SmartSite Registration
TERMS AND CONDITIONS
By registering to use the Telusys SmartSiteTM (hereinafter referred to as SmartSiteTM), Web site development program, a
wholly-owned software product of Telusys, Inc., the contracted and billable
party responsible for utilizing the SmartSiteTM product, hereinafter known as
the "client" or "Client" agrees to the following Acceptable Use Policy Terms
Agreement. Please read this document carefully and note that by registering
you are agreeing to these terms and conditions and the registration legally binds you to
the Acceptable Use Policy Terms Agreement, and violation of any of the terms
set forth in this document may terminate the client's use of the SmartSiteTM
software program.
ACKNOWLEDGMENT AND ACCEPTANCE OF THE SmartSiteTM SOFTWARE ACCEPTABLE USE POLICY TERMS
The Acceptable Use Policy Terms Agreement is between you (hereinafter known as
"Client" or "client") and Telusys, Inc. and sets forth the terms and conditions
governing your use of the SmartSiteTM Web site and our SmartSiteTM software
product. BY ACCESSING THE SITE, THE CLIENT ACCEPTS, WITHOUT LIMITATION OR
QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. Telusys, Inc.
reserves the right to change these terms and conditions at any time. All
changes posted to the terms and conditions are effective immediately. If the
client does not agree with any future change to this Agreement, they must
notify Telusys, Inc. after such change has been implemented.
THE SmartSiteTM SOFTWARE PRODUCT
Telusys, Inc. provides the client with the capability to create and manage a
completely template-driven Web site development program via the World Wide Web.
The client purchases the right to create a professional Web site using the
SmartSiteTM software program at any time from a single account residing on a
single computer.
In order to use the SmartSiteTM software, the client must be able to access the
World Wide Web. This may include access to a computer, modem or any other
necessary equipment. Connections to the Internet are not a part of this service
and Telusys, Inc. will not be responsible for the payment of fees associated
with establishing or maintaining such access. Inability to access the Internet
to use this product does not eliminate your monthly financial responsibility.
However, we will terminate the client's financial responsibility for the
product if the account is in good standing and the client sends notice in
writing via U.S. Postal Service or facsimile to Telusys, Inc., P.O. Box 399, Addison, IL 60101-0399, Attn: Customer Service,
Fax: 630-833-5303, requesting such
termination of the client's account.
ACCOUNT REGISTRATION
The client must provide the SmartSiteTM software with certain information in
order to register for SmartSiteTM software product (the "Registration
Information"). This Registration Information currently requires submission of
the following items:
a) a user name
b) a password
c) a valid email address
d) client's first and last name
e) client's company name, address, and phone number
f) payment information
Telusys, Inc. uses this information to communicate with its users. It is the
sole responsibility of the client to ensure that all Registration Information
is accurate and complete at all times. If any Registration Information provided
by the client is untrue, inaccurate, or not current or incomplete, Telusys,
Inc. has the right to terminate the client's account and refuse any and all
current or future use of the SmartSiteTM software product.
USER NAME AND SECURITY OF REGISTRATION INFORMATION
The client assigns a user name and password upon completing the registration
process and notified by e-mail of activation of the account. The client is
responsible for maintaining the confidentiality of their user name and password
and for any and all activities that occur under the client's password or
account. The client agrees to immediately notify Telusys, Inc. of any
unauthorized use of the client's account or any other security breach known to
the client. The client may request confirmation of their passcodes via the
SmartSiteTM Web site by supplying their registered e-mail address.
SmartSiteTM CONTENT AND GRAPHIC OWNERSHIP
All Content entered via Level I and Level II input templates will be owned
solely by the Member Web Site owner. HTML, the bi-product of the
template-driven input will be owned solely by Telusys. Telusys will grant a
non-exclusive, non-transferable license for the usage of the generated HTML
upon the termination of a SmartSiteTM account that is in good standing and that has not
violated the terms and conditions of the SmartSiteTM Web site development program.
Upon the termination of a SmartSiteTM account that is in good standing,
Levels I, II, and III content and graphics may
be moved to a provider of the client's choosing if the one-time development charge is
paid in full and the hosting/e-mail fees are current. Sitemanager 2.0 programs,
the administrative system for creating your SmartSiteTM, are not transferable
and feature a site license for hosted usage only.
Members participating in the program will own and retain all rights, including
copyrights, in and to all Web site Content they supply. "Content" being
defined as all graphics, HTML files, and Adobe Acrobat PDF files, and their
equivalents, comprising the Web site. Any and all Content supplied or
generated for the Member Web Site owner, via the Web Site Development Program,
shall remain the property of Telusys. Members shall at no time make any claims
regarding the copyright ownership of any Telusys Content and graphics, and the
"look and feel" of any existing Telusys software product or service or any
Telusys software product or service developed during the time period that the
contract is in force.
Members participating in the program that request a copy of their Web site
Content, at the termination of a contract in good standing, will be supplied a
copy of their Web site Content on CD-ROM for a fee of $50.00. Level I and
Level II members will be granted a non-exclusive, non-transferable license for
the usage of any Content generated or supplied by Telusys through the use of
the Web Site Development Program software, at the termination of a contract,
for the sole usage of the continued operation of their individual or corporate
Web sites. The generated and supplied Content, which includes elements that
are shared or common among members participating in the program may not be used
in any Web site other than the member's individual or corporate Web site. Level
III members will be granted a non-exclusive, non-transferable license for the
usage of Sitemanager 2.0 programs as long as the member Level III Web site
resides on Telusys' servers and the account is paid up in good standing.
TRAINING
Telusys, Inc. makes an instruction manual available to all SmartSiteTM clients. The instruction manual is accessible from every template page on the SmartSiteTM. SmartSiteTM registration includes 5 e-mail Customer Service Support sessions at no charge for the registrant. It is recommended that extended Customer Service Support is purchased.
Customer Service Support Options and Pricing
E-Mail Support: 10 Customer Service Support E-Mail Sessions: $150.00
Telephone Support: Toll-Free Customer Service Support Session: $35.00 per .25 hr.
ADDITIONAL TELUSYS SERVICES
Telusys, Inc. provides full-service support, database development and graphic development services to the SmartSiteTM program. Please use the "Support" navigation button on the home page of the SmartSiteTM for more information about our services
Monthly Web Site Maintenance Agreement: $50.00 per month
Includes content updates only. Web site updates will only be accepted from the registered SmartSite account contact. The SmartSite account contact will be
the only individual supported and authorized to submit content update requests or content related inquiries.
Database Program Development and Updates: $187.50 per hour
Graphic Design and Development: $75.00 per hour; Flash Development $125.00 per hour
OUTSIDE THIRD AND FOURTH PARTY DEVELOPERS AND CLIENT SUBCONTRACTORS
The client understands that Telusys, Inc. will not allow third and fourth party developers to access the SmartSiteTM program to perform updates or attempt to change SmartSiteTM page structure, content or page graphics or linkages aiming to divert visitors from the client SmartSiteTM to another Web server. There will be no FTP access granted or allowed on the SmartSiteTM under any conditions.
Further, we will not extend Customer Service Support to third and fourth party developers or subcontractors. Violation of these conditions may result in cancellation of your contract for the SmartSiteTM. If you have any questions about the SmartSiteTM Terms and Conditions please contact our Customer Service e-mail box at: service@telusys.net.
PRIVACY
Telusys, Inc. considers the content that the client includes on any SmartSiteTM
to be the client's private information unless otherwise agreed upon. Telusys,
Inc. will not edit or disclose information about the client or the client's
private content, except that the client agrees that Telusys, Inc. may do so in
accordance with its then-current privacy policy or in the good faith belief
that such action is reasonably necessary:
(a) to comply with any laws, rules or regulations;
(b) to comply with any legal process;
(c) to enforce this Agreement;
(d) to respond to claims that such data violates the rights of third parties; and
(e) to protect the interests of Telusys, Inc. or others.
The client acknowledges and agrees that Telusys, Inc. may access any content,
data statistics and other tools of the SmartSiteTM software product as
necessary to identify or resolve technical problems or to respond to service
complaints. The client acknowledges and agrees that certain technical
processing of information is and may be required in the ordinary course of
business.
The client acknowledges and agrees that Telusys, Inc. is not responsible or
liable for the content, usage, information and data collected from any forms
created using the SmartSiteTM software product. The client agrees not to
solicit or collect through the SmartSiteTM Web site, among other items:
personally identifiable information about children under the age of 18; credit
card data, credit card numbers or financial or credit histories of individuals;
social security numbers; information on sexual orientation or behavior;
sexually explicit, pornographic, harassing, abusive, harmful or obscene
information; information on an individual's health status; racist or sexist
information; stolen or fraudulent information; information related to illegal
gambling, sweepstakes or other games of chance; information or content that
infringes on the intellectual property rights of another third party; or any
otherwise illegal information. If you are under the age of 13, you may not post
or submit any personally identifiable information about yourself on the Web
site.
TERMINATION OF SERVICE
The client agrees that Telusys, Inc. may terminate the client's password,
account or use of the SmartSiteTM software product if the account is not in
good standing, or if the client fails to abide by the Acceptable Use Policies
contained herein. Telusys, Inc. may terminate the SmartSiteTM contract with the
client if it believes: (a) that the client has violated or acted inconsistently
with this Agreement; (b) that the client is not in compliance with the
SmartSiteTM software's privacy policy or that the client has violated the
rights and copyrights and trade secrets of Telusys, Inc. or other users or
parties.
The client acknowledges and agrees that any termination of the SmartSiteTM
software product under any provision of this Agreement may be effected without
prior notice, and the client further acknowledges and agrees that Telusys, Inc.
may immediately delete and discard all information and files in the client's
account and deny any further access to such files or the SmartSiteTM software
product.
REFUND POLICY
The SmartSiteTM Level I, II, and III development fees are non-refundable.
Ongoing hosting/e-mail fees are charged on a monthly basis and can be
discontinued by the member by notifying Telusys of their intention on or before
the last day of the month. Members with prepaid hosting/e-mail fees, whose
accounts are in good standing, can obtain a refund of their unused
hosting/e-mail fees by making a request in writing. Refunds will be processed
and paid by check within 45 days of receipt of the request.
LIMITATION OF LIABILITY
Telusys, Inc. WILL NOT BE LIABLE FOR ANY DAMAGES INCURRED IN CONNECTION WITH
THE USE OF THE SmartSiteTM SOFTWARE PRODUCT. THIS INCLUDES ANY DIRECT,
INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES THAT MAY ARISE FROM THE USE OF
THE SmartSiteTM SOFTWARE PRODUCT, THE FAILURE OF THE SmartSiteTM SOFTWARE
PRODUCT, OR THE TERMINATION OF THE ACCESS TO THE SmartSiteTM SOFTWARE PRODUCT.
THIS LIMITATION OF LIABILITY WILL ALSO APPLY TO ANY LOSS OF DATA, INFORMATION
OR CONTENT THROUGH FAILURE OF THE SmartSiteTM SOFTWARE PRODUCT OR INTERRUPTION
OF TRANSMISSION. Telusys, Inc. WILL NOT BE LIABLE FOR ANY HARM OR LOSS ARISING
FROM UNAUTHORIZED ACCESS TO DATA, INFORMATION OR TRANSMISSION, INCLUDING, BUT
NOT LIMITED TO TANGIBLE OR INTANGIBLE LOSS OF REVENUES, PROFITS, DATA OR
INFORMATION.
THE CLIENT AGREES THAT Telusys, Inc. IS NOT LIABLE FOR ANY DAMAGES ARISING FROM
THE INTERRUPTION, CANCELLATION OR SUSPENSION OF THE SmartSite(tm) PRODUCT,
REGARDLESS OF WHETHER THE FAILURE OF THE SmartSite(tm) PRODUCT IS ANNOUNCED,
JUSTIFIED, INTENTIONAL, UNINTENTIONAL OR NEGLIGENT.
GENERAL DISCLAIMER
Telusys, Inc. PROVIDES THE SmartSiteTM SOFTWARE PRODUCT "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY
LAW. Telusys, Inc. FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND
IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Telusys, Inc. DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE FUNCTIONS CONTAINED
IN THIS SITE OR ITS CONTENT OR THAT THE SmartSiteTM WEB SITE OR ITS SERVERS
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE CLIENT UNDERSTANDS AND REPRESENTS THAT ALL DATA, INFORMATION OR OTHER
MATERIAL COLLECTED THROUGH THE SmartSiteTM SOFTWARE PRODUCT ARE THE SOLE
RESPONSIBILITY OF THE CLIENT. Telusys, Inc. IS NOT RESPONSIBLE FOR ANY LOSS OF
DATA OR HARM DONE TO THE CLIENTS COMPUTER(s), SYSTEMS OR OTHER EQUIPMENT IN
CONJUNCTION WITH USE OF THE SmartSiteTM SOFTWARE PRODUCT. YOU UNDERSTAND AND
AGREE THAT USE OF THE SmartSiteTM SOFTWARE PRODUCT IS DONE AT YOUR OWN RISK AND
DISCRETION.
NO RESALE OF THE SERVICE
The client's right to use the SmartSiteTM software product is granted to the
client on a non-exclusive basis and the client may not resell all or any
portion of the SmartSiteTM software product or its usage. The client agrees not
to reproduce, duplicate, copy, sell, or resell the SmartSiteTM software
product, reports, files or data, or the client's use of or access to the
SmartSiteTM software product to any unregistered or unauthorized persons. Known
or suspected violations will be grounds for immediate termination of the
client's use and access to the SmartSiteTM software product, files and
accumulated stored data.
DATA STORAGE
The client understands and agrees that all data collected using the SmartSiteTM
software product will be stored on Telusys, Inc. servers. Telusys, Inc. assumes
no responsibility for the deletion or failure to store any data or other
information included by the client on the SmartSiteTM software product.
Telusys, Inc., at our sole discretion, may establish an upper limit on the
amount of memory and the number of records the client may store through the
SmartSiteTM software product. As Telusys, Inc. determines in its sole
discretion, additional storage may be purchased for a fee. The client will not
be charged any fees for additional storage without prior advisement and
consent.
YOUR CONDUCT
The client agrees to abide by all Telusys, Inc. standards and applicable local,
state, national and international laws and regulations in your use of the
SmartSiteTM software product, and the client agrees not to interfere with the
use and enjoyment of the SmartSiteTM software product by other users. The
client agrees to be solely responsible for the actions and the contents of
entries through the SmartSiteTM software product.
The client agrees:
(1) not to use the SmartSiteTM product for illegal purposes;
(2) not to use the SmartSiteTM Email account(s), Web site or the SmartSiteTM
software product for chain letters, junk mail, "spamming" solicitations
(commercial or otherwise) or bulk communications of any kind, and
(3) to comply with all regulations, policies and procedures of networks
connected to the SmartSiteTM software product. The client agrees not to post,
promote or transmit through the SmartSiteTM software product any unlawful,
harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful,
racially, ethnically or otherwise objectionable material of any kind or nature.
The client further agrees not to transmit or post any material that encourages
conduct that could constitute a criminal offense, give rise to civil liability
or otherwise violate any applicable local, state, national or international law
or regulation. Telusys, Inc. may, at its sole discretion, immediately terminate
your access to the SmartSiteTM software product should your conduct fail to
conform to these terms and conditions.
INDEMNIFICATION
The client agrees that Telusys, Inc. will not be held responsible for any
claims, damages, demands or fees arising out of the client's violations of
these terms and conditions, Telusys, Inc.'s privacy policy or infringements on
the rights of any third parties as a result of the client's use of the
SmartSiteTM Web site or the SmartSiteTM software product. The client also
agrees to indemnify Telusys, Inc. and its officers, directors, employees,
agents, and partners for any and all claims that may arise.
PROPRIETARY RIGHTS TO SOFTWARE
The client is only permitted to use SmartSiteTM software product as expressly
authorized by Telusys, Inc., and may not copy, reproduce, distribute, analyze,
compare, demonstrate, reverse engineer, screen capture, print screen pages for
purposes of distribution, or create derivative works from this SmartSiteTM
software product without express authorization from Telusys, Inc.
WEB SITES OR EMAIL UTILIZING SmartSiteTM SOFTWARE
Telusys, Inc. does not review or monitor any client Web sites or email messages
that utilize the SmartSiteTM software product and is not responsible for the
content of any such Web sites or email messages.
DATA LOSS
The SmartSiteTM software passcodes are issued to each client that generates an
email. The client is responsible for keeping these codes secure. Do not share
your passcodes with another person. Telusys, Inc. will not be responsible for
data loss resulting from misuse of the SmartSiteTM software or passcodes.
SYSTEM INTEGRITY
The client shall not use any device, software or routine to interfere or
attempt to interfere with the proper working of the SmartSiteTM Web site and
the SmartSiteTM software product or any transaction conducted on our Web site.
The client may not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure. You may not disclose or
share your password with any third parties or use your password for any
unauthorized purpose.
The SmartSiteTM Web site contains robot exclusion headers, and the client
agrees that they will not use any robot, spider, other automatic device, or
manual process to monitor or copy the SmartSiteTM Web pages or the content
contained therein without prior written permission of Telusys, Inc. The client
agrees that they will not use any device, software or routine to interfere or
attempt to interfere with the proper working of the SmartSiteTM Web site or the
SmartSiteTM software product.
GOVERNING LAW
The laws of the State of Illinois shall govern this Agreement and the
relationship between the client and Telusys, Inc. The client agrees that any
grievances shall be settled according the procedures and laws within this
jurisdiction. The client further agrees that any claim, cause or action related
to the SmartSiteTM software product or this Agreement must be filed within one
(1) year after such claim arose.
The headings employed to describe the sections of this Agreement are solely for
descriptive purposes. They do not imply or refer to a specific legal
description or obligation.
CONTACT INFORMATION
Any questions or comments can be directed to: smartsite@telusys.net.
REV. #1: 121704
REV. #2: 122704
©Copyright 1992-2010 Telusys, Inc. All Rights Reserved.
|
