1. Acceptance of Terms
This Service Contract/Agreement, (
Agreement), sets forth the terms and conditions agreed to between you (whether directly or through your agent, or as an agent for another person or entity),
and HandymanJobLeads (hereinafter
HandymanJobLeads) relating to the use and/or purchase of services or products from HandymanJobLeads.
Your purchase or use of our products implies that you have read and accepted these terms and conditions. You (whether directly or through your agent, or as an agent for another person or entity) acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement.
The services that HandymanJobLeads provides to User is subject to the following Terms and Conditions of Service. HandymanJobLeads reserves the right to update the Agreement at any time without notice to User.
The most current version of the Agreement can be reviewed by clicking on the
Client: The company or individual requesting the services of HandymanJobLeads.
Client may be referred to as Licensee or Site Owner. The terms 'You' or 'Licensee' includes you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns.
HandymanJobLeads: Primary designer/site owner and employees or affiliates.
We may be referred to as Licensor. The terms 'Us,' 'We,' or 'Licensor' includes and our owners, employees, subsidiaries, independent contractors, agents, attorneys, and assigns.
In this Agreement,
our shall refer to HandymanJobLeads and
shall refer to the person or entity that is using HandymanJobLeads domain registration services.
HandymanJobLeads will carry out work only where an agreement is provided either by email, telephone, mail or fax.
An 'order' is deemed to be a written or verbal contract between HandymanJobLeads and the client, this includes telephone and email agreements.
HandymanJobLeads shall have the right at any time to change or discontinue any aspect or feature of HandymanJobLeads.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
You must be at least 18 years old to access this website or to purchase products or services from us. HandymanJobLeads will carry out work only for clients who are 18 years of age or above.
We do not direct this website to minors, nor do we knowingly collect any personal information from children under the age of thirteen.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of HandymanJobLeads.com and all charges related thereto.
HandymanJobLeads has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honored. We take strong precautions to protect your data from loss, misuse, unauthorized access, or disclosure, alteration, or destruction.
We guarantee your e-commerce transactions to be 100% safe and secure. When you place orders or access your personal account information, you are utilizing a secure server software SSL, which encrypts your personal information before it is sent over the Internet. SSL is one of the safest encryption technologies available.
In addition, your transactions are guaranteed under the Fair Credit Billing Act. This Act states that your bank cannot hold you liable for more than $50.00 in fraudulent credit card charges. If your bank does hold you liable for $50.00 or less, we'll cover your liability provided the unauthorized, fraudulent use of your credit card resulted through no fault of your own and from purchases made from us over our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
HandymanJobLeads strictly protects the security of your personal information and honors your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
Your personal information is never shared outside the company without your permission, except under conditions explained above. Inside the company, data is stored in password-controlled servers with limited access. Your information may be stored and processed in the U.S.A. or any other country where HandymanJobLeads, its subsidiaries, affiliates, or agents are located.
You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your user name and password, so do not share these with others.
ALL CONTENT IS PROVIDED
AS-IS without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.
YOU AGREE THAT YOUR USE OF OUR SERVICE(S) IS SOLELY AT YOUR OWN RISK. THE SERVICES WE PROVIDE TO YOU ARE ON AN
AS AVAILABLE BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICE(S). TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
2.1 Disclaimer: Warranties of Merchantability
ANY AND ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
There is no promise or representation that you will make a certain amount of money, or any money, or not lose money, as a result of using our products and services. Any earnings, revenue, or income statements are strictly estimates. There is no guarantee that you will make these levels for yourself.
As with any business, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond our control; including variables we or you have not anticipated. There are no guarantees concerning the level of success you may experience. Individual results will vary.
There are unknown risks in any business, particularly with the Internet, where advances and changes can happen quickly.
The use of our information, products, and services should be based on your own due diligence and you agree that we are not liable for your success or failure.
A. USER EXPRESSLY AGREES THAT USE OF THIS WEBSITE IS AT USER'S SOLE RISK. NEITHER HandymanJobLeads, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT HandymanJobLeads' WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF HandymanJobLeads' WEBSITE, TEMPLATES, SERVICES, AND/OR PRODUCTS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH WEBSITE.
B. HandymanJobLeads' WEBSITE IS PROVIDED ON AN
AS-IS BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT HandymanJobLeads IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL HandymanJobLeads OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING HandymanJobLeads' WEBSITE TEMPLATES OR HandymanJobLeads' SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE HandymanJobLeads' WEBSITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER HandymanJobLeads NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN HandymanJobLeads' WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
2.2 Limitation of Liability
You agree that our entire and cumulative liability, and your exclusive remedy, with respect to any HandymanJobLeads services provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s).
Our entire liability to you or anyone else for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement or use of the content or website shall not exceed the amount you have paid to us for the product or service. In no event shall we be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if we have been advised of the possibility of such damages. You agree that the foregoing constitutes your sole and exclusive remedy for any breach of this Agreement. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU FURTHER AGREE THAT, REGARDLESS OF CIRCUMSTANCES, HandymanJobLeads SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HandymanJobLeads HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY OF HandymanJobLeads' SERVICES AND/OR PRODUCTS OR FOR THE COST OF PROCURING SUBSTITUTE SERVICES.
You agree to release, indemnify, defend and hold harmless HandymanJobLeads and HandymanJobLeads' officers, employees, agents, and affiliates from and against any and all claims, loss, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of any and all third party claims, actions, suits, or demands that are related to or arise out of (a) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (b) HandymanJobLeads products and/or services or your use of such services; (c) any intellectual property or other proprietary right of any person or entity. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement.
2.4 No Waiver of Rights
Our failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
2.5 Force Majeure
NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
3. Website Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, HandymanJobLeads cannot accept responsibility for any losses incurred due to malfunction, the website or any part thereof. The website, templates, graphics, and any programming code remain the property of HandymanJobLeads until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by HandymanJobLeads remain the copyright of HandymanJobLeads and may only be commercially reproduced or resold with the permission of HandymanJobLeads.
HandymanJobLeads cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
The client agrees to make available as soon as is reasonably possible to HandymanJobLeads all materials required to complete the site to the agreed standard and within the set deadline.
HandymanJobLeads will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed-upon deadlines. HandymanJobLeads will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
HandymanJobLeads will not be liable for any costs incurred; compensation or loss of earnings due to the work carried out on behalf of the client or any of the client's appointed agents.
HandymanJobLeads will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software, or any material provided by its agents.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HandymanJobLeads AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
3.1 Notice Specific to Software Available on this Website
Any software that is made available to download from the Services (
Software) is the copyrighted work of HandymanJobLeads and/or its suppliers.
Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (
An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, HandymanJobLeads HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, HandymanJobLeads MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. HandymanJobLeads DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
4. Domain Registration
HandymanJobLeads is affiliated with an accredited registrar by the Internet Corporation for Assigned Names and Numbers (
This Registration Agreement sets forth the terms and conditions agreed to between you (whether directly or through your agent, or as an agent for another person or entity), and HandymanJobLeads relating to the registration,
renewal, transfer, or modification of one or more .com, .net, .org, .info, or .biz domain name(s) in both roman-alphabet languages and non-roman alphabet languages
(i.e. Japanese, Korean, Chinese Traditional, and Chinese Simplified).
You agree that upon submission of your domain name registration application, domain name renewal application, or registrar transfer application, to pay us our then current service fees as set forth in our price schedule. We reserve the right to prospectively change our fees or to institute new fees at any time, for any reason, at our sole discretion and you agree to be bound by any fee increase. You agree to pay all value added, sales and other taxes (other than taxes based on HandymanJobLeads income) related to HandymanJobLeads services or payments made by you hereunder.
4.1.2 Refund Policy
Fees are Non-Refundable.
All fees are due at the time of registration and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.
4.2 Renewal Notice and Fees
Should you fail to renew or cancel your domain name registration by the expiration date, your domain name registration shall AUTOMATICALLY EXPIRE and you shall lose all rights in and to the expired domain name. Expired domain names are routinely deleted on a regular basis. There is no grace period and under no circumstances will HandymanJobLeads be able to renew the domain after the automatic expiration.
4.3 Required Information
During the domain name registration process, you must provide us with the following information:
(a) The domain name being registered; (b) The IP addresses and the names of the primary and secondary server for the domain name; (c) Your full name (or the name of the authorized person for contact purposes if the domain holder is an organization, association, or corporation), postal address, email address, voice telephone number, and fax number (if available) of the administrative contact for the domain name; (d) The full name, postal address, email address, voice telephone number, and where available, fax number for the administrative contact, technical contact and billing contact for the domain name.
You acknowledge and agree to immediately correct and update the registration information for any domain name registered hereunder during the registration term for such registered domain name. You also acknowledge and agree that when you renew a domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, we, in our discretion, may not renew your registration.
4.3.1 Disclosure of Third Party Information
If in applying for the registration of a domain name you are providing information about a third party, or if you license a domain name registered in your name to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.
4.4 Breach and Revocation
You agree that any website hosting account shall be subject to cancellation, suspension, transfer, or modification. You also agree that HandymanJobLeads has the right to suspend and/or cancel any website hosting account pursuant to a material breach of this Agreement. You further acknowledge and agree that HandymanJobLeads shall not be liable to you or to any third party for any such cancellation, suspension, or the discontinuance of HandymanJobLeads' services.
You acknowledge and agree that any of the following actions or in-actions shall constitute a material breach of this Agreement and shall be a sufficient basis for suspension of your Website Hosting Account:
(a) your willful provision of inaccurate or unreliable information; (b) your willful failure to promptly update billing and contact information you provided to us, (c) your failure to submit payment (for monthly fees, hosting, or any other service or product provided by HandymanJobLeads) for over thirty (30) calendar days or (d) your willful breach of the Agreement.
Nonpayment of any fees exceeding a thirty (30) day period will result in suspension of Website Hosting Account.
You agree that we reserve the right to cancel your website hosting account or other services if you (i) materially breach this Agreement and do not cure such breach within thirty (30) calendar days of notice; (ii) provide false or misleading information, or conceal or omit any information that we would likely consider material to our decision to reinstate your account; (iii) you fail to submit payment for services and/or products received within thirty (30) calendar days of account suspension; or (iv) you use your domain name in connection with unlawful activity.
Client shall be responsible for renewing any domain name registered hereunder and Registrant shall have no obligation to provide renewal services or to inform Client of any necessary renewals.
4.4.2 Domain Name Availability
Client represents, warrants, acknowledges and agrees that Registrant cannot guarantee that any desired name will be available for registration. Registrant is not responsible for any third party who may have registered or in the future may register any of the names desired by the Client or the assertion of any rights in and to such names by any third party.
You agree that, if you are registering, renewing, transferring, or modifying a domain name for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy. You accept liability for harm caused by wrongful registration, renewal, transfer or modification of a domain name. You agree that, if your agent (i.e. an Internet Service Provider, employee, etc.) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy. Your continued use of our services shall ratify any unauthorized actions of your agent. By using your login information, account number, or password, or otherwise purporting to act on your behalf, your agent certifies that he or she is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement and that he or she has apprised you of the terms and conditions of this Agreement, and that he or she is otherwise authorized to act on your behalf. In addition, you are responsible for any errors made by your agent.
4.6 Website Hosting Account Closure
If you choose to close your Website Hosting Account yet obtain possession of the registered domain associated with your closed account,
you may do so by (a) making a Formal Written Request and (b) paying a Service Fee in the amount of $35.00 in
certified funds, payable to:
Formal Written Request must include
proof of identity such as a photocopy of State Driver's license.
Formal Written Request containing proof of identity and Service Fee payment must be received within ten (10) days prior to the current expiration date found in the WHOIS database record.
If Formal Written Request is post-dated and received less than ten (10) days prior to expiration date (located in WHOIS database record),
then HandymanJobLeads will not be held responsible for the renewal or transfer of said domain name.
Client agrees that HandymanJobLeads will not be held responsible for the transfer of files from closed or cancelled Website Hosting Account.
4.7 Domain Name and Hosting Disclaimer
HandymanJobLeads MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION OR USE, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.
We disclaim any and all loss or liability to you, or any other person or entity, resulting from, but not limited to: (a) Suspension, loss, or modification of your domain name registration; (b) Use of your domain name registration; (c) Interruption of your business; (d) Access delays or access interruptions to any web sites accessed by your registered domain name; (e) Non-delivery, misdelivery, corruption, destruction or other modification of data; (f) Processing your domain name application or other service application; (g) Any errors, omissions or other actions by the registry administrator arising out of or related to your domain name application, registration, renewal, transfer, or failure to register, renew, or transfer a domain name; (h) Unauthorized use or misuse of your Account Name or Password; (i) Our processing of your application for our services, our processing of any authorized modification to your domain name record or your agents failure to pay any fees, including the initial registration, renewal, or transfer fee; (j) Deletion of or failure to store e-mail messages; or (k) Acts of God and events beyond HandymanJobLeads' reasonable control.
4.7.1 No Guaranty of Registration, Renewal, or Immunity from Objection
You acknowledge and agree that HandymanJobLeads cannot guarantee that you will be able to register or renew a desired domain name because our ability to provide services to you depends in part upon the provision of services by third parties, such as a registry. We cannot control and will not be responsible for the actions or inactions of such third parties. You acknowledge and agree that we shall not be liable to you or any other party in connection with claims, damages, losses, expenses or costs incurred or suffered by you as a result of actions taken or not taken by third parties. You agree that, by registration of your chosen domain name, such registration does not confer immunity from objection to either the registration or use of your domain name.
Registrant acknowledges and agrees that the Registrant shall not own any right, title or interest in and to any registered domain name pursuant to this Agreement and that the domain name registered for Client shall be owned by the Client and not by the Registrant.
Client acknowledges that this agreement can only be made as between the potential rights of Client and Registrant and that Registrant cannot represent that a third party will not have or claim right in and to any domain name that is registered under the terms of this Agreement.
The Client represents and warrants to HandymanJobLeads that the names provided on any preference list shall not infringe upon the trademarks or other proprietary rights of any other party and that the Client is the bona fide owner of all proprietary rights associated with each such name. Client acknowledges that Registrant has informed Client that a comprehensive common law trademark search should be performed prior to selecting any domain name for registration to determine whether such name could infringe upon the proprietary or trademark rights of any third party. The Client hereby represents, warrants and agrees that it has had a trademark search performed with respect to such name and that Client assumes any and all responsibility or liability that may arise from the registration and/or use of any domain name registered. Client shall indemnify and hold registrant harmless from and against any assertion of potential proprietary rights by any third party, including but not limited to attorney fees in addressing any such situation. Notwithstanding the above, HandymanJobLeads does not assume any responsibility for addressing any claimed infringement that may arise from the registration or use of any domain name that is registered.
4.8 User Conduct
A. User shall use website for lawful purposes only. User shall not post or transmit through website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without HandymanJobLeads' express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in HandymanJobLeads' discretion restricts or inhibits any other User from using or enjoying website will not be permitted. User shall not use website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with HandymanJobLeads.
B. HandymanJobLeads' website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of website are copyrighted as a collective work under the U.S. copyright laws. HandymanJobLeads owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of HandymanJobLeads and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of HandymanJobLeads' website, User automatically grants, or warrants that the owner of such material has expressly granted HandymanJobLeads the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants HandymanJobLeads the right to edit, copy, publish and distribute any material made available online by User.
4.9 Use of Services
User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Our website grants you a nonexclusive limited license to use the web templates and other products sold through our web site in accordance with these Terms and Conditions (the
license) issued by our company.
All Web Template Designs and graphics are the protected copyrighted property of HandymanJobLeads.
5.1 Limited Usage Granted
Permission to use these
Web Templates and
Graphics is granted by monthly subscription contract. Templates must be hosted on HandymanJobLeads web servers to be considered valid under this
Terms and Conditions contract. Transferring to any hosting provider other than HandymanJobLeads is considered a violation of this
Terms and Conditions contract. You may only use each individual product on a single website, belonging to either you or your client. Client must purchase same template again in order to make another project with the same design.
5.1.2 Acceptable Domain Usage
You represent and warrant that: (i) the domain name will be used primarily for bona fide business or commercial purposes and not (a) exclusively for personal use or (b) solely for the purposes of selling, trading or leasing the domain name for compensation, or the unsolicited offering to sell, trade or lease the domain name for compensation; and (ii) the domain name is reasonably related to your business or intended commercial purpose at the time of registration.
Client may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of HandymanJobLeads.
You may not sub-license, assign, or transfer this license to anyone else without prior written consent from our company.
5.3 Unauthorized Use
You will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the content, or any part of it, or share your rights under this Agreement, to others.
You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from our company.
You may not sub-license, assign, or transfer this license to anyone else without prior written consent from our company.
You will not give others access to your username and password.
You will not violate any laws, third party rights, or this Agreement. This includes, but is not limited to, not posting any material or content that is defamatory, harassing, belonging to someone else, and/or is of an obscene or pornographic nature.
You will not provide false or misleading information to us.
5.4 Consent to Use Information
When you communicate with us, send us information, or provide content to us or out website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise all copyright and publicity rights you have in the content, in any manner whatsoever, in any media now known or which may be created in the future, including in other works and forms not associated with this website.
6. Registration Information
You acknowledge and agree that in order for us to provide you our products and services, you must provide us with certain information and that we will maintain certain information about you and your registration.
6.1 Obligation to Provide Accurate Information
You acknowledge and agree that any of the following actions or in-actions shall constitute a material breach of this Agreement and shall be a sufficient basis for cancellation of your service contract.
We respect your interest in your privacy and as a result we have created this informational disclosure.
We collect and use personal information for many purposes, including but not limited to, billing; product and service fulfillment; to better understand our client needs; to provide a better website, products and services; to communicate with clients and potential clients regarding our products and services and third party products and services.
Generally, your private information will only be disclosed to our owners, employees, independent contractors, subsidiaries, partners, affiliates, attorneys, consultants, business associates, service providers, suppliers and agents, acting on our behalf or request. This general rule, and disclosures in specific situations, is more particularly described below.
7.1 Information Collected by our ISP
The hosting provider for this Internet site (as with any Internet site) has the ability to record various information, including domain name, pages accessed, date and time of access, web browser type and computer operating system, and referring information, and to disclose this information. This is most commonly done by providing access to raw server logs. For more information you should perform an Internet search on 'server logs' or 'raw server logs.' We may have access to our raw server logs and access reports prepared by our hosting provider.
7.2 Financial Information for Billing Purposes
We sell products and services. When sales are made financial information must be disclosed. This information can include any number of facts you are asked to provide, but most commonly includes your name, financial / credit card information, billing address, and email address. Generally, this purchase information will be provided by you to a third party payment processor and we do not receive your financial / credit card information. In the event we do receive financial / credit card information, we will not disclose it to anyone unless disclosure is required by law or a court order, or unless disclosure is required to address an issue implicated by the financial transaction. If you claim that your financial information was used to make a purchase you did not authorize, details about the financial transaction may be disclosed to law enforcement and anyone else we deem necessary to address the matter.
7.3 Use of Contact Information, Including Email Addresses
An important part of our services includes being able to provide information to you. As a result, you expressly consent to receiving communications from us via email, fax, telephone, mail, or any other delivery method.
As a client you are agreeing to receive information about the product or service you purchased. This may include, but is not limited to, information about product or service updates, new features, or information we believe you may find interesting.
We may also send you information about other products and services our company offers.
We will not sell, provide, or transfer your email address to others.
We may allow advertising to our clients, or engage in joint ventures, which result in your receiving advertisements from selected third parties.
7.4 Identification of Purchasers
If you purchase one of our products or services, you authorize us to use your name and identification information in advertising or promotions.
We also use personal information in an aggregate form (i.e., not individually attributable to you) for business analysis, operational, marketing and other promotional purposes.
7.6 Disclosure by Necessity
Private information may be disclosed if required by a court order, statute, law, or regulation.
Information is subject to disclosure to address a claim that you are violating the terms of any agreement pertaining to your use of your use this website or our products or services, or rights of any third party.
Information is also subject to disclosure if we believe that disclosure is necessary to identify, contact or bring an action against someone who may be causing injury to or interfering (either intentionally or unintentionally) with our rights or property, your rights or property, other users of our website, products or services, or anyone else.
As we continue to develop our business, we or our affiliates may sell or buy other businesses or entities, or we may merge with another company, or be bought by another company. In such transactions, personal information may be one of the transferred assets.
Your information may be stored and processed in any country in which we maintain facilities or conduct operations. By using our website, products and services, you consent to any such transfer of information outside of your country.
After your account becomes inactive your information may remain in our databases, computers, and archives, and cannot reasonably be expunged.
8. Agreement Terms
This Agreement in all respects shall be governed by and construed according to the laws of the State of California, to the exclusion of any other applicable body of governing law, without regard to conflicts of laws principles.
This Agreement is entered into in Los Angeles County, California. You consent to the exclusive jurisdiction of California for any dispute arising from or related to this Agreement. You agree that the exclusive venue for any dispute arising from or related to this Agreement will be a court located in Los Angeles County, California.
Should any term of this Agreement be declared void or unenforceable, that term shall be severed from the Agreement such declaration shall have no effect on the enforceability of the remaining terms.
This Agreement contains the complete and entire understanding and agreement between you and us and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.
This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.
You agree that this Agreement and the rules and policies incorporated in this Agreement are the entire, complete and exclusive agreement between you and us regarding our services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
8.1 Changes to HandymanJobLeads' Terms of Service
You agree that HandymanJobLeads, in its sole discretion, may modify this Agreement, from time to time, to comply with any additional rules or policies that may be required under HandymanJobLeads domain registry or hosting agreement, or to reflect changing business circumstances.
We will post any modifications to this Agreement on our Web site at least thirty (30) calendar days before it becomes effective. You agree to periodically review our Web site to be aware of any such modifications. No employee, contractor, agent or representative of HandymanJobLeads is authorized to alter or amend the terms and conditions of this Agreement. Your continued use of HandymanJobLeads as your domain name registrar or the continued use of any of HandymanJobLeads' subscriptions and/or services after modification(s) to this Agreement becomes effective, shall constitute your acceptance of the modification(s).
If you do not agree to such a modification, you may request in writing that your account be cancelled. No refunds, in whole or in part, will be provided for accounts that are cancelled. No provision of this Agreement may be amended or modified by you except by means of a written document signed by us.
No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of HandymanJobLeads.
Client agrees that the terms of this Agreement are severable. If any term or provision is declared invalid, it shall not affect the remaining terms or provisions, which shall continue to be binding.
9. Representations and Warranties
You represent and warranty to us that (i) the statements that you make in connection with the purchase of services and/or products from HandymanJobLeads and/or the registration, renewal, management,
or transfer of a domain name are complete and accurate, and that any future changes to this information will be provided to us in a timely manner;
(ii) to the best of your knowledge and belief, neither the registration of the domain name for which you have applied for, renewed, managed,
or transferred nor the manner in which you intend to use the domain name you applied for, renewed, managed, or transferred,
directly or indirectly infringes upon or otherwise violate the legal or equitable rights of any third party;
(iii) it is your responsibility to determine whether your domain name registration infringes or violates someone else's rights;
(iv) you are not registering, renewing, managing, or transferring the domain name for an unlawful purpose and you will not knowingly use the domain name in violation of any applicable laws or regulations;
(v) you are of legal age to enter into this Agreement; (vi) you agree to comply with all applicable laws and regulations and
(vii) you agree that your use of our service(s) is solely at your own risk and that all of our services are provided on an
as available basis.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.