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Please read the following agreement
(the ¡°Terms¡±) carefully. They explain
the policies and rules related to
use of our site (the ¡°Site¡±). By accessing,
using or downloading materials from
the Site or by completing the Registration(sign
up)process and clicking the ¡° Sign
up¡± on www.InternetWebSystem.com you
are stating that you are at least
18 years old or a minor whose parent
is allowing You to use our Site, and
that you agree with Beijing Xiao Tian
Shi Technology co.,ltd. (¡°us¡±, ¡°we¡±,
¡°our¡± or ¡°Web DIY online edit and
maker of www.InternetWebSystem.com¡±)
to the following Terms. If you do
not agree with the Terms then you
should not use or access this Site.
¡°You¡± refers to you, the user, together
with any company or other business
entity you are representing.
1.
Registration(sign up)
You can easily begin using our
Site by filling out our one page membership
form. In registering with us, you
agree to provide accurate, current
and complete information about yourself,
and to update that information if
it changes; if you don't, we have
the right to close your account and
any web pages created under your account.
As part of the Registration(sign
up)process, you will choose a password.
It is your responsibility to keep
this password confidential. You are
responsible for all actions taken
under your password. If you find out
that your password or account is being
used by someone without your consent,
or you discover any other breach of
security, you agree to notify us immediately
at security@InternetWebSystem.com.
2.
Charges and Billing
Web DIY online edit and maker
of www.InternetWebSystem.com reserves
the right to charge fees for the Service
or any portion thereof. Any applicable
fees quote can be gained by seeding
mail to Fees@InternetWebSystem.com
. If you are required to pay a fee
for all or any part of the Service
for which you have chosen to register,
you hereby authorizes Web DIY online
edit and maker of www.InternetWebSystem.com
to charge your credit card in advance
for all applicable fees incurred by
you in connection with your chosen
Service and your Account. You hereby
acknowledges that in most cases, Web
DIY online edit and maker of www.InternetWebSystem.com
will be charging your designated credit
card in accordance with the payment
schedule of the Service for which
you have registered, but some charges
may accumulate on your credit card
account before they are charged to
your credit card account. You further
acknowledge that it is your responsibility
to notify Web DIY online edit and
maker of www.InternetWebSystem.com
of any changes to your credit card
or if your credit card has expired
otherwise your access to the Service
may be disconnected or interrupted.
All fees shall be paid in U.S. dollars
or Europe dollars.
Web DIY online edit and maker
of www.InternetWebSystem.com reserves
the right to change any fees (which
includes, but is not limited to, charging
a fee for packages, options, upgrades
and/or a Service for which Web DIY
online edit and maker of www.InternetWebSystem.com
does not currently charge a fee) or
billing methods at any time, provided,
however, that such modifications shall
not take effect earlier than try out
days after Web DIY online edit and
maker of www.InternetWebSystem.com
posts such modification on the Web
DIY online edit and maker of www.InternetWebSystem.com
Web Site. Web DIY online edit and
maker of www.InternetWebSystem.com
also has the right to collect applicable
taxes and impose premium surcharges
for some areas of the Service and
these surcharges may apply immediately
after you register for the Service.
The answer to many common billing
questions can by found by logging
in to Member's Account and going to
the Account page. As set forth in
Section 9 of this Agreement, you may
cancel your Account at any time, but
Web DIY online edit and maker of www.InternetWebSystem.com
will not refund any remaining portion
of your pre-paid fees when you cancel
your Account.
You agree to pay your Account
balance on time. You also agree to
pay any taxes, including sales or
use taxes, resulting from your use
of the Service. Amounts not paid by
you to Web DIY online edit and maker
of www.InternetWebSystem.com when
due will be assessed an additional
1.5% (or the highest amount allowed
by law, whichever is lower) per month
if your payment is more than try out
days past due. That amount is also
due immediately. You are responsible
and liable for any fees, including
attorney and collection fees, that
Web DIY online edit and maker of www.InternetWebSystem.com
may incur in its efforts to collect
any remaining balances due from you.
This Section 2 shall in no way limit
any other remedies available to Web
DIY online edit and maker of www.InternetWebSystem.com.
You also acknowledge and agree that
you will be billed for and will pay
any outstanding balances if you cancel
your Account or your Account is terminated.
You must notify Web DIY online edit
and maker of www.InternetWebSystem.com
of any billing problems or discrepancies
within sixty (60) days after they
first appear on your credit card account
statement. If you do not notify Web
DIY online edit and maker of www.InternetWebSystem.com
within sixty (60) days, you waive
any right to dispute such problems
or discrepancies.
3.
Powered by EMBbiz.net
You understand that the phrase
¡°Powered by EMBbiz.net¡± will be placed
in the footer to each and every web
page generated and transmitted by
Web DIY online edit and maker of www.InternetWebSystem.com¡¯s
System to do this.
4.
Reference to Your Site
You agree to allow Web DIY online
edit and maker of www.InternetWebSystem.com
to announce our customer relationship
with you in a press release or similar
distribution. This includes allowing
us to profile and link to your Site
in any Web DIY online edit and maker
of www.InternetWebSystem.com communication.
5.
Web DIY online edit and maker of www.InternetWebSystem.com
Directory
You agree to allow Web DIY online
edit and maker of www.InternetWebSystem.com
to list your site in the Web DIY online
edit and maker of www.InternetWebSystem.com or
www.EMBbiz.net
directory without your permission
unless otherwise agreed upon. It is
your responsibility to contact Web
DIY online edit and maker of www.InternetWebSystem.com
at support@InternetWebSystem.com.
to have your site unlisted.
6.
Privacy
At Web DIY online edit and maker
of www.InternetWebSystem.com, we respect
the privacy of our members. You agree
that Web DIY online edit and maker
of www.InternetWebSystem.com may disclose
information we have collected from
you and/or content you have made available
on our site when Web DIY online edit
and maker of www.InternetWebSystem.com
believes in good faith that the law
requires it, or to protect the rights
or property of Web DIY online edit
and maker of www.InternetWebSystem.com
or its visitors, or as otherwise stated
in the Privacy Policy. For more details,
please see our Privacy Policy. Our
Privacy Policy is deemed to be part
of these Terms.
While we do our utmost to safeguard
your information, please remember
that privacy over the Internet cannot
be guaranteed, and keep this in mind
when deciding what information to
transmit or broadcast through Web
DIY online edit and maker of www.InternetWebSystem.com's
Site.
7.
Member Conduct
In general, we do not screen
or edit information transmitted or
shared by members on our site, but
we reserve the right (but have no
duty) to monitor, to remove any objectionable
information, and to remove any web
pages from our system at any time,
without notice, at our sole discretion.
To help ensure that everyone's experience
at Web DIY online edit and maker of
www.InternetWebSystem.com is a positive
one, we have certain rules for conduct,
which you must agree to in using our
Site. You agree to:
Follow all of your local, provincial/state,
national and international laws and
regulations.
Be responsible for all information,
data, text, software, music, sound,
photographs, images, graphics, video,
messages or other material (¡°Content¡±)
that occur under your account or password,
including any Content transmitted
or broadcast through your account.
Comply with all applicable laws regarding
the transmission of technical or other
data exported from the country in
which you reside.
You also agree that you will not:
- upload, post
or transmit through your Web DIY
online edit and maker of www.InternetWebSystem.com
Site any unlawful, harassing (including
¡°stalking¡±), pornographic, abusive,
threatening, harmful, obscene, libelous,
tortuous, defamatory, vulgar, invasive
of another¡¯s privacy, hateful, excessively
violent or racially, ethnically
or otherwise objectionable content.
Pornographic material includes genitalia
and/or female breasts being displayed
as well as sexual acts. Exceptions
can be made with our prior consent.
For example, we may consent to a
site that teaches how to breast
feed. If you feel that your site
may be an exception, please send
us an e-mail stating your case at
complaints@InternetWebSystem.com.
- copy, broadcast,
distribute, or otherwise use any
content provided by others, in a
manner that is unlawful, harassing,
abusive, threatening, harmful, obscene,
libelous, tortuous, or otherwise
objectionable on your Web DIY online
edit and maker of www.InternetWebSystem.com
Site.
transmit any content that might
infringe the intellectual property
rights, privacy rights, rights of
publicity, or other proprietary
rights of others.
- copy, broadcast,
distribute, or otherwise use any
content provided by others, in a
manner that infringes the intellectual
property rights, privacy rights,
rights of publicity, or other proprietary
rights of others.
interfere with or disrupt Web DIY
online edit and maker of www.InternetWebSystem.com's
Site, services, computer systems,
servers or networks, or violate
the regulations or policies of such
networks.
- transmit any
content containing viruses, trojan
horses, worms, time bombs, cancelbots,
or any other harmful programs.
attempt to gain unauthorized access
to Web DIY online edit and maker
of www.InternetWebSystem.com's Site
or services, others' accounts, private
web sites, or computer systems or
networks connected to Web DIY online
edit and maker of www.InternetWebSystem.com's
Site, through password mining or
otherwise.
engage in any systematic extraction
of data or data fields, including
without limitation e-mail addresses.
frame the Site in any way or otherwise
attempt to defeat, modify or bypass
any pages or functionality of the
Site.
collect information about others
without their consent.
- provide false
information on your Registration(sign
up)form, impersonate any person
or the voice of any person, or otherwise
attempt to mislead others about
your identity or affiliation with
a person or entity or the origin
of a message or other communication.
transmit junk mail, spam, chain
letters, or other unsolicited bulk
e-mail or duplicative messages.
- copy audio content
without the permission of all parties
to the conversation.
- sell access to
or use of any services available
on Web DIY online edit and maker
of www.InternetWebSystem.com's Site.
- interfere with
anyone's use or enjoyment of Web
DIY online edit and maker of www.InternetWebSystem.com's
Site.
- Harm minors in
any way.
- Promote or provide
instructional information about
illegal activities, promote physical
harm or injury against any group
or individual, or promote any act
of cruelty to animals. This may
include, but is not limited to,
providing instructions on how to
assemble bombs, grenades and other
weapons and creating ¡°Crush¡± sites.
- use your home
page (or directory) as storage for
remote loading or as a door or signpost
to another home page, whether inside
or beyond our Site.
8.
Third Party Content
For your convenience, the Service,
which includes the Web DIY online
edit and maker of www.InternetWebSystem.com
Web Site, contains products, services,
content and information from third
party providers (which includes advertisers
and affiliates) and/or links to their
Web sites ("Third Party Content").
Such Third Party Content is not under
the control of Web DIY online edit
and maker of www.InternetWebSystem.com
and Web DIY online edit and maker
of www.InternetWebSystem.com is not
responsible for such content, including,
without limitation, any link contained
in such content, or any changes or
updates to such content. Web DIY online
edit and maker of www.InternetWebSystem.com
is under no obligation, but does reserve
the right to pre-screen Third Party
Content available on the Service and
does not assume any responsibility
or liability for the content provided
by others. Web DIY online edit and
maker of www.InternetWebSystem.com
is providing such Third Party Content
to you only as a convenience, and
the inclusion of such content does
not imply endorsement by Web DIY online
edit and maker of www.InternetWebSystem.com
of such content or the affiliate or
advertiser. You may be subject to
additional and/or different terms,
conditions, and privacy policies when
using third party products, services,
content, software, or sites. Web DIY
online edit and maker of www.InternetWebSystem.com
does reserve the right to remove content
that, in Web DIY online edit and maker
of www.InternetWebSystem.com's judgment,
does not meet its standards, but Web
DIY online edit and maker of www.InternetWebSystem.com
is not responsible for any failure
or delay in removing such material.
Web DIY online edit and maker
of www.InternetWebSystem.com is not
and will not be responsible for (i)
the terms and conditions of any transaction
between you and any third party, (ii)
any insufficiency of or problems with
any such third party's background,
insurance, credit or licensing, or
(iii) the quality of services performed
by any such third party or any other
legal liability arising out of or
related to the performance of such
services. In the event that you have
a dispute with any such third party,
you release Web DIY online edit and
maker of www.InternetWebSystem.com
(and its affiliates, suppliers, agents
and employees) from any and all claims,
demands and damages (actual and consequential)
of every kind and nature, known and
unknown, suspected and unsuspected,
disclosed and undisclosed, arising
out of or in any way connected with
such disputes.
9.
End Users to Your Site
Your relationship with your end
users, ¡°End Users¡± in this Agreement
referring to any user who visits your
Site and uses the Web DIY online edit
and maker of www.InternetWebSystem.com
Service, is independent from Web DIY
online edit and maker of www.InternetWebSystem.com.
Web DIY online edit and maker of www.InternetWebSystem.com
will be not be held liable for any
disagreements between you and your
End Users and will not get involved
with any disputes arising from your
relationship.
10.
Cancellation/Termination
Either you or Web DIY online
edit and maker of www.InternetWebSystem.com
may terminate or cancel your account
at any time. You understand and agree
that the cancellation of your account
is your sole right and remedy with
respect to any dispute with Web DIY
online edit and maker of www.InternetWebSystem.com.
You also agree that Web DIY online
edit and maker of www.InternetWebSystem.com
may close your account and prevent
you from using our site for violating
any of our Terms of Service, or for
any other reason, at any time, at
Web DIY online edit and maker of www.InternetWebSystem.com's
sole discretion, without prior notice
to you. In most instances, however,
Web DIY online edit and maker of www.InternetWebSystem.com
will review a web site and if it is
found to be in violation of any of
our rules, you will be given a warning.
If the web site continues to violate
our rules, the site will be deleted.
11.
Storage of Content
The storage space per web site
is limited, so it is possible that
some messages or other content you
transmit may not be processed due
to space constraints, or will not
be stored for a long time. You agree
that Web DIY online edit and maker
of www.InternetWebSystem.com is not
responsible or liable for deleting
or failing to store any content.
12.
Maintenance and Updates
Web DIY online edit and maker
of www.InternetWebSystem.com reserves
the right to interrupt service no
more than five (5) percent of the
year for maintenance and updates to
our site. This service interruption
does not include power outages, service
loss or any other reasons as listed
in Section 21 Force Majeure.
13.
Indemnification
You agree to indemnify and hold
Web DIY online edit and maker of www.InternetWebSystem.com
and its suppliers, affiliates, partners,
subsidiaries and employees (collectively,
the "Indemnified Parties")
harmless from any and all claims and
demands, losses, liability costs and
expenses (including, but not limited
to, reasonable attorneys' fees), incurred
by an Indemnified Party arising out
of or related to (i) your breach of
this Agreement; (ii) any information
(including but not limited to your
data and your publicly posted information)
submitted, posted, or otherwise provided
by you at your Site and/or to Web
DIY online edit and maker of www.InternetWebSystem.com
and/or its affiliates; (iii) any dispute
or litigation between an Indemnified
Party and a third party caused by
your actions; and (iv) your negligence
or violation or alleged violations
of any rights of another. These obligations
will survive any termination of your
relationship with Web DIY online edit
and maker of www.InternetWebSystem.com
or your use of the Service. To the
fullest extent permitted by law, the
foregoing indemnity will apply regardless
of any fault, negligence, or breach
of warranty or contract of Web DIY
online edit and maker of www.InternetWebSystem.com
and/or its suppliers, affiliates,
partners, subsidiaries and employees.
14.
Indemnification by Customer
You will defend, indemnify and
hold Web DIY online edit and maker
of www.InternetWebSystem.com harmless
from and against any and all liabilities,
losses, damages, costs and expenses
(including reasonable legal fees and
expenses) associated with any claim
or action brought against Web DIY
online edit and maker of www.InternetWebSystem.com
that arises directly or indirectly
from you or your end-users, or the
content of such end-user¡¯s web site,
contrary to the provisions of this
Agreement, including claims based
on representations, warranties, or
misrepresentations made by you, provided
that Web DIY online edit and maker
of www.InternetWebSystem.com promptly
notifies you in writing of the claim
and allows you to control and fully
cooperate with you in the defense
and all related settlement negotiations.
You shall be relieved of its indemnification
obligations under this Agreement to
the extent it is actually prejudiced
by Web DIY online edit and maker of
www.InternetWebSystem.com¡¯s failure
to provide such notice or cooperation.
You shall have no liability for any
settlement or compromise made without
its prior written consent, although
such consent not to be unreasonably
withheld.
15.
Changes to Terms of Use
Web DIY online edit and maker
of www.InternetWebSystem.com reserves
the right at any time and from time
to time to modify or discontinue,
temporarily or permanently, the service
(or any part thereof) with or without
notice. You should periodically review
these Terms for changes. Your continued
use of the Site and the services following
the posting of any changes confirms
your agreement with such changes.
You agree that Web DIY online edit
and maker of www.InternetWebSystem.com
shall not be liable to you or to any
third party for any modification,
suspension or discontinuance of the
service.
16.
Proprietary Rights to Content
You agree that Content presented
through our Site by Web DIY online
edit and maker of www.InternetWebSystem.com,
its advertisers, or others, including
all text, graphics, logos, button
icons, images, audio files, software,
data compilations and other intellectual
property, is owned by Web DIY online
edit and maker of www.InternetWebSystem.com
or its licensees and is protected
by copyright, trade-mark, service
mark, patent, or other proprietary
rights and laws. You agree not to
otherwise copy, change, upload, transmit,
sell or distribute any content available
through Web DIY online edit and maker
of www.InternetWebSystem.com's Site,
including code and software, except
standard page caching which occurs
in the normal course of browsing.
By way of example, you agree not to
use any tradenames or trademarks displayed
on any other web site you operate
such as in the meta-data of such web
site. Except as expressly authorized
by Web DIY online edit and maker of
www.InternetWebSystem.com or advertisers,
you agree not to modify, rent, lease,
loan, sell, distribute or create derivative
works based on the Service or the
software, in whole or in part. You
also agree not to record or otherwise
make a copy of audio content on the
Site unless you have the permission
of all parties to the conversation
to do so.
17.
Your Grant of Limited License
By posting or submitting content
to the Site, you (a) grant to Web
DIY online edit and maker of www.InternetWebSystem.com
and its affiliates and licensees the
royalty free, non-exclusive right
to use, reproduce, display, perform,
adapt, modify, distribute, have distributed
and promote the content in any form,
anywhere and for any purpose; (b)
warrant and represent that you own
or otherwise control all of the rights
to the content and that the public
posting and use of your content by
Web DIY online edit and maker of www.InternetWebSystem.com
will not infringe or violate the rights
of any third party; and (c) waive
all moral rights that you have in
the content and warrant and represent
that all other authors and creators
of the content have also waived their
moral rights in and to the content.
18.
User Forums
The Site provides users with
the opportunity to post and share
messages. You should use caution as
any disclosed personal information
becomes public information. We may,
but we are not obliged to, monitor
or review any content including messages
posted to the Site. Web DIY online
edit and maker of www.InternetWebSystem.com
is not responsible for any content,
opinions, or views expressed by its
members or visitors on its web sites.
19.
External Links
Web DIY online edit and maker
of www.InternetWebSystem.com's Site
may contain links to other sites.
You agree that Web DIY online edit
and maker of www.InternetWebSystem.com
does not endorse any other sites and
is not liable for any loss or damages
related to the content, products or
services available through those sites.
Because Web DIY online edit and maker
of www.InternetWebSystem.com has no
control over such sites and resources,
you acknowledge and agree that Web
DIY online edit and maker of www.InternetWebSystem.com
is not responsible for the availability
of such external sites or resources,
and does not endorse and is not responsible
or liable for any content, advertising,
products, or other materials on or
available from such sites or resources.
You further acknowledge and agree
that Web DIY online edit and maker
of www.InternetWebSystem.com shall
not be responsible or liable, directly
or indirectly, for any damage or loss
caused or alleged to be caused by
or in connection with use of or reliance
on any such content, goods or services
available on or through any such site
or resource.
20.
Severability
If any provision of this Agreement
shall be held illegal, unenforceable,
or invalid, that provision shall be
limited or eliminated to the minimum
extent necessary so that this Agreement
shall otherwise remain in full force
and effect.
21.
Headings
The titles and headings of the
various sections and paragraphs in
this Agreement are intended solely
for convenience of reference and are
not intended for any other purpose
whatsoever, or to explain, modify
or place any construction upon any
of the provisions of this Agreement.
22.
Force Majeure
Web DIY online edit and maker
of www.InternetWebSystem.com shall
not be liable for the failure to perform
any of its obligations under this
Agreement, if such failure is caused
by the occurrence of any event beyond
the reasonable control of such party,
including without limitation, fire,
flood, strikes and other industrial
disturbances, failure of raw materials
suppliers, accidents, transmission
difficulties, Internet outages, riots,
insurrections, acts of God or orders
of governmental agencies.
23.
Security
You will be fully responsible
for maintaining the confidentiality
of your passwords, and you will notify
Web DIY online edit and maker of www.InternetWebSystem.com
immediately if you believe that the
security of your account has been
compromised. Web DIY online edit and
maker of www.InternetWebSystem.com
DOES NOT REPRESENT OR IN ANY WAY WARRANT
THAT ACCOUNT INFORMATION WILL REMAIN
SECURE AND Web DIY online edit and
maker of www.InternetWebSystem.com
SHALL NOT BE LIABLE FOR LOSSES OR
DAMAGES RESULTING FROM ANY SECURITY
BREACHES.
24.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Web DIY online
edit and maker of www.InternetWebSystem.com
EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
Web DIY online edit and maker
of www.InternetWebSystem.com MAKES
NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM
Web DIY online edit and maker of www.InternetWebSystem.com
OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS OF SERVICE.
25.
Limitation of Liability
IN NO EVENT SHALL Web DIY online
edit and maker of www.InternetWebSystem.com
AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES WHATSOEVER,
INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS (HOWEVER
ARISING, INCLUDING NEGLIGENCE) EVEN
IF Web DIY online edit and maker of
www.InternetWebSystem.com OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES, ARISING
OUT OF OR IN CONNECTION WITH (A) THE
USE OR INABILITY TO USE THE SERVICE,
(B) THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, (C) FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE SERVICE
OR OTHERWISE ARISING OUT OF THE USE
OF THE SERVICE, (D) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE
SERVICE, OR (E) ANY OTHER MATTER RELATING
TO THE SERVICE. SOME STATES DO NOT
ALLOW THE LIMITATION OF LIABILITY,
SO THE FOREGOING LIMITATION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL Web
DIY online edit and maker of www.InternetWebSystem.com'S
AGGREGATE LIABILITY TO YOU AND/OR
ANY THIRD PARTY ARISING FROM OR RELATING
TO THIS AGREEMENT EXCEED THE AMOUNT
YOU ACTUALLY PAY TO Web DIY online
edit and maker of www.InternetWebSystem.com
UNDER THIS AGREEMENT DURING THE TWELVE
(12) MONTHS PRECEDING THE DATE THE
CLAIM AROSE OR $500.00, WHICHEVER
IS LESS. Without limiting the foregoing,
neither Web DIY online edit and maker
of www.InternetWebSystem.com nor its
suppliers is responsible for any of
your data residing on the Service
or Web DIY online edit and maker of
www.InternetWebSystem.com's suppliers'
hardware. You are responsible for
backing-up your data and information
that may reside on the Service or
Web DIY online edit and maker of www.InternetWebSystem.com's
suppliers' hardware, whether or not
such information is produced through
the use of the Service. It is your
responsibility to take the necessary
steps to ensure that your primary
means of business is maintained (if
applicable).
26.
Governing Law
These Terms are governed by the
laws of P.R.China and the laws of
Chinese applicable therein. No action
or proceeding may be commenced or
maintained in relation to the Site,
the Services or these Terms except
in a court of appropriate jurisdiction
in China and you hereby irrevocably
agree to attorn to the jurisdiction
of such courts.
27.
Dispute Resolution
Member agrees that any dispute
or claim arising out of or related
to the Service or this Agreement,
or the interpretation, making, performance,
breach or termination thereof, shall
be finally settled by binding arbitration
in Beijing under the Chinese Arbitration
Association Rules by one arbitrator
appointed in accordance with said
Rules. Member agrees that any claim
against Web DIY online edit and maker
of www.InternetWebSystem.com must
be filed within one (1) year of the
time such claim arose, regardless
of any law to the contrary, otherwise
such claim will be barred forever.
Notwithstanding the above, Web
DIY online edit and maker of www.InternetWebSystem.com
may apply to any court of competent
jurisdiction (i) for a temporary restraining
order, preliminary injunction or other
interim or conservatory relief as
necessary, including without limitation
for breach of Section 16 (Proprietary
Rights to Content) or (ii) to collect
fees due and owing from Member pursuant
to this Agreement, without breach
of this arbitration agreement and
without any abridgment of the powers
of the arbitrator.
This Agreement shall be governed
in all respects by the laws of the
Beijing, China. Such law shall be
applied by the arbitrator to the merits
of any dispute or claim. For any non-arbitral
action or proceeding arising out of
or related to the Service or this
Agreement, both parties submit to
sole and exclusive jurisdiction and
venue in the courts located in Beijing,
China and further agree that any such
action or proceeding shall be brought
in a court in Beijing, China.
A printed version of this Agreement
shall be admissible in judicial or
administrative proceedings based upon
or relating to this Agreement to the
same extent and subject to the same
conditions as other business documents
and records originally generated and
maintained in printed form.
28.
Confidential Information
¡°Confidential Information¡± is
any data or information, oral or written,
treated as confidential that relates
to either party¡¯s (or, if either party
is bound to protect the confidentiality
of any third party¡¯s information,
such third party¡¯s) past, present,
or future research, development or
business activities, including any
unannounced products and services,
any information relating to services,
inventions, processes, plans, source
code, object code, binary code, algorithms,
ideas, know-how, financial information,
customer data, revenue, transaction
volume, forecasts, projections, and
the financial terms of this Agreement.
Notwithstanding the foregoing, Confidential
Information shall not be deemed to
include information if: (i) it was
already known to the receiving party
prior to the Effective Date of this
Agreement as established by documentary
evidence; (ii) it is in or has entered
the public domain through no breach
of this Agreement or other wrongful
act of the receiving party; (iii)
it has been rightfully received by
the receiving party from a third party
and without breach of any obligation
of confidentiality of such third party
to the owner of the Confidential Information;
(iv) it has been approved for release
by written authorization of the owner
of the Confidential Information; (v)
it has been independently developed
by a party without access to the Confidential
Information of the other party; or
(vi) it is required to be disclosed
pursuant to final binding order of
a governmental agency or court of
competent jurisdiction, provided that
the owner of the Confidential Information
has been given reasonable notice of
the pendency of such an order and
the opportunity to contest it.
29.
Relationship to Customer
Web DIY online edit and maker
of www.InternetWebSystem.com and you
shall perform all of duties under
this Agreement as independent contractors.
Nothing in this Agreement shall be
construed to give either party the
power to direct or control the daily
activities of the other party, or
to constitute the parties as principal
and agent, employer and employee,
franchiser and franchisee, partners,
joint venturers, co-owners, or otherwise
as participants in a joint undertaking.
The parties understand and agree that,
except as specifically provided in
this Agreement, neither party grants
the other party the power or authority
to make or give any agreement, statement,
representation, warranty, or other
commitment on behalf of the other
party, or to enter into any contract
or otherwise incur any liability or
obligation, express or implied, on
behalf of the other party, or to transfer,
release, or waive any right, title,
or interest of such other party.
30.
Standard Clip-Art and Photos
As part of the Service, Web DIY
online edit and maker of www.InternetWebSystem.com
provides you with standard clip-art
and photos to incorporate into your
web sites. In using the clip-art and
photos, you are governed by an Image
License Agreement with Beijing Xiao
Tian Shi Technology co.,ltd the supplier
of the clip-art and photos. Such Image
License Agreement is incorporated
into this Agreement. You understand
that the Image License Agreement is
a separate contractual relationship
between you and Beijing Xiao Tian
Shi Technology co.,ltd and that you,
and not Web DIY online edit and maker
of www.InternetWebSystem.com, is responsible
for all liability, and obligations
in connection with that relationship.
Web DIY online edit and maker of www.InternetWebSystem.com
is not a party to, and shall not be
involved in or responsible for, transactions,
agreements, and/or disputes between
you and Beijing Xiao Tian Shi Technology
co.,ltd . ("Beijing Xiao Tian
Shi Technology co.,ltd Dispute").
In the event of a Beijing Xiao Tian
Shi Technology co.,ltd Dispute, you
hereby release Web DIY online edit
and maker of www.InternetWebSystem.com
(and its officers, directors, agents,
and employees) from claims, demands,
and damages (actual and consequential)
of every kind and nature, known and
unknown, suspected and unsuspected,
disclosed and undisclosed, arising
out of or in any connection with such
disputes.
31.
Copyright Policy
It is the policy of Beijing Xiao
Tian Shi Technology co.,ltd. (¡°Web
DIY online edit and maker of www.InternetWebSystem.com¡±,
¡°us¡± or ¡°we¡±) to respect the intellectual
property rights of others; we ask
that our members do the same. Web
DIY online edit and maker of www.InternetWebSystem.com
may terminate the accounts of those
who appear to infringe the intellectual
property rights of others, and/or
Web DIY online edit and maker of www.InternetWebSystem.com
may remove content that has prompted
a complaint.
If you believe that your copyright
in any material has been infringed
by Web DIY online edit and maker of
www.InternetWebSystem.com or a member
of the Web DIY online edit and maker
of www.InternetWebSystem.com community,
please provide us with the following:
a.
A description of the copyrighted work that you claim
has been infringed;
b.
A description of the material that you claim is infringing,
identified with sufficient detail
to enable us to locate it on the site;
c.
Your name, address, telephone number, and e-mail address;
d.
A statement by you that you have a good faith belief
that the disputed use is not authorized
by the copyright owner, its agent,
or the law;
e.
A statement by you declaring under penalty of perjury
that (a) the above information in
your notice is accurate, and (b) that
you are the owner of the copyright
interest involved or that you are
authorized to act on the copyright
owner's behalf; and
f.
A physical or electronic signature of the person authorized
to act on behalf of the owner of the
copyright interest.
Please direct all notices of
claims of copyright infringement relating
to the Web DIY online edit and maker
of www.InternetWebSystem.com site
to copyright@InternetWebSystem.com
If you were unable to scan your signature,
we will give you our fax number.
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