WEBOnHD TERMS OF USE

Welcome to WebOnHD.

WebOnHD.com (the "Site") is operated by Broadband Software Inc. (WebOnHD), and materials on the Site are owned by WebOnHD and its licensors.

WebOnHD has created this Site for your personal enjoyment and entertainment. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use, which together constitute an Agreement between you and WebOnHD. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at help@WebOnHD.com. If you become aware of misuse of this Site by any person, please contact the Site Administrator at help@WebOnHD.com with your concerns.

WebOnHD may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Site at http://www.WebOnHD.com/terms.html. Any use by you following such posting will signify your agreement to such changes. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

WebOnHD may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. WebOnHD may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

You must be 13 years or older to use the Site.

ACCOUNTS AND REGISTRATION

WebOnHD may from time to time offer various features that require registration or the creation of an account. If at any time you choose to register or create and account with WebOnHD, the following terms and conditions also apply.

You also have to give us certain registration information, all of which must be accurate and updated. Various profile pages and account information pages will provide you with the ability to update your information. You are responsible for maintaining the confidentiality of your password, if any, which you will not have to reveal to any representative or agent of the Site. If any account that you have with WebOnHD permits you to make purchases or otherwise enter into any contracts or agreements, you will be responsible for all such activity undertaken under your password whether you have consented to the use of your password or not. It is critical that you not share your password.

You must notify help@WebOnHD.com of any known or suspected unauthorized use(s) of your account, or the Site, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your username and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at the Site’s sole discretion, and the Site may refer you to appropriate law enforcement agencies.

FEES AND PAYMENTS

WebOnHD reserves the right at any time to charge fees for access to portions of the Site or the Site as a whole. However, in no event will you be charged for access to the Site unless we obtain your prior agreement to pay such charges. Thus, if at any time the Site requires a fee for portions of the Site that are now free, the Site will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed.

COLLECTION AND USE OF PERSONAL INFORMATION

For information about WebOnHD’s collection and use of your personal information, including our policies and practices regarding the sharing of such information with third parties, please read the Privacy Policy located at http://www.WebOnHD.com/policy.html.

USE

Materials contained in this Site are protected by national and international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of WebOnHD or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited.

Requests for permission to reproduce or distribute materials found on this Site can be made by contacting WebOnHD in writing at:
WebOnHD
Attn: Webmaster
help@WebOnHD.com

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards, unlicensed merchandise and mash-ups, unless you have obtained the prior written consent of WebOnHD or unless it is expressly permitted by this Site in each instance. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

BULLETIN BOARDS, CHAT ROOMS AND BLOGS

You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site) (collectively "Content") to bulletin boards, chat rooms, blogs or other public areas within, or in connection with, this Site (collectively "Forums"). However, WebOnHD accepts no responsibility whatsoever in connection with or arising from such Content.

WebOnHD does not endorse and has no control over the Content submitted by others to Forums. Content submitted to Forums are not necessarily reviewed by WebOnHD prior to posting and do not necessarily reflect the opinions or policies of WebOnHD. WebOnHD makes no warranties, express or implied, as to the content in the Forums or the accuracy and reliability of any Content and other materials in the Forums. Nonetheless, WebOnHD reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Content for any reason at any time.

You are solely responsible for the Content you submit to Forums or to this Site. Please choose carefully the information you post on this Site and that you provide to other Forum members.

WebOnHD assumes no responsibility for actively monitoring Forums for inappropriate Content. If at any time WebOnHD chooses, in its sole discretion, to monitor the Forums, WebOnHD nonetheless assumes no responsibility for the content of the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any Message. In submitting Content to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that WebOnHD accepts no liability whatsoever if it determines to prevent your Content from being submitted or if it edits, restricts or removes your Content. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person.

The following is a partial list of the content that you are prohibited from posting to Forum or elsewhere on the Site. You agree that you will not submit Content to Forums that or otherwise use the Site in a manner that:

• discloses personally identifiable information, such as your full name, email address, telephone number or street address;
• is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages or is in pursuit of conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
• violates the copyright, trademark or other intellectual property rights of any other person. By submitting Content to Forums, you represent to WebOnHD that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
• transmits content that encourages or provides instructional activities about illegal activities, in particular hacking or phishing;
• solicits other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
• attempts to resell, redistribute, broadcast or transfer the information or use the information derived from the Site in a searchable, machine-readable database;
• uses the Sites to collect personally identifying information about users of the Site in violation of our Privacy Policy;
• disguises a file type to thwart our detection processes;
• attempt to gain unauthorized access to other computer systems or networks connected to the Site or portions of the Site which are not made available for general public access;
• that utilizes bots, spiders or disproportionately burdens the capacity of the system;
• improperly assumes or claim the identity, characteristics or qualifications of another person;
• is for purposes of spamming;
• contains any virus or other harmful component;
• is libelous, or an invasion of privacy or publicity rights or any other third party rights; or
• is for commercial purposes or contains advertising or is intended to solicit a person to buy or sell services or to make donations.

Despite these prohibitions on submitted Content, information provided by other Forum members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and WebOnHD assumes no responsibility or liability for this material. If you become aware of misuse of the Forums by any person, please contact help@WebOnHD.com.

You agree that any Content whatsoever submitted by you becomes the property of WebOnHD and may be used, copied, sublicensed, adapted, edited, transmitted, distributed, publicly performed, published, displayed or deleted as WebOnHD sees fit. You hereby assign all right, title and interest (including any copyright and any associated right to receive royalties for use in the past or future) to WebOnHD.

You agree to release WebOnHD, its parents and affiliates together with their respective employees, agents, officers, directors and members, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.

You are solely responsible for your interactions with other Forum members. WebOnHD reserves the right, but has no obligation, to monitor disputes between you and other Forum members. For your own protection, when using any Forum, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know, even outside of the Forum. Do not continue any conversation online that makes you feel uncomfortable.

EMPLOYMENT OPPORTUNITIES

WebOnHD may, from time to time, post WebOnHD employment opportunities on the Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to WebOnHD in response to employment listings, you are authorizing WebOnHD to utilize this information for all lawful and legitimate hiring and employment purposes. WebOnHD also reserves the right, at its sole discretion, to forward the information you submit to its parents, members, subsidiaries and affiliates for legitimate business purposes. Nothing in these Terms of Use or contained in the Site shall constitute a promise by WebOnHD to interview, hire or employ any individual who submits information to it, nor shall anything in these Terms of Use or contained in the Site constitute a promise that WebOnHD will review any or all of the information submitted to it by users.

UNSOLICITED SUBMISSIONS

Outside of the public areas where people may post Content which WebOnHD may or may not ever review, WebOnHD does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. WebOnHD policy is to simply delete any such submission without reading it or forwarding it to other WebOnHD staff. Therefore, any similarity between an unsolicited submission and any elements in any WebOnHD creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.

If unsolicited submissions are sent to WebOnHD via this Site, however, these submissions become the property of WebOnHD and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as WebOnHD sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against WebOnHD, its parents, members, subsidiaries or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

LINKED SITES AND ADVERTISING

In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or WebOnHD, including its respective employees, agents, directors, officers and members.
If WebOnHD has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that WebOnHD is connected with, operates or controls these web sites.

WebOnHD is not responsible for the content or practices of third party web sites that may be linked to this Site. This Site may also be linked to other web sites operated by companies affiliated or connected with WebOnHD. When visiting other web sites, however, you should refer to each such web site's individual "Terms of Use" and not rely on this Agreement.

WebOnHD takes no responsibility for third party content or advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.

When you click on a link within WebOnHD, WebOnHD will not warn you that you have left this Site and are subject to the terms and conditions (including privacy policies) of such other site. In some cases it may be less obvious than others that you have left this Site and reached a third party site. Please be careful to read the terms of use and privacy policy of any web site before you provide any confidential information or engage in any transactions. WebOnHD is not responsible for your activities on web sites other than this Site.

DISCLAIMER OF LIABILITY AND WARRANTIES

While WebOnHD does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.

WebOnHD reserves all control of the use and availability of this Site including:

• restricting the time of availability,
• restricting the availability and/or scope of the Site for certain platforms (i.e., computer types and operating systems),
• restricting the amount of use permitted, and
• restricting or terminating any user's right to use all or part of the Site, at any time in WebOnHD's sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the Site through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Site. You certify that you are an individual (i.e., not a corporation).

The Site, and all materials in this Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that WEBONHD DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.

You acknowledge that WebOnHD, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that WebOnHD is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.

You acknowledge that WebOnHD is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.

INDEMNITY

You agree to defend, indemnify and hold harmless WebOnHD, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

LIMITATION OF LIABILITY

In no event shall WebOnHD, its members, investors or subsidiary companies or its affiliates or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of the service or with the delay or inability to use the service, or for any information, software, products and services advertised in or obtained through the service, WebOnHD’s removal or deletion of any materials or records submitted or posted on its site, or otherwise arising out of the use of the service, whether based on contract, tort, strict liability or otherwise, even if WebOnHD or any of its subsidiary companies, affiliates or suppliers has been advised of the possibility of damages. This waiver applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any record. You specifically acknowledge and agree that WebOnHD, its members or investors or subsidiary companies, affiliates or suppliers shall not be liable for any defamatory, offensive or illegal conduct of any user of the service. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

TRADEMARKS

WebOnHD, the WebOnHD logo, and www.WebOnHD.com are trademarks of WebOnHD, and all other trademarks, service marks and trade names used on the Site are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of WebOnHD or the owner of such trademark, service mark or trade name.

TERMINATION

WebOnHD reserves the right to immediately terminate your use of, or access to, this Site at any time if WebOnHD decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that WebOnHD considers to be inappropriate or unacceptable.

You may terminate any account at any time through one of our self-serve menus (if available) or by sending e-mail to: help@WebOnHD.com with the type of account that you have and information regarding that account. You must provide us with a valid reply email address if you wish to terminate an account by email in the event that we require additional information to locate your account to terminate it. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended within 24 hours. You are responsible for any and all charges incurred (for products or services purchased) up to the time the account is deactivated.

OTHER

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

This Agreement is governed by, and construed in accordance with, the laws of the State of California without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of California or, if appropriate, the United States District Court for the Central District of California for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any material contained in this Site infringes your copyright, you should notify WebOnHD.com of your copyright infringement claim in accordance with the following procedure.

WebOnHD.com will process notices of alleged infringement which it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the "DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to WebOnHD.com's Designated Agent.

Service Provider(s): Broadband Software Inc.
Name/Contact Information of Designated Agent:
Copyright Agent
Broadband Software Inc.
info@broadbandsoft.com
Subject Line: WebOnHD DMCA
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online side are covered by a single notification, a representative list of such works at that site;
3. 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 the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider 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;
5. 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;
6. 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.

E-mails sent to dmca@WebOnHD.com without a proper subject line, or for purposes other than communication about copyright claims, may not be acknowledged or responded to.

EXPORT CONTROL

Unless otherwise specified, the materials on this Site are presented solely to for use in the United States, its territories, possessions and protectorates. This Site is controlled and operated by WebOnHD from its offices within the state of California, United States of America.

WebOnHD makes no representation that materials on this Site are appropriate or available for use outside the United States and authorizes no one to do so. Those who choose to access the Site in contravention of the foregoing from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.