1. ACCEPTANCE OF TERMS
Welcome to iBill. iBill provides its service to you, subject to the following
Terms of Service ("TOS"), which may be updated by us from time to
time without notice to you. You can review the most current version of the TOS
at any time at: http://www.iBill.com/legal.html. In addition, when using
particular iBill services, you and iBill shall be subject to any posted
guidelines or rules applicable to such services which may be posted from time
to time. All such guidelines or rules are hereby incorporated by reference
into the TOS. If you are a Client of iBill, please note that iBill provides
additional obligations for you. iBill also may offer other services from time
to time, that are governed by additional Terms of Services.
2. DESCRIPTION OF SERVICE
iBill currently provides users with access to a rich collection of on-line
resources, including, various communications tools, online forums, shopping
services, personalized content and branded programming through its network of
properties (the "Service"). Unless explicitly stated otherwise, any
new features that augment or enhance the current Service, including the
release of new iBill properties, shall be subject to the TOS. You understand
and agree that the Service is provided "AS-IS" and that iBill
assumes no responsibility for the timeliness, deletion, mis-delivery or
failure to store any user communications or personalization settings. In order
to use the Service, you must obtain access to the World Wide Web, either
directly or through devices that access web-based content, and pay any service
fees associated with such access. In addition, you must provide all equipment
necessary to make such connection to the World Wide Web, including a computer
and modem or other access device. Please be aware that iBill has created
certain areas on the Service that contain adult or mature content. You must be
at least 18 years of age to access and view such areas.
3.YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the billing and collections Service, you agree
to: (a) provide true, accurate, current and complete information about
yourself as prompted by any iBill form (such information being the
"Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or iBill has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, iBill has the right to suspend or
terminate your account and refuse any and all current or future use of the
Service (or any portion thereof).
4. CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such Content originated. This
means that you, and not iBill, are entirely responsible for all Content that
you upload, post, email or otherwise transmit via the Service. iBill does not
control the Content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand that by
using the Service, you may be exposed to Content that is offensive, indecent
or objectionable. Under no circumstances will iBill be liable in any way for
any Content, including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed or otherwise transmitted via the Service. You
acknowledge that iBill does not pre-screen Content, but that iBill and its
designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, iBill and its designees shall have the right
to remove any Content that violates the TOS or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge that you may not
rely on any Content created by iBill or submitted to iBill.
5. INDEMNITY
You agree to indemnify and hold iBill, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post to or transmit through
the Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
6. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
7. GENERAL PRACTICES REGARDING USE
AND STORAGE
You acknowledge that iBill may establish general practices and limits
concerning use of the Service. You acknowledge that iBill reserves the right
to log off accounts that are inactive for an extended period of time. You
further acknowledge that iBill reserves the right to change these general
practices and limits at any time, in its sole discretion, with or without
notice.
8. MODIFICATIONS TO SERVICE
iBill reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that iBill shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
Service.
9. TERMINATION
You agree that iBill, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard
any Content within the Service, for any reason, including, without limitation,
for lack of use or if iBill believes that you have violated or acted
inconsistently with the letter or spirit of the TOS. iBill may also in its
sole discretion and at any time discontinue providing the Service, or any part
thereof, with or without notice. You agree that any termination of your access
to the Service under any provision of this TOS may be effected without prior
notice, and acknowledge and agree that iBill may immediately deactivate or
delete your account and all related information and files in your account
and/or bar any further access to such files or the Service. Further, you agree
that iBill shall not be liable to you or any third-party for any termination
of your access to the Service.
10. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that iBill shall not be responsible
or liable for any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such advertisers on the
Service.
11. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because iBill has no control over such sites and
resources, you acknowledge and agree that iBill is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further
acknowledge and agree that iBill shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
12. iBill 'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by iBill or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in
part. Ibill grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the Software. You
agree not to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to access the
Service by any means other than through the interface that is provided by
iBill for use in accessing the Service.
13. DISCLAIMER
IBILL AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IBILL
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN NO EVENT SHALL IBILL AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS
SERVER. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. IBILL AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE
PROGRAM(S) DESCRIBED HEREIN AT ANYTIME.
14. NOTICES
Any notices claiming copyright or trademark infringement should be sent first
class mail to: Legal Department, Internet Billing Company, LTD., 5701 Pine
Island Road, Suite 240 Ft. Lauderdale, FL 33321.
15. VENUE
Any dispute arising from, or in connection with the Service shall be construed
under the laws of the State of Florida, and shall be brought in any competent
Federal or State court located in Broward County, Florida.
Any rights not expressly granted herein are reserved.