of Use and Notices, and for no other
purpose. In addition, you shall keep intact all and may not alter any copyright
and other proprietary notices contained in such Software. All Software is owned
by DataNET WorldWide and/or its suppliers, and is protected to the maximum
extent permitted by copyright laws and international treaty provisions. Any reproduction
or redistribution of the Software is expressly prohibited, and may result in
severe civil and criminal penalties. Persons violating the foregoing, or who
otherwise misappropriate any intellectual property or proprietary rights
related to the Software may be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR
REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE,
DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET
CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that the
Software, and any accompanying documentation and/or technical information, is
subject to applicable export control laws and regulations of the USA. You agree
not to export or re-export the Software, directly or indirectly, to any
countries that are subject to USA export restrictions.
Liability Disclaimer
The information, software, products, services
and other material included in or available through the Toll$aver Network may
not be complete, and may include inaccuracies or errors, and may also be
modified or deleted from time to time. Advice, information, products, services
or other materials received via the Toll$aver Network should not be relied upon
for personal, medical, legal, business, financial or other decisions and is not
intended to replace the advice of appropriate and qualified professionals. You
acknowledge that you should consult an appropriate professional for specific
advice tailored to your situation. Your access to and use of the Toll$aver
Network, and products and services of Toll$aver, is at your own risk. DataNET
WorldWide, and its members and sponsors, will not be liable for any damage,
loss or disclosure of information, data, revenue, accounts or business that
occurs in connection with your use of the Toll$aver Network, or such products
or services. DataNET WorldWide makes no guarantees of any kind regarding the
dependability, accuracy, security, timeliness or availability of the Toll$aver
Network, or such products or services. Without limiting the foregoing, DATANET
WORLDWIDE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES
ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS,
SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND MATERIALS CONTAINED IN TOLL$AVER FOR ANY PURPOSE. ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. DATANET WORLDWIDE AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS,
EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL DATANET WORLDWIDE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF TOLL$AVER OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO
USE TOLL$AVER OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH TOLL$AVER, OR OTHERWISE ARISING OUT OF THE USE OF
TOLL$AVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF DATANET WORLDWIDE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF TOLL$AVER, OR WITH ANY OF THESE TERMS OF USE AND NOTICES, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING TOLL$AVER AND ITS RELATED
SERVICES. Without limiting the foregoing, DataNET WorldWide is not responsible
for any of your data residing on DataNET WorldWide and Toll$aver Network
hardware. You are responsible for backing-up your data and information that may
reside on the DataNET WorldWide or Toll$aver hardware, whether or not such
information is produced through the use of Toll$aver. It is your responsibility
to take the necessary steps to ensure your primary means of business is
maintained. You agree to defend, indemnify and hold DataNET WorldWide and its
suppliers harmless from and against any and all claims, losses, liability costs
and expenses (including but not limited to attorneys' fees) arising from your
violation of these Terms of Use and Notices (including, without limitation,
violation of applicable Additional Terms of Use), or any third-party's rights,
(including, without limitation, infringement of any copyright, violation of any
proprietary right and invasion of any privacy rights). These obligations will
survive any termination of your relationship with DataNET WorldWide or your use
of Toll$aver.
Service Contact
If you need to contact DataNET WorldWide
regarding the Toll$aver Network, please send e-mail to: tollsaver@hotmail.com
Access Restriction
DataNET WorldWide reserves the right to deny
in its sole discretion any user access to Toll$aver or any portion thereof
without notice. You are responsible for safeguarding the confidentiality of
your password(s) and user name(s) issued to you by DataNET WorldWide, and for
any use or misuse of your account or Toll$aver resulting from any third party
using a password or user name issued to you.
Termination
DataNET WorldWide may terminate this
Agreement and your access to Toll$aver (in whole or in part) and related
services at any time, with or without cause, and with or without notice. Anyone
determined by DataNET WorldWide to have violated these Terms of Use and
Notices, or any Additional Terms may be barred from using the Toll$aver
Network, or from receiving any products, services or benefits from Toll$aver.
In addition, if you violate any of these Terms of Use and Notices, or
Additional Terms (as applicable) you will forfeit all in-kind credits and any
other amounts accruing to you (if any) in connection with the Toll$aver
Network.
General
This Agreement is governed by the laws of the
State of Louisiana, U.S.A. You hereby consent to the jurisdiction of and venue
in courts located in Ouachita Parish, Louisiana, U.S.A. in all disputes arising
out of or relating to the use of the Toll$aver Network. In addition, you hereby
consent to the exclusive jurisdiction of and venue in such courts for any
action commenced by you against DataNET WorldWide, (or its affiliates). Use of
the Toll$aver Network is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and DataNET WorldWide as
a result of this Agreement or use of Toll$aver. DataNET WorldWide's performance
of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of DataNET WorldWide's right to
comply with governmental, court and law enforcement requests or requirements
relating to your use of the Toll$aver Network or information provided to or
gathered by DataNET WorldWide with respect to such use. If any part of this
Agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the Agreement
shall continue in effect. Unless otherwise specified herein, this Agreement
constitutes the entire agreement between the user and DataNET WorldWide with
respect to the Toll$aver Network and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and DataNET WorldWide with respect to the Toll$aver Network. A printed
version of this Agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to
this Agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. You may not rent, lease, license, grant a security interest in, or
otherwise transfer or sublicense your rights hereunder to any third party. The
example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organizations, product,
person or event is intended or should be inferred.
Copyright and Trademark Notices
All contents of the Toll$aver Network are:
Copyright (c) 1986 - 2002 DataNET WorldWide and/or its suppliers. All rights
reserved.
Trademarks
Toll$aver is either a trademark or registered
trademark of DataNET WorldWide. The names of actual companies and products
mentioned herein may be the trademarks of their respective owners. Any rights
not expressly granted herein are reserved by DataNET WorldWide.
Notices and Procedure for Making Claims
of Copyright Infringement
Pursuant to Title 17, United States Code,
Section 512(c)(2), notifications of claimed copyright infringement should be
sent to: DataNET WorldWide, P.O. Box 121, Monroe, Louisiana 71210-0121 U.S.A. See: For Information Regarding the Toll$aver Privacy Statement
The following is a list of additional Terms
of Use information for some specific DataNET WorldWide Toll$aver products and
services. These additional Terms of Use are in addition to the above
information.
AdService
You acknowledge that your advertisements will
be placed on third party web sites, and that DataNET WorldWide has no control
over: (a) the positioning of your advertisements on such web sites; (b) the
times at which your advertisements will appear on such web sites; or, (c) the
content of such web sites. You acknowledge that advertising space on web sites
may be limited and that, while DataNET WorldWide will attempt to place your
advertisement on a requested web site during requested dates, desired web site
placement and/or advertisement dates may not always be available, and different
web sites and/or advertisement dates may be substituted by DataNET WorldWide.
DataNET WorldWide may accept requests for advertising placements in whole or in
part. Amounts paid to AdService are nonrefundable upon payment; therefore,
DataNET WorldWide strongly advises first time users of the AdService to
purchase a small amount of advertisements to determine whether this service meets
their needs. Notwithstanding the foregoing, if DataNET WorldWide fails to place
your advertisement on web sites within 31 days or one month after the first day
of your requested run date, DataNET WorldWide will refund to you (amounts paid
in connection with your request) and will be deemed to have refused your
request. Advertisements placed on third party web sites may be subject to
additional terms and conditions.
BannerService
DataNET WorldWide reserves the right to
verify through any means the placement and correctness of the Toll$aver HTML
code provided to you in connection with your participation in the
BannerService (a.k.a. Affiliate Program), and you hereby grant DataNET WorldWide the right to access your banner and web site in connection with this purpose. You acknowledge that the Toll$aver Network is a service provided to you free-of-charge, unless you are a Reseller subscriber, and that at any given time the Toll$aver HTML code incorporated into your web site may display an advertisement from Toll$aver or another advertiser. All Toll$aver HTML code must be placed on a page in your web site in a position where the majority of people visiting that page will see and notice the banner ad displayed via the HTML code. DataNET WorldWide reserves the right to deactivate accounts, with or without notice: (a) that display an banners for or links to competing services; (b) that contain little or no original content; (c) if Toll$aver HTML code appears on an inordinate number of dynamically-generated pages; or, (d) for any violation of the items listed below or elsewhere in these terms and notices. Without limiting the foregoing, in connection with
your participation in the BannerService you may not:
You acknowledge and agree that your web site
information (name, URL, traffic counts, etc.) may be utilized by DataNET
WorldWide and disclosed to third parties (e.g., lists of the busiest sites,
lists of member sites, etc.). You agree to allow DataNET WorldWide to use
screen shots of any web page that contains Toll$aver HTML code in Toll$aver
promotional materials, and represent and warrant that you have the authority
sufficient to grant the foregoing rights.
You agree that DataNET WorldWide reserves the
right to remove your banner ad and web site from the service, at any time,
without notice, for a violation of these guidelines or for any other reason.
While Toll$aver will make an effort to notify you when this occurs, Toll$aver
reserves the right to do so at any time, with or without notice. Your ability
to earn credits is contingent upon displaying an acceptable banner to be
advertised, unless you are a Reseller subscriber. If you do not display a
banner, you will cease to accrue credits after 30 days. Regular credit accrual will resume upon submission of a banner to Toll$aver which passes the banner content review
process or proper display of a Toll$aver Network banner. If your account is banned for a violation of the Toll$aver Terms of Use and Notices, you will also cease to accrue credits from the time the account was banned.
You will earn banner advertising credit only if the Toll$aver ad servers are able to determine where the Toll$aver BannerService banner is being displayed on your registered URL. Toll$aver's inability to track where your Toll$aver BannerService account is displaying other Toll$aver BannerService banners may
result in credit forfeiture and termination of your account for a violation of
these Terms of Use and Notices. Toll$aver reserves the right to investigate and
take action on your account at any time, without notice. You also agree that
your banner network account and its corresponding credits are non-transferable.
ClickService
ADVERTISER REQUIREMENTS FOR TOLL$AVER
CLICKSERVICE AFFILIATE PROGRAMS
The following applies to advertisers of
affiliate programs on the Toll$aver Network. You are an advertiser of an affiliate program if you pay fees to third parties that place on their web sites hypertext links
("links") to your web site. DataNET WorldWide is not responsible or
liable for the content of any web site of persons participating in your
affiliate program ("participants"), or for your relationship with
participants. You agree to release, and defend, indemnify and hold DataNET
WorldWide and it suppliers harmless, from any dispute or action arising from or
related to your affiliate programs. As consideration for offering your
affiliate program to third parties through ClickService or other Toll$aver
programs, you will: (a) compensate participants for fees earned through participation
in your affiliate program, as provided below; and (b) compensate DataNET
WorldWide on a monthly basis, an amount equal to thirty percent (20%) of all
fees earned during such month, as provided below.
You must establish an account with the
Toll$aver Network from which payments may be made to participants and DataNET
WorldWide. You will provide the Toll$aver Network with all information
requested in connection with establishing and administering such account. Upon
establishing your account and during your participation in ClickService, you
must deposit and maintain in your account with DataNET WorldWide a minimum
balance of (a) no less than one hundred dollars (US $100) for pay-per-click
affiliate programs; and (b) four hundred dollars (US $400) for pay-per-lead,
pay-per-sales or similar affiliate programs. You hereby authorize DataNET
WorldWide to withdraw from such account(s) amounts DataNET WorldWide believes
in good faith are necessary to pay fees due participants and due DataNET WorldWide
hereunder. Without limiting DataNET WorldWide's other rights hereunder, DataNET
WorldWide may terminate your privileges to use ClickService or the Toll$aver
Network, in whole or in part, if you fail to keep the required minimum balance
in your account. Subject to the forgoing minimum balance requirement, you may
request DataNET WorldWide in writing or via e-mail to pay you amounts from your
account, which payment will be made pursuant to the payment guidelines in
effect at the time of such request.
You hereby authorize DataNET WorldWide to
rely on any data, notice, instruction or request furnished by you to DataNET
WorldWide, or that DataNET WorldWide reasonably believes to have been furnished
by you. You will promptly notify DataNET WorldWide in writing of any known or
suspected unauthorized uses of or access gained to your account, or misuse of
the Toll$aver Network. You are solely responsible for maintaining the
confidentiality of your account information and monitoring usage of your
account. DataNET WorldWide is not responsible for fraud of participants.
Subject to the limitations set forth herein, you are solely responsible for
stablishing and informing participants in your affiliate program of the terms
and conditions of your affiliate programs and your ultimate liability to them
and fairly and accurately administering such affiliate programs according to
such terms and conditions. Without limiting the foregoing, you must specify to
participants the consideration to be paid in connection with taking part in
your affiliate programs, and such consideration must be specified and paid in
United States currency.
You must be at least eighteen (18) years of
age to offer participation in any affiliate program, and you hereby represent
and warrant that you are at least eighteen (18) years of age. You may not use a
name in connection with operating your affiliate program that is confusing or
misleading to participants, or otherwise impersonate or deceive participants
with respect to your identity. You shall remain solely responsible for your
content and website. You acknowledge that these affiliate programs are offered
and administered by third parties, and DataNET WorldWide bears no
responsibility for content or administration of these affiliate programs.
DataNET WorldWide reserves the right to deem
any site inappropriate and terminate the site as a member of the Toll$aver
Network, at any time without notice. If you are terminated from the service for
violation of the Terms of Use and Notices, DataNET WorldWide may withhold money
you earned within the service or money that you owe within the service.
AFFILIATE REQUIREMENTS FOR TOLL$AVER NETWORK
RESELLER PROGRAMS
The following applies to participants in
Toll$aver Reseller programs. You are a Reseller affiliate if you place a third
party link on your web site or create a store under this Program. You
acknowledge that this Web site contains links to third party affiliate programs
that may contain different terms and conditions than apply to the Toll$aver
Network. If you elect to take part in any of these affiliate programs or
stores, your contractual relationship will be directly with the third party
advertiser sponsoring such affiliate program or store, and DataNET WorldWide is
not responsible or liable for any content on the web site of such advertiser,
payment of fees owed to you by such advertiser (except to the extent DataNET
WorldWide has been paid fees owed to you by such advertiser), fees owed to you
by such store provider, or your relationship with such advertiser or store. You
agree to release, and defend, indemnify and hold DataNET WorldWide and its
suppliers harmless from any dispute or action arising from or related to your
participation in any affiliate program via the Toll$aver Network. Fees earned by
you from taking part in Toll$aver administered affiliate programs will be paid
by Toll$aver or the advertiser of such affiliate program to DataNET WorldWide on your behalf and the advertiser is aware of this fact. Fees earned by you from taking part
in third party administered affiliate programs listed in the Toll$aver Network,
will be paid by the advertiser directly to you. DataNET WorldWide is not
responsible for collections or payment of any fees earned through your
participation in third party administered affiliate programs. You will
establish an account with the Toll$aver Network to be credited with fees you
earn from participating in affiliate programs and received by DataNET
WorldWide. You will provide DataNET WorldWide with all information requested in
connection with establishing and administering such account. Provided that your
Toll$aver account has been credited at least twenty-five dollars (US$25) as of
the tenth (10th) day of any calendar month, DataNET WorldWide will issue you a
check equal to the balance of your account no later than the last day of such
month (if you are also an advertiser, payment under this section is also
subject to the requirements applicable to advertisers described above). Any
funds earned by an advertiser acting as an affiliate partner will automatically
be added to the balance of their account. DataNET WorldWide may offset amounts
contained in your Toll$aver accounts against any amounts you owe DataNET
WorldWide. You will not earn interest on amounts credited to your Toll$aver account.
You must be at least eighteen (18) years of
age to take part in Toll$aver affiliate and/or reseller programs, and you
hereby represent and warrant that you are at least eighteen (18) years of age.
DataNET WorldWide reserves the right to deactivate accounts for web sites that
display an inordinate number of links or links to competing services, and sites
that contain little or no original content. Without limiting the foregoing:
You will not earn or be entitled to receive
any fees earned in violation of the above limitations, and if DataNET WorldWide
deactivates your account in response to a good faith belief that you violated
the foregoing limitations, you forfeit and will not receive, any fees or other
amounts credited to your deactivated account. You acknowledge that advertisers
and affiliate and reseller programs are subject to DataNET WorldWide's prior
approval, and you will not start earning fees until such approval by DataNET
WorldWide. You acknowledge that these affiliate programs are offered and
administered by third parties, and DataNET WorldWide bears no responsibility
for content or administration of these affiliate programs.
You must provide DataNET WorldWide with the
URL of the web sites and web pages where links will be placed in connection
with the affiliate programs, and you must provide DataNET WorldWide with a
valid email address at which DataNET WorldWide may contact you. You acknowledge
and agree the foregoing information (name, email address, URL, traffic counts,
etc.) may be utilized by DataNET WorldWide and disclosed to third parties
(e.g., advertisers, lists of the busiest sites, lists of member sites, etc.).
You agree to allow DataNET WorldWide to use screen shots of any web page that
contains a link in Toll$aver promotional materials, and represent and warrant
that you have sufficient authority to grant the foregoing rights.
Reseller
AFFILIATE REQUIREMENTS FOR TOLL$AVERS NETWORK
RESELLER AFFILIATE PROGRAMS
The following applies to participants in Toll$aver
Reseller programs. You are a Reseller affiliate if you place a third party link
on your web site or create a store under this Program. You acknowledge that this Web site contains links
to third party affiliate programs that may contain different terms and
conditions than apply to the Toll$aver Network. If you elect to Take part in
any of these affiliate programs or stores, your contractual relationship will
be directly with the third party advertiser sponsoring such affiliate program
or store, and DataNET WorldWide is not responsible or liable for any content on
the web site of such advertiser, payment of fees owed to you by such advertiser
(except to the extent DataNET WorldWide has been paid fees owed to you by such
advertiser), fees owed to you by such store provider, or your relationship with
such advertiser or store. You agree to release, and defend, indemnify and hold DataNET
WorldWide and its suppliers harmless from any dispute or action arising from or
related to your participation in any affiliate program via the Toll$aver
Network. Fees earned by you from taking
part in Toll$aver administered affiliate programs will be paid by the
advertiser of such affiliate program to DataNET WorldWide on your behalf and
the advertiser is aware of this fact. Fees earned by your from taking part in
third party administered affiliate programs listed in the Toll$aver Network,
will be paid by the advertiser directly to you. DataNET WorldWide is not
responsible for collections or payment of any fees earned through your
participation in third party administered affiliate programs. You will establish
an account with the Toll$aver Network to be credited with fees you earn from participating
in affiliate programs and received by DataNET WorldWide. You will provide
DataNET WorldWide with all information requested in connection with establishing
and administering such account. Provided
that your Toll$aver account has been credited at least twenty-five dollars
(US$25) as of the tenth (10th) day of any calendar month, DataNET WorldWide
will issue you a check equal to the balance of your account no later than the
last day of such month (if you are also an advertiser, payment under this
section is also subject to the requirements applicable to advertisers described
above). Any funds earned by an advertiser acting as an affiliate partner will
automatically be added to the balance of their account. DataNET WorldWide may
offset amounts contained in your Toll$aver accounts against any amounts you owe
DataNET WorldWide. You will not earn interest on amounts credited to your
Toll$aver account. You must be at least
eighteen (18) years of age to take part in Toll$aver affiliate programs, and you
hereby represent and warrant that you are at least eighteen (18) years of age.
DataNET WorldWide reserves the right to deactivate accounts for web sites that
display an inordinate number of links or links to competing services, and sites
that contain little or no original content. Without limiting the foregoing:
You will not earn or be entitled to receive
any fees earned in violation of the above limitations, and if DataNET WorldWide
deactivates your account in response to a good faith belief that you violated
the foregoing limitations, you forfeit and will not receive, any fees or other amounts
credited to your deactivated account. You
acknowledge that advertisers and affiliate programs are subject to DataNET
WorldWide's prior approval, and you will not start earning fees until such
approval by DataNET WorldWide. You
acknowledge that these affiliate programs are offered and administered by third
parties, and DataNET WorldWide bears no responsibility for content or
administration of these affiliate programs.
You must provide DataNET WorldWide with the
URL of the web sites and web pages where links will be placed in connection
with the affiliate programs, and you must provide DataNET WorldWide with a valid
email address at which DataNET WorldWide may contact you. You acknowledge and
agree the foregoing information (name, email address, URL, traffic counts,
etc.) may be utilized by DataNET WorldWide and disclosed to third parties
(e.g., advertisers, lists of the busiest sites, lists of member sites, etc.).
You agree to allow DataNET WorldWide to use screen shots of any web page that
contains a link in Toll$aver promotional materials, and represent and warrant
that you have sufficient authority to grant the foregoing rights.
Toll$aver E-Manager
Toll$aver E-Manager service is an Order
Manager. It is your responsibility to
agree that you are at least 18 years of age and possess the legal authority to
enter into this Agreement and to use Toll$aver E-Manager, including the buying,
selling and listing of items, and any other services offered on this site in accordance
with all terms and notices herein, provide a valid credit card or have made
prior other financial arrangements, and agree to pay for all charges for the
services to which you have subscribed with Toll$aver E-Manager. Your subscription to Toll$aver E-Manager and
your right to access and use E-Manager may be immediately terminated for cause including,
without limitation, your breach of applicable Terms of Use and Notices, or your
failure to remit any applicable subscription fees when due. DataNET WorldWide
may terminate your subscription to E-Manager, for a violation of the Terms of
Use and Notices, at any time without notice. You will be responsible for any
such fees incurred during your subscription and payment of such fees shall be due
immediately upon termination of your subscription.
It is your responsibility to ensure you have
a copy of your catalog and any other of your materials prior to submitting them
to Toll$aver E-Manager. DataNET WorldWide shall utilize reasonable efforts to
maintain any data and files you have stored on E-Manager's servers for a period
of thirty (30) days following the effective date of termination of your subscription,
but are not required to do so. In your
use of the E-Manager service, you agree to be financially responsible for all
of your use of the services, (as well as for use of your account by others,
including without limitation minors living with you). You also warrant that all
information supplied by you or members of your household in using the Services
is true and accurate. Failure to provide accurate information may subject you
to civil and criminal penalties. You also agree to be bound by the Terms of Use
and conditions as posted. E-Manager
provides an opportunity for you to easily use the marketplace forums on the Internet.
DataNET WorldWide cannot control or warrant the behavior of the users or the
management of the service you have chosen to use. As such, your use of
Toll$aver E-Manager and the marketplace service you choose to use is at your own
risk and DataNET WorldWide disclaims any liability with regard to use of the
Services and any actions resulting from your or any other party's participation
in the Services. DataNET WorldWide
cannot and will not be involved in resolving any disputes relating to any
completed or uncompleted transaction for the purchase or sale of listed goods. It is your responsibility to determine
whether the purchase or sale of any listed item is authorized by law, statute
or regulation. Without limitation, the
following items may not be sold or offered for sale; firearms, explosives and
ammunition; alcoholic beverages; tobacco products; food that is not packaged or
does not comply with all applicable laws for sale to consumers by commercial
merchants; pharmaceuticals and controlled substances; software; recordings of
music on CD or cassette or in digital format; movies; video games; counterfeit;
pirated or stolen goods; any goods that infringe or otherwise violate another party's
rights, including copyright, patent, trademark, or rights of publicity or
privacy; goods that are considered indecent, obscene or pornographic; Nazi
memorabilia; registered or unregistered securities; goods which you do not have
the legal right to sell; goods which are misrepresented or which do not in fact
exist; goods which, if sold via the services, would cause DataNET WorldWide to
violate any laws, statute or regulation.
Through your use of E-Manager, you will be able
to track shipping addresses, however, DataNET WorldWide is not responsible for
shipping rates or delivery times of the carriers you choose to use to ship your
products. It is your responsibility to
ensure the accuracy of the data you enter.
DataNET WorldWide is not responsible for the
calculation of your taxes. DataNET
WorldWide is not involved in any transaction between you and your buyer or
seller. You are deemed to have a direct commercial relationship with each third
party that purchases goods or services from or undertakes any other transaction
with you via your Toll$aver WebSite or E-Manager. As between DataNET WorldWide and you, you are solely responsible
for: (a) processing customer orders/transactions; (b) informing customers of
the status of such orders/transactions; (c) providing all customer support
related to such orders/transactions (e.g., lost orders, billing disputes,
payments, etc.); and, (d) determining, collecting and remitting to the
appropriate authority all taxes (if any) arising from or related to such orders/transactions.
Further, because DataNET WorldWide is not involved in any orders/transactions between
you and end users, DataNET WorldWide cannot and will not be involved in resolving
any disputes relating to any completed or uncompleted transactions via E-Manager,
or otherwise. Your payments or
orders/transactions conducted via your Web Site or on any E-Manager service,
will be paid to you directly from your designated acquiring bank, customers or
other appropriate source ("payor"). DataNET WorldWide is not responsible
for such payment, and will have no liability for any lost, disputed or
fraudulent payment or tenders of payment, or other disputes arising between you
and customers or payors.
DataNET WorldWide makes no guarantee about
the reliability or accuracy of these products or services, or the results
obtained from using E-Manager. DataNET
WorldWide will not be liable for any loss of data, accounts, revenue or
business arising out of or otherwise related to: (a) your use of E-Manager or
your customers' use of your Web site and your products and services; (b) errors,
bugs or other defects in Toll$aver E-Manager; or (c) lost customer information
(e.g., billing information, credit card numbers, lost orders, etc.). You are
solely responsible for maintaining and backing-up any information regarding the
operation or use of your Web site, catalogs, lists, order records, and other
information you are using in connection with your use of E-Manager.
Toll$aver will make a good faith effort to
submit your service requests to E-Manager, Toll$aver services and other third
party services within a timely manner, however, DataNET WorldWide is not
responsible for the timeframes followed by third party services.
Toll$aver Portability
Service Terms
Access and Use
Only current subscribers of Toll$aver and/or
Toll$aver WebSite service(s) and the subscribers' authorized individual users
(i.e., family members, employees and other individuals to whom a subscriber has
issued valid Toll$aver Portability Service IDs) are authorized to access and
use Toll$aver Portability Service. Each
individual user must have their own Toll$aver Portability Service ID and the
subscriber may not permit any other access to the Toll$aver Portability Service.
The subscriber is solely responsible for the actions of all users to which it
has issued Toll$aver Portability IDs or has otherwise permitted access. Use of Toll$aver
Portability Service is subject to the DataNET WorldWide Toll$aver Terms of Use and
Notices and any other applicable terms of use published from time to time. The
subscriber shall assure that each user to which it has issued a Toll$aver Portability
Service ID, or has otherwise permitted access, fully complies with the DataNET
WorldWide Toll$aver Terms of Use and Notices and any other applicable terms of
use published from time to time.
DataNET WorldWide may use certain user
information in accordance with the privacy policy found at _________________________.
In addition, your Internet Protocol address is transmitted with each message
sent from your account. You acknowledge
and agree that DataNET WorldWide neither endorses the contents of any of your
documents nor assumes responsibility for any threatening, libelous, obscene, harassing,
or offensive material contained therein, any infringement of third party
intellectual property rights arising therefrom, or any crime facilitated
thereby.
You acknowledge and agree that certain
technical processing of documents and their content may be required to: (1)
store and retrieve documents; (2) conform to connecting networks' technical requirements;
(3) conform to the limitations of the service; or (4) conform to other similar requirements.
Toll$aver Portability Account, Toll$aver Portability
Service ID, and Security
Once you become a subscriber of Toll$aver Portability
Service, you shall receive an ID number and an account. You are entirely responsible
for maintaining the confidentiality of your ID Number. Furthermore, you are
entirely responsible for any and all activities that occur under your account.
You may change your ID number at any time by following instructions on the
Toll$aver WebSite. You agree to
immediately notify DataNET WorldWide of any unauthorized use of your account or
any other breach of security known to you.
Other Limitations
The amount of storage space is limited.
Please visit the Toll$aver FAQ for more information. You agree that DataNET WorldWide is not responsible or liable for the deletion of or failure to store information.
Termination
Your subscription to Toll$aver products
and/or services and your right to access and use Toll$aver products and/or
services may be immediately terminated for cause including, without limitation,
your breach of applicable terms of use or your failure to remit any applicable subscription
fee when due. DataNET WorldWide may terminate your subscription to Toll$aver products
and/or services without cause by providing you with thirty (30) days prior
written notice, including, without limitation, notice given by electronic mail
of such termination. DataNET WorldWide shall
utilize reasonable efforts to maintain any data stored on Toll$aver's servers
for a period of thirty (30) days following the effective date of termination of
your subscription.
It is your
responsibility to agree that you are at least 18 years of age and possess the
legal authority to enter into this Agreement and to use any Toll$aver product
and/or service, to manage customer information and communication with
customers, and any other services offered on this site in accordance with all
terms and notices herein, provide a valid credit card or have made prior other
financial agreement, and agree to pay for all charges for the services to which
you have subscribed with Toll$aver. Your
subscription to Toll$aver and your right to access and use Toll$aver may be
immediately terminated for cause including, without limitation, your breach of applicable
Terms of Use and Notices, and/or your failure to remit any applicable
subscription fees when due. DataNET WorldWide may terminate your subscription,
for a violation of the Terms of Use and Notices, at any time without notice.
You will be responsible for any such fees incurred during your subscription and
payment of such fees shall be due immediately upon termination of your subscription.
DataNET WorldWide Toll$aver will not use your
customer contact list or any other customer information for any other purposes
than those intended with the service. In addition, your customer information
will not be shared with any other parties, unless you are also subscribing to
Toll$aver E-Manager and/or other Toll$aver service where one of the
features of these services is that your customer information be shared with E-Manager.
Toll$aver will not use your customer information for the purpose of sending
unsolicited commercial e-mail. DataNET
WorldWide will not be liable for any loss of data, accounts, revenue or
business arising out of or otherwise related to: (a) your use of E-Manager or
your customers' use of your Web site and your products and services; (b) errors,
bugs or other defects in Toll$aver products or services; or (c) lost customer information
(e.g., billing information, credit card numbers, lost orders, etc.). You are
solely responsible for maintaining and backing-up any information regarding the
operation or use of information you are using in connection with your use of E-Manager.
DataNET WorldWide is not responsible or liable for your actions with your customers
or the use of their information, or for any other actions arising from your use
of E-Manager in communicating with your customers.
DataNET WorldWide Toll$aver will make a good
faith effort to submit your service requests to Customer Service, Toll$aver
services and other third party services within a timely manner. However, DataNET WorldWide is not
responsible or liable for the timeframes followed by third party services.
Other Toll$aver
Resources
You acknowledge that the links set forth in these
sections are provided solely for your convenience, and are links to third party
sites for which DataNET WorldWide is not responsible. DataNET WorldWide is not
responsible or liable for any content or advice set forth on or received through
such linked third party sites, and you acknowledge that your use of these
linked sites may be subject to different terms of use than apply to the
Toll$aver Network.
If your account was terminated for
non-payment, you will have up to 60 days to provide Toll$aver with a valid
credit card number at which time your account will be reopened. If however, you
do not provide a valid credit card within 60 days following termination of your
account, your Toll$aver account will no longer be valid and none of your data
will be accessible or retrievable from DataNET WorldWide or Toll$aver.
E-Recruiting
E-recruiting may only be used in connection
with e-mail lists for which recipients have voluntarily registered. Using E-recruiting
to send e-mail to an address you obtain without the consent of such addressee
is a violation of the Toll$aver Terms of Use and Notices. You may not access
the mailing lists of third parties on the Toll$aver Network other than for
approved purposes (if any), and you may not access or otherwise use such third
party mailing lists in connection with preparing or distributing unsolicited
e-mail to any third party. You may not import any e-mail addresses to your list
that have not chosen to receive your mailings.
You may only send e-mail to customers that have willingly signed up to
receive your mailings. If Toll$aver receives complaints about your list, your
list will be reviewed and possibly be terminated immediately. You may not send
mail under any company or organization name other than your own. DataNET
WorldWide has the right to terminate your access to services, or terminate the services,
at any time if you violate these terms of use.
In addition, DataNET WorldWide reserves the
right to remedies available to it (including, terminating your access to services
and/or the Toll$aver Network at any time) for violation of any of these terms
of use. If you use E-recruiting to
create a mailing list (a "Mailing List"), you may remove from such Mailing
List any e-mail address contained therein, at your discretion. You agree to
honor the request of the owner of any e-mail address to remove that address
from a Mailing List. You may establish additional terms and conditions that may
be applied to persons subscribed to your Mailing Lists. If you register with a Mailing List, you acknowledge
that the owner of the mailing list may remove your e-mail address from such
Mailing List, in its discretion and at any time, and that your participation in
such Mailing List may be subject to additional terms and conditions that may be
changed from time to time.
DataNET WorldWide reserves the right, but is
not obligated, to review materials posted by or on your behalf to any web site
created by you and/or hosted by DataNET WorldWide pursuant to the Toll$aver
Network services ("Your Web Site"), and to remove any such materials
in DataNET WorldWide's sole discretion. If DataNET WorldWide determines in its
sole discretion that you are responsible for violating any of the foregoing
limitations or this Terms of Use and Notices, DataNET WorldWide may: (a)
suspend Your Web Site (e.g., make Your Web Site inaccessible to third parties);
and/or (b) cancel your rights and terminate this Agreement. If DataNET
WorldWide does either of the foregoing, DataNET WorldWide may charge you a fee,
as determined by DataNET WorldWide in its discretion, to reinstate Your Web
Site and yours and others access.
DataNET WorldWide may terminate Your Web Site
or your access to it at any time, upon thirty (30) days' notice. In addition,
DataNET WorldWide may immediately terminate this Agreement if you breach any
provision of these Terms of Uses and Notices, or Additional Terms. Your sole remedy for a failure of DataNET
WorldWide is to terminate this Agreement upon written notice to DataNET
WorldWide. Neither party will be liable
for any damages to the other party in connection with the termination of the Toll$aver
Network. You are solely responsible for the continuation and/or termination of
any relationships or agreements that you entered into with third parties pursuant
to your use of the Toll$aver Network or Your Web Site.
DataNET WorldWide warrants that it will use
commercially reasonable efforts to make Your Web Site available on the Web
twenty-four (24) hours per day, seven (7) days per week; subject to: (a)
maintenance, upgrades and error corrections; (b) operation and traffic on, and interruption
of, the Internet and the Web; (c) third party conduct; (d) unforeseen technical
interruptions; and (e) any conduct by you or on your behalf that may interfere
with the operation of Your Web Site (including, without limitation, any breach
of this Agreement), or violates applicable law. You warrant that: (a) all information that you submit to DataNET
WorldWide and its affiliates as part of the registration and subscription
processes is true and accurate; (b) you are at least 18 years of age and
possess the legal authority to enter into this Agreement and to use DataNET
WorldWide and its affiliates products and/or services in accordance with all
terms and conditions herein, and to enter into other binding agreements; (c)
any products or services sold or otherwise distributed by you on or in connection
with Your Web Site are legal for sale or distribution; and (d) you have and
control all of the intellectual property, proprietary and similar rights
necessary for all material located on Your Web Site, all Submissions, and all
products and services sold or otherwise distributed by you or on your behalf
via Your Web Site.
DataNET WorldWide is not involved in any
transaction between you and any user of Your Web Site, or of any products or
services offered or provided by you or by a third party via Your Web Site. DataNET WorldWide is not acting as your or
any third party's agent in connection with the operation of Your Web Site.
DataNET WorldWide is not responsible for screening, censoring or otherwise controlling
Your Web Site, or any listings or transactions offered or conducted via Your
Web Site. You are hereby deemed to have a direct commercial relationship with
each third party that purchases goods or services from, or undertakes any other
transaction with, you via Your Web Site.
As between DataNET WorldWide and you, you are
solely responsible for: (a) processing customer orders/transactions on Your Web
Site; (b) informing customers of the status of such orders/transactions; (c) providing
all customer support related to such orders/transactions (e.g., lost orders,
billing disputes, payments, etc.); and (d) determining, collecting and
remitting to the appropriate authority all taxes (if any) arising from or related
to such orders/transactions. Further, because DataNET WorldWide is not involved
in any orders/transactions between you and other users, DataNET WorldWide
cannot and will not be involved in resolving any disputes relating to any
completed or uncompleted transaction. Your
payments for orders/transactions conducted via Your Web Site will be paid to
you directly from your designated acquiring bank, customer or other appropriate
source ("payor"). DataNET WorldWide is not responsible for such
payment, and will have no liability for any lost, disputed or fraudulent
payments or tenders of payment, or other disputes arising between you and
customers or payors.
DataNET WorldWide makes no guarantee about
the reliability or accuracy of these products or services, or the results
obtained from using these products or services. DataNET WorldWide will not be
liable for any loss of data, accounts, revenue or business arising out of or
otherwise related to: (a) your use of or your customers' use of your web site
created or hosted by DataNET WorldWide and its affiliates; (b) errors, bugs or
other defects in Your Web Site; or (c) lost customer information (e.g., billing
information, credit card numbers, lost orders, etc.). You are solely
responsible for maintaining and backing-up any information regarding the
operation or use of Your Web Site.
Web Site Design
and Creation
1.
Materials submission. You are
responsible for submitting all materials for the design and creation of your web
site within three (3) weeks of becoming a Toll$aver subscriber. This
information may be submitted either by email, through the designated web site,
or by telephone directly to a Toll$aver web consultant. All materials are subject
to Toll$aver's policy regarding acceptable content. Materials which infringe another party's trademarks or copyrights
will not be considered acceptable content.
2.
Web site creation. Once
Toll$aver has received all materials from you, in acceptable form, Toll$aver will
create your web site within ten (10) business days of such receipt using only the
text and graphics submitted.
3.
Web site review
period. Once your web site has been built Toll$aver will notify you by
email at your registered email address that your site is available for review. You will have up to three (3) business days
to review your site online and either approve it or submit changes to
Toll$aver. These changes can be communicated to the Toll$aver web design team who
created your site by email. If you do not respond within three (3) business
days of receiving the email notification that your site has been built, your
site will be deemed accepted.
4.
Acceptable changes
during the three (3) day review period. The Toll$aver web design team will make acceptable
changes properly submitted by you during the three (3) business day review
period. Acceptable changes to your web
site include deleting text or graphics from materials you submitted, inserting
text or graphics originally submitted by you but omitted from the website, correction
of misspellings, and minimal changes in page layout and graphic placement. Acceptable changes do not include major web
site redesign, introduction of additional text and graphics after site is
complete, or additional pages and services not included in the original package.
Toll$aver will make acceptable changes within two (2) business days of
receiving acceptable requests.
5.
Notification of
completion. After your acceptable changes and changes that carry an
additional fee have been made to your web site, you will be notified by email
within three (3) business days at your registered email address that the
changes have been made. The customization of your web site will be deemed final
upon such notification.
January 2002