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TotSites Terms and Conditions

Welcome to TotSites.com, (further referred to as "TotSites"). By registering to be a member of TotSites and to use any TotSites Service, you are agreeing to the following Terms and Conditions. These Terms and Conditions may be amended from time to time without any notice to yourself. You can view the most current version of the Terms and Conditions at any time by visiting: http://www.totsites.com/toc.php Please review these Terms and Conditions from time to time so you will be apprised of any changes.

Because the Terms and Conditions contain legal obligations, please read them carefully. Failure to comply will result in account termination and will subject you to further legal liability.

Description of the Products and Services.
TotSites entitles users to access to a variety of on-line resources, including personal web page hosting services and interactive on-line services (the "Products and Services"). Some of the Products and Services are supported by advertising, enabling TotSites to provide them to you at no cost. When you use these free services, you agree to allow TotSites to display advertising, including third party advertising, through the Products and Services. TotSites reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services or to change the nature, style, or form of advertisements displayed through the Products and Services. Unless explicitly stated otherwise, any new Products and Services, including changes, updates and new versions of the Products and Services, shall be subject to the Terms and Conditions.

Acceptance.
By using the Products and Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions as they may be amended from time to time, together with any other posted guidelines or rules applicable to any specific Product or Service.

Your Registration Obligations.
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of the Products and Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TotSites has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TotSites has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services (or any portion thereof).

Responsibility For Minors.
In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor.

Responsibility for Username and Password.
Upon registering, you will receive a password and username. You are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username. You agree to (a) immediately notify TotSites of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TotSites cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

Responsibility for Content.
You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not TotSites, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Products and Services. TotSites does not control user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. Under no circumstances will TotSites be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. TotSites does not, as a general practice, pre-screen user or third party Content posted on the Products and Services, although TotSites reserves the right to do so.

Disclaimer of Warranty.
TotSites disclaims all warranties or representations, express or implied, oral or written, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement. TotSites . does not warrant that its services are error-free or that they will operate without interruption nor does TotSites . make any warranty with respect to the quality, reliability, timeliness or security of the Products and Services (including the existence or non-existence of any viruses or other destructive elements within the Products and Services). TotSites makes no guarantee as to the availability of Products and Services and is not responsible for any loss of information resulting from deletion of Products and Services, network or system outages, file corruption, or any other reasons.

Service Limitations.
The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. You may not use the Products and Services to:

(a) Upload, post or otherwise transmit any Content that is, or that promotes behavior that is, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age;

(c) Harm minors in any way;

(d) Associate TotSites and any Products and Services with any adult material of any sort. This includes, but is not limited to, such things as nudity, any site, page, image or service requiring any adult verification service, anything that users to be 18 or older to view or join or access, and any text, image or likeness suggesting sexual and/or inappropriate and/or illegal acts of any sort. Without limiting the foregoing, you may not use the Products and Services to store, use, contain or display pornography, adult novelties, adult toys, XXX material, escort services, Gorean, bondage, BDSM, bigotry, racism, hatred, profanity, or any material which may be insulting to another person(s) or entity;

(e) Impersonate any person or entity, including, but not limited to, a TotSites official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(f) Sell, distribute, or make any commercial use of data obtained from any Products and Services or make any other use of such data in a manner which could be expected to offend the person for whom the data is relevant;

(g) Create and maintain a TotSites web page that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages;

(h) Use the Products and Services to hyperlink to content not permitted on the TotSites Network;

(i) Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services;

(j) Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market;

(k) Upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

(l) Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:

Making available copyrighted software or other Content that has had the copyright protection removed.
Making available serial numbers for software that can be used to illegally validate or register software.
Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
Making available any software files for which the user does not own the copyright or have the legal right to make available;
(m) Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

(n) Upload, post or otherwise transmit or provide links to any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(o) Collect or store personal data about other users;

(p) 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;


Account Termination.
Use of the Products and Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that TotSites may terminate your account and your access to any of the Products and Services, and may remove and discard any Content, without prior notice, should you fail to comply with the Terms and Conditions or any other guidelines and rules published by TotSites. Any such termination shall be in TotSites's sole discretion and may occur without any notice. TotSites further reserves the right to terminate any user's account or access to the Products and Services for any conduct that TotSites, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to TotSites or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. TotSites further reserves the right to terminate any user's account if there is no evident activity for a period of 90 days. TotSites further reserves the right to terminate any user's account and access to the Products and Services, and to remove and discard any Content, for any reason or for no reason at all, in TotSites's sole discretion, without prior notice, or any notice.

In the event TotSites terminates a user's account for violating the Terms and Conditions, or for inactivity, and that user is a paid member of TotSites, that user's payment is not refundable.

All mailings sent to you by TotSites.com are opt-in emails activated and authorized by you either through subscription or as a mandatory component of your membership in TotSites. All subscribed mailing lists have a link at the bottom to allow you to unsubscribe from that mailing list if you wish. Other mailings are mandatory and are conditional of your membership with TotSites.com. If you report any of these mailings or service notification emails, (which you have the control to turn off yourself), as Unsolicited Commercial Email, or SPAM, we reserve the right to terminate your TotSites account.

Limitation of Warranty.
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TOTSITES DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, TOTSITES DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. TOTSITES SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOTSITES DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. TOTSITES DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. TOTSITES DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. TOTSITES MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY PRODUCTS AND SERVICES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL TOTSITES OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE PRODUCTS AND SERVICES OR RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF TOTSITES OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES AND THE DELETION OF CONTENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO the PRODUCTS AND SERVICES OR TO TOTSITES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT. WITH RESPECT TO PAID TOTSITES MEMBERS, TOTSITES'S ENTIRE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT OF THE PAID MEMBER'S MOST RECENT FEE PAYMENT. UNDER NO CIRCUMSTANCES SHALL TOTSITES OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

UNDER NO CIRCUMSTANCES WILL TOTSITES BE RESPONSIBLE FOR ANY CHARGES (INCLUDING NSF CHARGES) YOU INCUR AS A RESULT OF ERRONEOUS CHARGES, AGAINST YOUR CREDIT CARD OR PAYPAL ACCOUNT, OR AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY FASHION.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

Indemnification.
By using the Products and Services you agree to indemnify TotSites and its officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Products and Services, or from any person's use of any account or password you maintain with any of the Products and Services, regardless of whether such use is authorized by you. By using the Products and Services, you are hereby agreeing to release TotSites and its officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.

Refund Policies
Professional Tools package payments are fully refundable up to 7 days from the date of purchase. Notify us in writing, and include a copy of your purchase receipt, within 7 days of the date of purchase and we will provide a full refund of your payment, if applicable.

Partial refunds may result in an administration fee.

UNDER NO CIRCUMSTANCES WILL TOTSITES BE RESPONSIBLE FOR ANY CHARGES (INCLUDING NSF CHARGES) YOU INCUR AS A RESULT OF ERRONEOUS CHARGES, AGAINST YOUR CREDIT CARD OR PAYPAL ACCOUNT, OR AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY FASHION.

Last Updated 5/1/2005