FineArtStudioOnline.com
Website Builder End User License Agreement (EULA)
This Website Builder End User License Agreement ("Agreement") is by and between
FineArtStudioOnline.com ("FineArtStudioOnline.com"), a Texas Company dba
FineArtStudioOnline.com in Bexar County, Texas, and you, your heirs, assigns,
agents and contractors ("You") and is made effective as of the date of
electronic execution. This Agreement sets forth the terms and conditions of Your
use of FineArtStudioOnline.com WebSite Builder ("Website Builder") and
represents the entire Agreement between You and FineArtStudioOnline.com. In
addition this agreement is ONLY between you and FineArtStudioOnline.com and you
understand that you have not entered into any agreements with any other party by
entering into this agreement. By using FineArtStudioOnline.com`s WebSite
Service, You acknowledge that You have read, understand and agree to be bound by
all the terms and conditions of this Agreement, along with any new, different or
additional terms, conditions or policies which FineArtStudioOnline.com may
establish from time to time.
In addition to transactions entered into by You on Your behalf, You also agree
to be bound by the terms of this Agreement for transactions entered into on Your
behalf by anyone acting as Your Agent, and transactions entered into by anyone
who uses the account You`ve established with FineArtStudioOnline.com, whether or
not the transactions were in Your behalf. You acknowledge that
FineArtStudioOnline.com`s acceptance of any application made by You for services
provided by FineArtStudioOnline.com will take place at FineArtStudioOnline.com`s
offices located in San Antonio, Texas, USA.
1. application and service details
The Application
FineArtStudioOnline.com grants You a non-exclusive license to use Website
Builder for the purpose of designing and publishing web sites for use on the
Internet, and other such web site design purposes as are ordinary and customary.
You are free to use Website Builder on any computer, but the same project may
not be modified on more than one computer at one time. You may customize or
modify the appearance of Website Builder as provided and allowed by the
instructions. You may not otherwise alter or modify the Application. You further
agree not to reverse engineer, decompile or otherwise attempt to uncover the
source code. You are not authorized to combine Website Builder with any other
software program or application, nor are You authorized to integrate any plug-in
or enhancement, which uses or relies upon Website Builder other than those
provided with the Application. You are licensed to publish an unlimited number
of web sites using this Application. However, you will be required to pay a
license fee for each web site published.
The Online Wizards
Forms, and Plug-ins produced by the online wizards are licensed for the
exclusive use of the original purchaser on one Website. You are free to modify
these in any way as long as You use them on one web site only. Paying for a
single form and using it on multiple web sites is NOT authorized.
Application Particulars
Website Builder is an online web site preparation tool, which is designed to
assist You in designing and publishing web sites for use on the Internet. Using
Website Builder will give You the ability to personalize, customize and design
Your web site to suit Your individual needs. Among other things, You will be
able to:
1. Select from several pre-designed layouts which can be customized with a
variety of images and color schemes;
2. Engage in Internet sales and marketing by advertising Your business on the
Internet;
3. Share Your information with others by listing information;
4. Design and customize Your website by adding text, images, pre-designed page
layouts and plug-ins; and
5. Display photos of your choice.
6. Market your work with email newsletter manager.
Web Site Hosting Services
You are responsible for ensuring that your web site conforms to all local,
state, federal, and international laws. Further, you are responsible for
securing permission to use any copyrighted, trademarked or otherwise legally
protected images, text, or other web site elements that are not provided by
FineArtStudioOnline.com. You affirmatively acknowledge that
FineArtStudioOnline.com is relying on Your representation concerning Your proper
use of all content on any web site You create or control. If your web site
includes GIF images and you are NOT using the Application, you must ensure that
your GIF images are licensed by Unisys or were created with Unisys Authorized
Software. Moving your web site from one hosting server or provider to another is
Your responsibility. FineArtStudioOnline.com will not transfer or FTP Your web
site to another hosting provider.
Legal Agreements
You acknowledge that You and a FineArtStudioOnline.com approved Hosting Provider
("Hosting Provider") have entered into a Hosting Service Agreement ("Hosting
Agreement"). You agree to be bound by the agreements that govern all domain
names hosted through the Hosting Provider, including the Hosting Service
Agreement; this Agreement; and all policies and procedures as posted on its web
site.
The Limitations
Website Builder is not intended to assist You in engaging in unlawful or morally
objectionable activities. Therefore, FineArtStudioOnline.com explicitly reserves
the right to terminate Your license if it comes to FineArtStudioOnline.com`s
attention that You are using Website Builder to participate in objectionable
activities, which include, but are not limited to, the following: sending
unsolicited email or spam; activities designed to defame, embarrass, harm,
abuse, threaten, slander or harass third parties; activities prohibited by the
laws of the United states and/or foreign territories in which You live or access
the Internet; activities designed to encourage unlawful behavior by others, such
as hate crimes, terrorism and child pornography; activities that are tortious,
vulgar, obscene, invasive of the privacy of a third party, racially, ethnically,
or otherwise objectionable; activities designed to impersonate the identity of a
third party; or activities designed to harm minors in any way.
2. FineArtStudioOnline.com`s rights
Clinton B Watson (developer of FineArtStudioOnline.com) retains all rights to
the Application, web site templates, forms, and documentation. You are entitled
to use this Application, the web templates, forms and documentation to build web
sites and post them to the Internet. Website Builder and any copies You are
authorized to make are the intellectual property of Clinton B. Watson. The
source code and its organization are the exclusive property of Clinton B. Watson
and Website Builder is protected by copyright, including United States Copyright
Law. Except as expressly stated in Section 1 above, this Agreement does not
grant You any rights in Website Builder and all rights are reserved by Clinton
B. Watson. You also, by entering into this agreement, are expressing that You
understand that Clinton B. Watson is the SOLE copyright owner of the
Application, web templates, forms and documentation and all other files except
for your content and your images.
FineArtStudioOnline.com expressly reserves the right to:
1. Censor any web site hosted on its servers that, in the Company`s sole
opinion, is deemed inappropriate.
2. Review every Web Hosting account for excessive space and bandwidth
utilization, and to terminate or apply additional fees to those accounts that
exceed allowable levels.
3. Modify pricing through email notification.
4. Terminate Your license for unsolicited, commercial email or SPAM; illegal
access to other computer networks (i.e., hacking); distribution of Internet
viruses or similar destructive activities; and other activities whether lawful
or unlawful that FineArtStudioOnline.com determines to be harmful to
subscribers, operations, its reputation, or otherwise.
5. Terminate Your license if Your use of Website Builder results in, or is the
subject of, legal action or threatened legal action against
FineArtStudioOnline.com or any of its affiliates or partners, regardless of
whether or not such legal action or threatened legal action is eventually
determined to be with or without merit. The decision to terminate Your license
shall be made solely by FineArtStudioOnline.com, and in so doing,
FineArtStudioOnline.com shall not be required to consider the merits of legal
action or whether threatened legal action will actually come to pass.
3. liability & indemnification
FineArtStudioOnline.com provides Website Builder "as is" and without warranty or
guarantee of any kind, either express or implied, including but not limited to,
the implied warranties or conditions of merchantability or fitness for a
particular purpose. In no event shall FineArtStudioOnline.com be liable for any
loss of profits, loss of business, loss of data, unsecured transactions,
interruption of business, or for indirect, special, or consequential damages of
any kind, even if FineArtStudioOnline.com has been advised of the possibility of
such damages arising from any defect or error in the Application.
You shall indemnify, defend by counsel reasonably acceptable to
FineArtStudioOnline.com, protect and hold FineArtStudioOnline.com harmless from
and against any and all claims, liabilities, losses, costs, damages, expense,
including consultants` and attorneys` fees and court costs, demands, causes of
action, or judgments directly or indirectly arising out of or related to Your
use of Website Builder.
4. severability
You agree that the terms of this Agreement are severable. If any part of this
Agreement is determined to be unenforceable or invalid, that part of the
Agreement will be interpreted in accordance with applicable law as closely as
possible, in line with the original intention of both parties to the Agreement.
The remaining terms and conditions of the Agreement will remain in full force
and effect.
5. venue; waiver of trial by jury
This agreement shall be deemed entered into the state of Texas. the laws and
judicial decisions of Bexar county, Texas, shall be used to determine the
validity, construction, interpretation and legal effect of this agreement. You
agree that any action relating to or arising out of this agreement, shall be
brought in the courts of Bexar county, Texas.
You agree to waive the right to trial by jury in any proceeding that takes pace
relating to or arising out of this agreement.
6. intellectual property
1. Microsoft, MS, Windows, Windows 95, Windows 98, Windows NT, and Internet
Explorer are registered trademarks of Microsoft Corporation in the United States
and/or other countries.
2. Netscape, Netscape Communicator, and Netscape Navigator are registered
trademarks of Netscape Communications Corporation in the United States and/or
other countries.
3. AOL and America Online are registered trademarks of America Online, Inc in
the United States and/or other countries.
4. InterNIC is a registered Service Mark of the U.S. Department of Commerce.
5. Network Solutions is a registered trademark of Network Solutions, Inc in the
United States and/or other countries.
6. .GIF technology licensed is from Unisys Corporation. This license does NOT
allow you to use Unisys compression technologies other than through the
Application. Hosting with other Internet Service Providers (ISP) requires you or
your ISP to obtain a license with Unisys Corporation for placing .GIF images on
the Internet.
7. Macromedia, Flash, Flash Generator and Macromedia Flash are trademarks or
registered trademarks of Macromedia, Inc. in the United States and/or other
countries.
8. Real Audio and Real Producer are registered trademarks of RealNetworks, Inc.
7. notices
You agree that all notices (except for notices concerning breach of this
Agreement) from FineArtStudioOnline.com to You may be posted on our web site.
Notices concerning breach will be sent to You at either the postal address or
email address You have on file with FineArtStudioOnline.com. In either case,
delivery shall be deemed to have been made five (5) days after the date sent.
Notices from You to FineArtStudioOnline.com shall be made by email, sent to the
address we provide on our web site, or by first class mail to the address below
Revised: 3/31/2005
Copyright � 2001 - 2007 Clinton B. Watson All Rights Reserved.