Description of Services
The Services include various online web site development tools and web applications operated and hosted by 4Monmouth to enable you to create and publish web sites - hereafter referred to as the "4Monmouth Toolset". The user/client of the "4MonmouthToolset" will be known as "you". The Services also includes web hosting services for the web site you create on the Site.
4Monmouth enables each user to create and publish his/her web sites that is hosted by 4Monmouth ("User Site"). 4Monmouth does not approve or control such User Site and does not routinely review or monitor such User Site. In addition, you understand and acknowledge that your business dealings, correspondence or interactions with any person accessing the User Site and any terms, conditions, warranties or representations associated with such dealings or interactions are solely between you and the person(s) visiting and using the User Site.. THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT 4MONMOUTH IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING, THE CONTENT, FUNCTIONALITY, BUSINESS, LEGALITY, ACCURACY, COMPLETENESS, QUALITY, RELIABILITY, SECURITY, USEFULNESS OR PRACTICES OF ANY USER SITES OR FOR ANY DEALINGS WITH OR TRANSACTIONS CONDUCTED ON OR IN CONNECTION WITH ANY USER SITE. The hosting of any User Site does not imply endorsement or sponsorship by 4Monmouth or any association or affiliation with its operators or the content, business or operation of the User Site, and if you create any User Site, you may not do anything to imply any such endorsement, sponsorship, association, affiliation or relationship with 4Monmouth. YOU USE AND INTERACT WITH SUCH USER SITES AT YOUR OWN RISK. You may not use the name, logo or other trademarks of 4Monmouth to imply any sponsorship, affiliation or relationship between you an 4Monmouth other than that 4Monmouth is hosting your User Site and is providing other marketing tools such as banners.
You are granted a limited, non-sublicensable license to access and use the Site and the 4Monmouth Toolset solely in connection with the creation of a single web site hosted on the Site. Your web site is created to promote the services and products of a single enterprise.
The Site and the 4Monmouth Toolset are licensed from the owner 4Counties, Inc., a New Jersey company located at 98 Conover Road, Marlboro, NJ 07746 subject to your acceptance of these Terms. Such license is subject to these Terms and does not include: (a) any resale or distribution of the 4Monmouth Toolset; (b) modifying or otherwise making any derivative uses of the Site and the 4Monmouth Toolset, or any portion thereof; (c) use of any data mining, robots or similar data gathering or extraction methods; (d) downloading of any portion of the Site or the 4Monmouth Toolset except as expressly permitted on the Site; or (e) any use of the Site or the 4Monmouth Toolset other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of 4Monmouth, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
You assume responsibility for the selection of the Site and the 4Monmouth Toolset to achieve your intended results, and for the installation, use, and results obtained therefrom. 4Monmouth reserves the right to modify, suspend or discontinue the Site or the 4Monmouth Toolset with or without notice at any time and without any liability to you.
You must be at least 18 years of age to create an account and to use the Site and the 4Monmouth Toolset. By registering, you represent and warrant to us that you are 18 years of age or over. Should 4Monmouth be notified or otherwise become aware that you are under 18 years of age, 4Monmouth reserves the right to terminate your account and this license and to refuse service to you at any time with or without notice.
4Monmouth reserves the right to refuse service to anyone at any time with or without notice for any reason.
Beta Version Notice
4Monmouth is currently released in Beta for use by registered users only. YOU ACKNOWLEDGE THAT THE SITE, THE SERVICE AND THE 4MONMOUTH TOOLSET ARE IN BETA FORM AND ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS, AND 4MONMOUTH DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR THE AVAILABILITY, SECURITY, OPERATION, AND RELIABILITY OF THE SITE, THE SERVICE AND THE 4MONMOUTH TOOLSET.
To gain access to the 4Monmouth Toolset and the functionality of the 4Monmouth Toolset and to create a User Site, you will be required to register an access ID and password. The access ID and password may only be used by you. You will be responsible and liable for all activities occurring under your access ID and for keeping your password secure.
Links to Third Party Sites
The Site, the 4Monmouth Toolset and User Sites may contain links to third party web sites, including links to User Sites, third party text, video feeds, offers, and software applications (including widgets) (collectively referred to as "Linked Sites"). The Linked Sites and third parties are not under the control of and/or owned by 4Monmouth and 4Monmouth is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. 4Monmouth is not responsible for webcasting or any other form of transmission received from any Linked Site. The Linked Sites are the property of the respective third party and may be protected by applicable copyright or other intellectual property laws and treaties. 4Monmouth is providing these links to you only as a convenience and does not approve and assumes no responsibility for the content, security, functionality, or practices of these third parties. The inclusion of any link does not imply endorsement by 4Monmouth of the site or any association with its operators. You acknowledge and agree that 4Monmouth may disable your use of or remove any third party linked sites on 4Monmouth to the extent that they violate these Terms.
Similarly, the 4Monmouth Toolset may rely on external components provided by a third party to provide some level of functionality. This functionality may make a particular feature of the 4Monmouth Toolset dependent on the external component; or the 4Monmouth Toolset may be completely dependent on the external component for operation. In any case, 4Monmouth makes no warranties, claims, or provision for any third party components.
You are responsible for making any and all appropriate licensing arrangements with any third party external component providers that are represented on your User Site.
You agree that you are responsible for your own use of the Site, the Services and the 4Monmouth Toolset, for any User Site(s) you create or operate, for any posts you make and for any consequences thereof. You agree that you will use the Site, the Services and 4Monmouth Toolset and create and operate any User Site(s) in compliance with the rules set forth in these Terms (including without limitation the Content Policy set forth below), and all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all export control laws.
As a condition of your use of the Site, the 4Monmouth Toolset, and the Services, you warrant to 4Monmouth that you will not use the site, the 4Monmouth Toolset or the User Sites you create for any purpose that is unlawful, deceptive or otherwise prohibited by these Terms. You may not use the Site, 4Monmouth Toolset or the User Site(s) you create in any manner that could damage, disable, overburden, or impair the Site or the 4Monmouth Toolset or interfere with any other party's use and enjoyment of the Site or the 4Monmouth Toolset. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or the 4Monmouth Toolset.
The Site or any User Site(s) you create may contain bulletin board services, chat areas, news groups, forums, communities, personal and commercial web pages, calendars, podcasts, and/or other message or communication facilities designed to enable you or others to communicate with the public at large or with a group (collectively, "Interactive Services"), you agree to use the Interactive Services only to post, send and receive messages and material that are appropriate and related to the particular Interactive Service and in accordance with the 4Monmouth Content Policy and these Terms and applicable law.
Much of the Interactive Services found on the Site and in User Site(s) is provided by, and is the responsibility of, the person or people who made the postings. 4Monmouth does not routinely monitor the Interactive Services or any User Site and takes no responsibility for such content (including, without limitation, any viruses or other disabling features). 4Monmouth merely provides access to and hosts such content as a service to its customers. 4Monmouth does not endorse, support, represent or guarantee the truthfulness, accuracy, functionality, security, legality, quality or reliability of any communications or content posted via the Site or User Site(s) or endorse any opinions expressed via the Site or any User Site(s) 4Monmouth Toolset. You acknowledge that any reliance on material posted via the Service will be at your own risk.
Although 4Monmouth is not obligated and does not routinely screen or monitor any user content or messages or any User Sites, it reserves the right at all times to do so and to remove, block access to or refuse to post, display or distribute any content or materials or any User Site for any reason or for no reason in its sole discretion. 4Monmouth reserves the right to terminate your access to the Site, the User Site(s) and any or all of the Interactive Services, and to remove or disable access to any User Sites or user content, at any time without notice for any reason whatsoever (or for no reason).
4Monmouth reserves the right at all times to disclose any information as necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms, (c) detect, prevent or otherwise address fraud, security or technical issues, (d) reply to user support requests or (e) protect the rights, property or safety of 4Monmouth, its users and the public.
The Site and the Service is a service, in many cases free, for communication, self-expression, commercial expression, and freedom of speech. 4Monmouth respects your rights and does not wish to censor any text, images, data, information, photos, music video, graphics, messages or other items or materials ("Content") contains you may post on the Site or in any User Site(s). However in order to allow the continued posting of a wide variety of content, 4Monmouth has establish rules that certain types of content are not to be hosted by 4Monmouth and/or created using the 4Monmouth Toolset as set forth in this policy (the "Content Policy"). Please note that these rules do not create any third party rights or create any private right of action, but may be enforced solely by 4Monmouth in its sole discretion. The decision by 4Monmouth not to take action to enforce these rules in a particular instance shall not be considered a waiver of any right to do so in the future or in other situations.
By using the Service, you agree that:
- You may not upload, publish, post, distribute or disseminate any material that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others.
- You may not upload, publish, post, distribute or disseminate any content that is otherwise deemed as pornographic and/or obscene by 4Monmouth. This includes but is not limited to commercial pornography, pedophilia, incest, bestiality, child pornography, or anything similar that violates any applicable laws. 4Monmouth will report any evidence of child pornography along with all known user identification and information to the relevant law enforcement agencies. Users may not use the 4Monmouth Toolset to create sites containing content, such as pornography or violence, that is not generally thought to be appropriate for viewing by children (“Adult Content”) nor may they use 4Monmouth, the Service and/or the 4Monmouth Toolset for hosting and/or distributing and/or publishing Adult Content, including the use of the service for Escort or Prostitution Services.
- You may not upload, publish, post, distribute or disseminate any material that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity.
- You may not upload, publish, post, distribute or disseminate any material that constitutes a direct threat of violence against any person or group of people.
- You may not upload, publish, post, distribute or disseminate any material that impersonates or is intended to impersonate others in a manner that is intended to mislead or does mislead or confuse others.
- You may not upload, publish, post, distribute or disseminate any third party files and or content that contain material, in any form, protected by intellectual property laws (or by rights of privacy and/or publicity) unless you own or control the rights thereto or have received all necessary consents. You may not post private individual or company information without the expressed permission of such parties.
- You may not knowingly violate the intellectual property rights of a third party on any user site.
- You may not upload, publish, post, distribute or disseminate any files that contain viruses, malware, malicious codes, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- You may not use the 4Monmouth Toolset for the transmission of spam and/or any type of viral marketing, pyramid scheme and/or phishing scheme.
- You may not use affiliate links to third party sellers who have not approved you into their affiliate programs.
- You may not download, upload, publish, post, distribute or disseminate any file posted by another user of the 4Monmouth Toolset and Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- You may not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other content contained in a file that is uploaded, downloaded, published, posted, distributed or disseminated using the 4Monmouth Toolset.
- You may not use the 4Monmouth Toolset to harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- You may not upload, publish, post, distribute or disseminate any unauthorized private, confidential and personal information about others.
- You may not upload, publish, post, distribute or disseminate any material that is used for unlawful purposes or for the promotion of dangerous and illegal activities.
4Monmouth takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is 4Monmouth liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or offensive Content you may encounter on the Site or in any User Sites. Your use of Interactive Areas and any User Sites is at your own risk. As a provider of interactive services, 4Monmouth is not liable for any statements, representations or Content provided by its users or other third parties. Although 4Monmouth has no obligation to screen, edit or monitor any of the Content posted by third parties, 4Monmouth reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Site or the User Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense. Violation of any part of the Content Policy may lead to immediate termination or suspension of your account and/or deletion of your Content and/or you may be reported to the appropriate authorities with or without notice to you.
If you post Content to the Site (including in a User Site), unless we indicate otherwise, you grant 4Monmouth and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content solely in connection with hosting your User Sites and otherwise providing and promoting the Site and the Service and exercising the rights granted in these Terms. You grant 4Monmouth and its affiliates the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the Content that you post or you otherwise have the right to post such Content to the Site; (b) the Content is accurate and not misleading; and (c) use and posting of the Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
Use and Storage
Materials uploaded to an Interactive Service may be subject to posted limitations on usage, reproduction and/or dissemination. 4Monmouth retains the right to create and/or change limits on use and storage at its sole discretion at any time with or without notice. You are responsible for adhering to such limitations.
You agree that 4Monmouth has no responsibility or liability for the deletion of or the failure to store or to transmit any Content or Interactive Service maintained by 4Monmouth and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
Updating of Sites
You agree to actively maintain and to update any User Site(s) you create on a regular basis. Failure to log into the Service or to update a User Site for more than 1 year, may result in 4Monmouth removing or disabling access to such User Site.
Creating a community oriented or a non-profit organization site is generally free. A monthly fee is charged to for-profit organization and businesses that create a User Site or that utilize other paying services on the Site. On any User Site, 4Monmouth reserves the right to include promotional link and/or promotional materials. Unless otherwise stated, all fees are quoted in U.S. Dollars.
You are responsible for protecting and enforcing your rights in and to any Submissions. No compensation will be paid with respect to the use of your Submission, as provided herein. 4Monmouth is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of 4Monmouth.
Intellectual Property Rights
You acknowledge that 4Monmouth owns all right, title, and interest in and to the Site, the 4Monmouth Toolset and/or any content on the Site not posted by a 4Monmouth User and/or an acknowledged third party, including all intellectual property rights. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the 4Monmouth Site. You also agree that you will not use any robot, spider, other automated device or manual process to monitor or copy any content from the 4Monmouth Site or 4Monmouth IP.
You agree to hold harmless and indemnify 4Monmouth and its subsidiaries, affiliates, officers, agents and employees from and against any third party claim arising from or in any way related to your use of the 4Monmouth Toolset, the Service and/or 4Monmouth Site, including any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
4MONMOUTH DOES NOT WARRANT THAT THE SITE, THE SERVICE, THE 4MONMOUTH TOOLSET OR ANY USER SITES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. THE SITE, THE SERVICES, AND THE 4MONMOUTH TOOLSET ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, THE SERVICE AND THE 4MONMOUTH TOOLSET IS WITH YOU. SHOULD ANY OF THE FOREGOING PROVE DEFECTIVE, YOU (AND NOT 4MONMOUTH, ITS PARENT, SUBSIDIARIES, AFFILIATES OR LICENSORS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE AND THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 4MONMOUTH AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE OR ANY USER SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
4MONMOUTH AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SAFETY AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON SITE OR ACCESSED THROUGH THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. YOLA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
4Monmouth reserves the right, in its sole discretion, to terminate your account and your access to the Site, the 4Monmouth Toolset and the Services, or any portion thereof, and to remove or block access to any User Site or any User Content at any time without notice for any reason (including without limitation for failure to update and maintain User Sites, unacceptable Content or for any violation of these Terms) or for no reason.
Consent to Disclose Information
Governing Law and Jurisdiction
To the maximum extent permitted by law, this agreement is governed by the laws of the state of New Jersey and the United States of America, and you hereby consent to Monmouth county, New Jersey, being the exclusive jurisdiction and venue of courts in all disputes arising out of or relating to the use of the 4Monmouth Toolset, the Site or the Service. Use of the 4Monmouth Toolset, the Site or the Service 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 4Monmouth as a result of this agreement or use of the 4Monmouth Toolset.
The performance of 4Monmouth per this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the right to comply by 4Monmouth with governmental, court and law enforcement requests or requirements relating to your use of the 4Monmouth Toolset or information provided to or gathered by 4Monmouth 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 you and 4Monmouth with respect to the 4Monmouth Toolset and the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and 4Monmouth with respect to the 4Monmouth Toolset and the Site.
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.
It is the express wish to the parties that this agreement and all related documents be drawn up in English.
All Content and other material on the Site and the 4Monmouth Toolset are the proprietary property of 4Monmouth or its licensors or users and are protected by U.S. and international copyright laws. All rights not expressly granted in these terms are expressly reserved.
4Monmouth, the 4Monmouth logo, the 4Monmouth Presents logo, and any other product or service name or slogan contained in the Site are trademarks of 4Monmouth and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Yola or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "4Monmouth ", "4Monmouth Presents", or any other name, trademark or product or service name of 4Monmouth without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of 4Monmouth and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Notices and Procedure for Making Claims of Copyright Infringement
If you believe that anything on the Site or the Service infringes upon any copyright which you own or control, you may file an e-notification of such infringement with our Designated Agent as set forth below.
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, 4Monmouth has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of 4Monmouth subscribers or account holders who are deemed to be repeat infringers. 4Monmouth may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to 4Monmouth, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to 4Monmouth.