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Before requesting hosting, before purchasing any product/service, before signing up to any newsletter, and before signing up as an affiliate you must read through and agree to all of the following Terms and Conditions. Terms and Conditions for Hosting and Products and Services. Terms and Conditions for Subscribing to any Newsletter Terms and Conditions for Affiliates Earnings Disclaimer for this site Terms and Conditions for this site Terms and Conditions for Requesting Hosting and Products and Services By requesting hosting or any product or service with Borne Marketing or with Joel Osborne you are agreeing to the following; - You must be of legal age to purchase hosting or any product or service on the internet. - You will not use the hosting/product/service in conjunction with any of the following; adult, warez, or hate product/website, or anything illegal. The above list is not limited to that list. - You will not use the hosting/product/service in conjunction with and of the following; spamming, flooding, or nuking. The above is not limited to that list. - All attempts have been made to make sure that the hosting/product/service is up and running at all times and is safe to use. In the event that there is hosting downtime or product/service problems, you agree not to hold Borne Marketing or Joel Osborne accountable, and you agree not to take any legal action against Borne Marketing or Joel Osborne. - In no case shall Borne Marketing or Joel Osborne be held responsible for any lost or damaged data, or for any lost profits while you have your web site hosted with, or as a result or obtaining any product or service from Borne Marketing or Joel Osborne. - It is by my (Joel Osborne) sole discretion to issue refunds or not. Refund are issued case by case. - There will be no refunds for unused bandwidth or space for hosting. - By requesting a service or product from Borne Marketing or Joel Osborne, you are agreeing to allow us to add your contact information into our database so that we may contact you at a later date. By using and/or downloading any product from Borne Marketing or Joel Osborne, you agreeing to the following: (Unless otherwise stated) - You Cannot distribute it in any way. - You Cannot sell it. - You Cannot give it away. - You Cannot alter it in anyway. - You Cannot use SPAM in any way with this product. - You will not take legal action against the creator of this product or the owner of this web site. You use the product at your own risk. If you wish to cancel your service (hosting/membersip) you must agree to the following; - You must notify Borne Marketing or Joel Osborne no later then 30 days before your termination date. If you fail to contact Borne Marketing or Joel Osborne 30 days before your cancellation date, you may still be billed on your next billing date if the product is a membership. - There will be no refunds for unused time. If you cancel before the end of your billing cycle, you will not get a refund for unused time or unused bandwidth or space. If any of the above terms are broken, you agree that your hosting/product/service will be cancelled and you will not receive any refunds. Borne Marketing and Joel Osborne can not be held responsible for any images, information, or any data on any web page that is hosted by Borne Marketing or Joel Osborne. Terms and Conditions for Subscribing to any Newsletter By requesting a service or product from Borne Marketing or Joel Osborne, you are agreeing to allow us to add your contact information into our database so that we may contact you at a later date. By subscribing to any newsletter/ezine/mailing list on or in connection with bornemarketing.com, you are agreeing to the following; - Allowing me (Joel Osborne) and others given permission by Joel Osborne, to contact you with information that I or they may feel you may benefit from. This includes updates, specials, advertisements, and any other information. Terms and Conditions for Affiliates By requesting to be an affiliate of any product or service with Borne Marketing or with Joel Osborne you are agreeing to the following; - You must be of legal age to be an affiliate of any product or service on the internet. - You will not promote any product/service in conjunction with any of the following; adult, warez, or hate product/website, or anything illegal. The above list is not limited to that list. - You will not promote any product/service in conjunction with any of the following; spamming, flooding, or nuking. The above is not limited to that list. - You will not use your own affiliate link or anyone else's affiliate link to purchase a product to then get paid the commission. - All attempts have been made to make sure that the affiliate service and all product/service are up and running at all times and is safe to use. In the event that there is downtime or product/service problems, you agree not to hold Borne Marketing or Joel Osborne accountable, and you agree not to take any legal action against Borne Marketing or Joel Osborne. - In no case shall Borne Marketing or Joel Osborne be held responsible for any lost or damaged data, or for any lost profits while you are an affiliate with, or as a result or obtaining any product or service from, Borne Marketing or Joel Osborne. - It is by my (Joel Osborne) sole discretion to issue refunds or not. Refunds are issued case by case. If any of the above terms are broken, you agree that your affiliate account will be cancelled without notice and you will not receive any refunds. All commissions made that has not yet been paid to you, will be forfeited. - All attempts will be made so that all commissions can be paid between the 10th - 30th of every month for the previous month. - If there is a refund that a customer is due, your commissioned price for that product will be taken out of your account. - It is requested that you keep 2 months worth of your commissions incase of refunds. Earnings Disclaimer for this site There is no guarantee on any amount of money to be made with any product or service mentioned by Borne Marketing or Joel Osborne. It is up to the user of any product or service to work and make his/her own money. Any examples of earnings on this site or in any emails from this site or just examples and are not be viewed as true earnings. The owner(s) of this site and of the products or services mentioned on this site can not be liable for the users actions. Results may very. It takes work to make money, and this site does not state any amount of money will be made. Borne Marketing Web Site AgreementThe bornemarketing.com Web Site (the "Site") is an online information service provided by Borne Marketing ("bornemarketing.com "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. bornemarketing.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. 1. Copyright, Licenses and Idea Submissions. The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are bornemarketing.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to bornemarketing.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to bornemarketing.com by all means and in any media now known or hereafter developed. You also grant to bornemarketing.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against bornemarketing.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to bornemarketing.com.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of bornemarketing.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site. You understand that, except for information, products or services clearly identified as being supplied by bornemarketing.com, bornemarketing.comdoes not operate, control or endorse any information, products or services on the Internet in any way. Except for bornemarketing.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with bornemarketing.com a. You also understand that bornemarketing.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
3. Indemnification. You agree to indemnify, defend and hold harmless bornemarketing.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights. The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of bornemarketing.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5.Term; Termination. This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous. This Agreement shall all be governed and construed in accordance with the laws of Canada applicable to agreements made and to be performed in Canada. You agree that any legal action or proceeding between bornemarketing.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Canada . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. bornemarketing.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. bornemarketing.com may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved. COPYRIGHT NOTICE.© 1999-2005 PriorityDigital.com Prepared for: bornemarketing.com ,All rights reserved. Get your own free disclaimer on-line here. |