Terms of Service

Bold Business Works

Terms of Service, Legal & Policies

Last Update 5.17.09

Terms Applicable to all of Bold Business Works Web Services

These Bold Business Works Terms of Service comprise a legal agreement between You and Bold Business Works and governs Your use of Bold Business Works web services. BY SUBSCRIBING TO BOLD BUSINESS WORKS WEB SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME.

If you do not agree to these Terms of Service and the Additional Terms, do not subscribe to or use the Bold Business Works services, including Bold Business Works.

Bold Business Works is made up of websites, Web pages, and Web hosting operated by Bold Business Works and its affiliates and of various products and services that are provided by Bold Business Works, its affiliates or third party service providers. These websites, Web pages, design services, and services will be collectively referred to in this Agreement as “Bold Business Works.” “You” means You, Your company, Your employees, and anyone who has access to use your Bold Business Works account. You must be at least eighteen (18) years of age to subscribe to and use any Bold Business Works service or product.

The general provisions of these Terms of Service apply to Bold Business Works hosting services and to all of the products and services provided through Bold Business Works, including Bold Business Tools Website Builder.  Each applicable Bold Business Works website, product or service may have other posted guidelines or rules (the “Additional Terms”). All such Additional Terms are incorporated by reference into these Terms of Service.

The Bold Business Works services are offered to You on the condition that You accept these Terms of Service and the Additional Terms without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout the Bold Business Works sites and abide by them if You choose to use the sites, or accept the products, services or benefits, to which such terms apply.

You accept and agree to be bound by these Terms of Service and the Additional Terms at the moment you place your order and pay for it, either by credit card via the Internet, over the phone or by fax or by check through the US Mail.   If You do not accept all of these terms your order for services will be cancelled and You will not be charged.

Bold Business Works reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If You continue to use the Bold Business Works system after any such changes, Your continued use will constitute Your consent to such changes. Bold Business Works may email You any changes to the Terms of Service or Additional Terms, but does not and will not assume any obligation to do so.

Any rights not expressly granted herein are reserved by Bold Business Works.

In addition, Your registration information and other information about You is subject to our Privacy Statement.

If You do not have print capability or otherwise desire to obtain a hard copy of these Terms of Service, please visit the Contact Us page of the Bold Business Works website and send an email requesting a hard copy.

Your Warranties

By subscribing to any service offered by Bold Business Works, You make the following representations and warranties. Bold Business Works shall have the right to terminate your Bold Business Works account, without notice at any time, if any representation or warranty made by You proves to be untrue in any respect.

You represent and warrant that:

You and all users of the Bold Business Works Network approved by you are at least eighteen (18) years of age;

You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service and the Additional Terms, (c) to subscribe to and use the Bold Business Works services, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service and any Additional Terms and (d) if you are acting in a corporate capacity, to bind Your company; You will not use the Bold Business Works services for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time); All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration and subscription process. Any products or services advertised, sold or otherwise distributed by You on or in connection with Your website are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and You have and control all of the intellectual property, proprietary and similar rights necessary for all material located on Your website, all submissions, and all products and services sold or otherwise distributed by You or on Your behalf via Your website.

By using the Bold Business Works Network, You agree that You will defend and indemnify Bold Business Works and its suppliers from any third party claim related to a breach of any of the foregoing warranties.

Limitations on Your Use of the Bold Business Works system

Bold Business Works services are provided to assist You with the operation of Your business. Your right to use Bold Business Works is limited to You, and Your company and its employees. You are solely responsible for Your content and Your website and your Bold Business Works account. Bold Business Works reserves the right, but is not obligated, to monitor or to review materials posted on Your website and to monitor your compliance with these Terms of Service and the Additional Terms. Bold Business Works reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from Bold Business Works, except as expressly provided herein.

You may not use a name in connection with operating Your Bold Business Works website that is confusing or misleading to participants, or otherwise impersonate or deceive participants with respect to Your identity.

You may not restrict or inhibit any other user from using and enjoying such user’s rights in Bold Business Works.

You may not interfere with or disrupt the Bold Business Works system or servers or any network connected to Bold Business Works.

You may not use Bold Business Works or the products or services provided through or in connection with Bold Business Works to: rent, lease, license, grant a security interest in, or otherwise transfer or sublicense Your rights hereunder to any third party; defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person; conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including “spamming”) or multi-level or illegal marketing campaigns; harm minors in any way; publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another’s computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or website that constitutes “hate speech”, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group; sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party’s rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods or activities that if sold via Bold Business Works or Your website would cause Bold Business Works to violate any law, statute or regulation; or any other illegal activity; harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties; violate any applicable government laws or regulations.

You may not reproduce or redistribute any Software, as that term is defined in the Section entitled “Software Available from Bold Business Works ” You may not copy or reproduce the Software to any other server or location for further reproduction or redistribution. You may not de-compile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in the Bold Business Works, or in any product, service or Software provided through the Bold Business Works.

The information provided by Bold Business Works to You may be proprietary in nature. You agree not to share any information provided to You by or on behalf of Bold Business Works with any third party.

Fees

Some products and services available through or in connection with Bold Business Works require that You purchase a subscription or otherwise pay a fee. You hereby authorize Bold Business Works to charge Your credit card in advance for all applicable fees incurred by You or on Your behalf in connection with Your use of the Bold Business Works product or service You have chosen to use. Bold Business Works will automatically charge Your credit card each month for the fee(s) then due and Your credit card expiration date will automatically be extended for the purpose of providing uninterrupted services. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your Bold Business Works account by you or anyone else using your account. Bold Business Works reserves the right to modify the fees charged for Bold Business Works products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after Bold Business Works posts such modified fees on the Bold Business Works website. Amounts not paid by You to Bold Business Works when due may bear interest at the lesser of (a) one and one-half percent (1.5%) per month, and (b) the maximum rate permitted by applicable law.

If You notify Bold Business Works by phone at the number found on the Contact Us page of the Bold Business Works website or in writing that You are canceling one or more Bold Business Works or products, your termination will take place in accordance with the Cancellation Policy outlined below. Bold Business Works is not required to refund directly to You any amounts paid hereunder. It is Your responsibility to notify Bold Business Works if Your credit card has changed or has expired and to make appropriate changes or Your service may be disconnected or interrupted.

In the event that Bold Business Works terminates Your Bold Business Works account for violation of these Terms of Service or the Additional Terms, You will not be entitled to the return of any fees paid with respect to any such terminated account service.

Cancellation and Refund Policy

You agree that (a) Bold Business Works cancellation policy will be posted on the www.boldbusinessworks.com website and may be changed from time to time by Bold Business Works in its sole discretion and (b) the cancellation policy posted at the time you cancel shall govern the terms and amount of the refund (if any) due to you. You acknowledge that if You cancel any subscriptions to a Bold Business Works service that You may not be entitled to a refund of all or part of amounts already paid by You for such Bold Business Works subscription. You agree to maintain service with Bold Business Works for the minimum term of 12-months plus any additional time required by any promotions or discounts You accept. After that, You will be charged for a one year period OR become a month-to-month customer under this agreement.

Cancellation

The initial deposit paid by You for the setup of your Bold Business Works website will be refundable minus 25% of the amount if cancellation is within 30 days of the signing of this contract.

Customers are obligated to a full 12-month subscription to Bold Business Works.

If at any time You change service (by accepting a promotion, for example), You will be subject to any requirements, such as a new minimum term, Bold Business Works sets for that change.

Changes to Services, Termination by Bold Business Works

Bold Business Works may change any of the Bold Business Works at any time and from time to time without notice, including terminating the offering of any Bold Business Works service altogether.

Bold Business Works may terminate Your account, Your access to Bold Business Works or any of Your Bold Business Works (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your Bold Business Works products or from using the Bold Business Works Network or from receiving any products, services or benefits from Bold Business Works, if Bold Business Works determines You have violated these Terms of Service or any Additional Terms, if You have failed to remit any applicable subscription fees when due, if any representation or warranty made by You is untrue in any respect or if Bold Business Works receives a court order or other legal action relating to Your account. In addition, if You violate any of these Terms of Service, or any applicable Additional Terms You will forfeit all in-kind credits and any other amounts accruing to You (if any) in connection with Bold Business Works service and there will be no refund of any fees prepaid by You. If You subscribe to a Bold Business Works service which is made up of two or more individual services and You violate the Terms of Service applicable to one of such individual services, (1) your use of the particular individual service will be terminated, but the remaining services will remain active and (2) there will be no refund (in whole or in part) of Your annual fee for the Bold Business Works service terminated. You will be responsible for all fees incurred during Your subscription and payment of such fees shall be due immediately upon termination of Your subscription.

Links to Third Party Sites

Links within the Bold Business Works Network may let You leave the Bold Business Works Network. You acknowledge that the linked sites are not under the control of Bold Business Works and that Bold Business Works is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. Bold Business Works is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Bold Business Works of the linked site or any association with their operators.

License You Grant to Bold Business Works

Bold Business Works does not claim ownership of the materials You provide to Bold Business Works(including feedback and suggestions) or that You post, upload, input or submit in connection with Your use of Bold Business Works or any website (“Your website”) created by You or on Your behalf in connection with the use of Bold Business Works (collectively “Submissions”). However, You grant Bold Business Works a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, link to, reproduce, edit, translate, sublicense and reformat Your Submission, and to publish Your name in connection with Your Submission) Your Submission only in connection with the operation and promotion of Bold Business Works. You also grant Bold Business Works the right to publish Your information in connection with any such use including, but not limited to, directory listings, bookmarks, coming soon and announcement page(s) and listings, and promotional link(s) to Bold Business Works websites. No compensation will be paid or due You with respect to Bold Business Works’ or its sub-licensee’s use of the materials as licensed above. Bold Business Works is under no obligation to post or use any materials You may provide, and may remove such materials at any time in Bold Business Works’ sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Bold Business Works system, You represent and warrant that You own or otherwise control the rights necessary to do so and to grant Bold Business Works the license set forth above, and You will defend and indemnify Bold Business Works and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.

You grant Bold Business Works permission to use screen shots of any Web page built on our system in Bold Business Works promotional materials, and represent and warrant that You have sufficient authority to grant the foregoing rights.

Software Available from Bold Business Works

Software (if any) that is made available to download from or otherwise use through Bold Business Works, excluding software that may be made available by third parties via Bold Business Works, (“Software”) is the copyrighted work of Bold Business Works and/or its suppliers. Your use of the Software is governed by these Terms of Service, and the applicable Additional Terms, and the terms of the end user license agreement (EULA), if any, which accompanies or is included with the Software (“License Agreement”). To the extent that the License Agreement conflicts with the Terms of Service or Additional Terms, the terms of the License Agreement shall govern Your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement. For any Software not accompanied by a license agreement, Bold Business Works hereby grants to You, the user, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using the particular Bold Business Works website or Bold Business Works service in accordance with the License Agreement, the Terms of Service and Additional Terms and for no other purpose. In addition, You shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by Bold Business Works and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. All software downloaded or otherwise obtained by the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

Limitations of Liability and Disclaimers

The information, software, products, services and other material included in or available through the Bold Business Works system may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via Bold Business Works should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation.

Your access to and use of the Bold Business Works system, and products and services of Bold Business Works, is at Your own risk. Bold Business Works makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Bold Business Works Network, or such products or services. Without limiting the foregoing, NEITHER BOLD BUSINESS WORKS NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN BOLD BUSINESS WORKS FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BOLD BUSINESS WORKS AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL BOLD BUSINESS WORKS OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:

DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF BOLD BUSINESS WORKS OR RELATED SERVICES, OR WITH THE DELAY OR INABILITY TO USE BOLD BUSINESS WORKS OR RELATED SERVICES;

THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH BOLD BUSINESS WORKS; OR OTHERWISE ARISING OUT OF THE USE OF BOLD BUSINESS WORKS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BOLD BUSINESS WORKSOR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF BOLD BUSINESS WORKS, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BOLD BUSINESS WORKS AND ITS RELATED SERVICES AND PRODUCTS.

Without limiting the foregoing, Bold Business Works is not responsible for any of Your data residing on Bold Business Works hardware or systems, including such hardware or systems provided to Bold Business Works by third parties. Bold Business Works will perform standard industry data-backup.  However, you remain responsible for maintaining and backing-up Your data and information that may reside on the Bold Business Works hardware or systems, including such hardware or systems provided to Bold Business Works by third parties, whether or not such information is produced through the use of Bold Business Works, including any information regarding the operation or use of Your website, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the Bold Business Works service. It is Your responsibility to take the necessary steps to ensure Your primary means of business is maintained. Bold Business Works will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of the Bold Business Works services or products; (b) Your customers’ use of Your website hosted by or created through Bold Business Works and Your products and services; © use of the Bold Business Works Network by any other party to whom You have given access to Your company information for use of the Bold Business Works Network; (d) errors, bugs or other defects in the Bold Business Works system; (e) lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on the Bold Business Works Web Hosting service; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Bold Business Works’s records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your website, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the Bold Business Works Network.

Bold Business Works is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your Bold Business Works information, through the use of the Bold Business Works Network.

Bold Business Works is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your website or between You and any user of any products or services offered or provided by You or by a third party through the Bold Business Works.  This includes, but is not limited to, any service providers referred through Bold Business Works for credit card authorization, newsletter services or affiliate programs.  Bold Business Works is not responsible for screening, censoring or otherwise controlling Your website, or any listings or transactions offered or conducted via Your website. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You via Your website or through Bold Business Works.

Bold Business Works is not acting as Your or any third party’s agent in connection with the operation of Bold Business Works. You are solely responsible for: (a) processing customer orders or other transactions; (b) verifying the validity of incoming customer orders before finalizing the order; (c) informing customers of the status of such orders or transactions; (d) providing all customer support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Further, because Bold Business Works is not involved in any orders or other transactions between You and other users of Bold Business Works or other marketplace forums, Bold Business Works cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.

Unless otherwise expressly stated in these Terms of Service, Your payments for orders or transactions conducted via Your website or on any Bold Business Works service will be paid to You directly from Your designated acquiring bank, customers or other appropriate source (“payor”). Bold Business Works is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between You and customers or payors. Bold Business Works makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using Bold Business Works.

Additionally You are required to prominently post a Refund & Cancellation policy on any sites built with Bold Business Works that require payments from customers.

Indemnity

You agree to defend, indemnify and hold Bold Business Works and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party’s rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with Bold Business Works or Your use of Bold Business Works.

Access Restriction; Account Security and Passwords

Bold Business Works reserves the right to deny in its sole discretion any user access to Bold Business Works or any portion thereof without notice.

You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or the Bold Business Works system resulting from any third party using a password or user name issued to You. You agree to notify Bold Business Works immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the Bold Business Works system known to or suspected by You. You may change Your password at any time by emailing a request to info@boldbusinessworks.com.

You hereby authorize Bold Business Works to rely on any data, notice, instruction or request furnished by You to us, or that Bold Business Works reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. Bold Business Works is not responsible for fraud of participants or of other users of your account.

Your Customer Data

Bold Business Works will not use Your customer data or Your customer contact list for any purposes other than those intended. Your customer information will not be shared with any other parties, unless you are also subscribing to a Bold Business Works service where one of the features of such service is the sharing of customer information between the services. Bold Business Works will not use Your customer information for the purpose of sending unsolicited commercial e-mail to such customers.

General

These Terms of Service and the Additional Terms are governed by the laws of the State of California, U.S.A. You hereby to confidential binding arbitration by the American Arbitration Association in Ventura County, California, U.S.A. in all disputes arising out of or relating to the use of the Bold Business Works services. Use of Bold Business Works is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Bold Business Works as a result of these Terms or Service or use of Bold Business Works.

Bold Business Works’ performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of Bold Business Works right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Bold Business Works Network or information provided to or gathered by Bold Business Works with respect to such use.

If any part of these Terms of Service or the Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Additional Terms shall continue in effect.

Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and Bold Business Works with respect to the Bold Business Works system and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bold Business Works with respect to Bold Business Works.

A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The example companies, organizations, products, people and events depicted within Bold Business Works may be fictitious. No association with any real company, organizations, product, person or event is intended or should be inferred.

Bold Business Works is not obligated to monitor the content on sites built using the Bold Business Works system. Bold Business Works reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with Bold Business Works Privacy Statement located at http://www.boldbusinessworks.com.   Bold Business Works reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the Bold Business Works websites, in our sole discretion, without notice at any time.

Any rights not expressly granted herein are reserved by Bold Business Works, including all legal and equitable remedies available to Bold Business Works or violation of any of these Terms of Service.

Copyright and Trademark Notices

All contents of the Bold Business Works Network are: Copyright © 2008 Bold Business Works and/or its suppliers, c/o Bold Business Works  1014 South Westlake Blvd #14-238, Westlake Village, CA 91361 U.S.A. All rights reserved.

Trademarks

Bold Business Works is either a trademark or registered trademark of Bold Business Works. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved by Bold Business Works.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. To see Bold Business Works Notice and Procedure for Making Claims of Copyright Infringement, contact Bold Business Works at info@boldbusinessworks.com

Service Contact

If You need to contact Bold Business Works please send e-mail via our Contact Us form at www.boldbusinessworks.com.

Bold Business Works Legal

All terms of service will continue to apply if BOLD BUSINESS WORKS modifies in any way its corporate structure.

Introduction

Bold Business Works makes available information, materials, and services on this website, subject to the following terms and conditions. By accessing this site, you agree to the terms and conditions as outlined in this legal notice. BOLD BUSINESS WORKS reserves the right to change these terms and conditions from time to time at its sole discretion.

Copyright; Limited License

The information on this website is protected by copyright:

Copyright © 2008 Bold Business Works. All rights reserved. Except as specifically permitted herein, no portion of the information on this website may be reproduced in any form or by any means without the prior written permission from Bold Business Works.

Use of website Information

Except as otherwise indicated elsewhere on this site, you may view, copy, print, and distribute documents available on this website subject to the following conditions:

1. The document may be used solely for personal, informational, non-commercial purposes;

2. The document may not be modified or altered in any way;

3. Any copy of the document or portion thereof must include the copyright notice above and this permission notice; and

4. BOLD BUSINESS WORKS reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from Bold Business Works.

Documents specified above do not include the design or layout of this website. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Additional Warranties and Disclaimers

THIS website COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS WEBSITE. BOLD BUSINESS WORKS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEBSITE AT ANY TIME.

This website can be accessed from other countries around the world and may contain references to BOLD BUSINESS WORKS products, services, and programs that have not been announced in your country. These references do not imply that BOLD BUSINESS WORKS intends to announce such products, services or programs in your country.

Feedback; Confidential Information; Privacy

Please note that, with the exception of credit card numbers, BOLD BUSINESS WORKS does not want to receive confidential or proprietary information from you through our website. Any non-personal information or material sent to BOLD BUSINESS WORKS will be deemed NOT to be confidential. By sending BOLD BUSINESS WORKS any non-personal information or material, you grant BOLD BUSINESS WORKS an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that BOLD BUSINESS WORKS is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

Links to Third-Party websites

The BOLD BUSINESS WORKS website contains links to third-party websites, which are not under our control. BOLD BUSINESS WORKS makes no representations whatsoever about any other website to which you may have access through the BOLD BUSINESS WORKS website. When you access a non-BOLD BUSINESS WORKS website, you do so at your own risk and BOLD BUSINESS WORKS is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. BOLD BUSINESS WORKS provides these links merely as a convenience and the inclusion of such links does not imply that BOLD BUSINESS WORKS endorses or accepts any responsibility for the content or uses of such websites.

Trademark Information

The trademarks, logos and service marks (“Marks”) displayed on this website are the property of BOLD BUSINESS WORKS or other third parties. You are not permitted to use the Marks without the prior written consent of BOLD BUSINESS WORKS or such third party which may own the Marks.

Bold Business Works Acceptable Use Policy

As a provider of website hosting and other Internet-related services, BOLD BUSINESS WORKS offers its customers the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. BOLD BUSINESS WORKS respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, BOLD BUSINESS WORKS reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, BOLD BUSINESS WORKS has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement and is intended as a guide to the customer’s rights and obligations when utilizing our services. This AUP will be revised from time to time. A customer’s use of Bold Business Works services after changes to the AUP are posted on Bold Business Works  website, www.boldbusinessworks.com, will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When customers obtain information through the Internet, they must keep in mind that BOLD BUSINESS WORKS cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that customers may acquire. For this reason, the customer must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because BOLD BUSINESS WORKS cannot monitor or censor the Internet, and will not attempt to do so, BOLD BUSINESS WORKS cannot accept any responsibility for injury to its customers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When customers disseminate information through the Internet, they also must keep in mind that BOLD BUSINESS WORKS does not review, edit, censor, or take responsibility for any information its customers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Bold Business Works system and may reach a large number of people, including both customers and non-customers, customers’ postings to the Internet may affect other customers and may harm Bold Business Works goodwill, business reputation, and operations. For these reasons, customers violate BOLD BUSINESS WORKS policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

* Spamming — Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”). It is not only harmful because of its negative impact on consumer attitudes toward Bold Business Works but also because it can overload the network and disrupt service to BOLD BUSINESS WORKS customers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, BOLD BUSINESS WORKS has the discretion to determine from all of the evidence whether the email recipients were from an “opt-in” email list.

* Intellectual Property Violations — Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. BOLD BUSINESS WORKS is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also policy to terminate the privileges of customers who commit repeat violations of copyright laws.

* Obscene Speech or Materials — Using Bold Business Works services to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. BOLD BUSINESS WORKS is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through our network.

* Defamatory or Abusive Language — Using Bold Business Works network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

* Forging of Headers — Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

* Illegal or Unauthorized Access to Other Computers or Networks — Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

* Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities — Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

* Facilitating a Violation of this AUP — Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.

* Export Control Violations — Exporting encryption software over the Internet or otherwise, to points outside the United States.

* Other Illegal Activities — Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

* Other Activities — Engaging in activities, whether lawful or unlawful, that BOLD BUSINESS WORKS determines to be harmful to its customers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer. BOLD BUSINESS WORKS will not, as an ordinary practice, monitor the communications of its customers to ensure that they comply with BOLD BUSINESS WORKS policy or applicable law. When BOLD BUSINESS WORKS becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

BOLD BUSINESS WORKS also is concerned with the privacy of on-line communications and websites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, BOLD BUSINESS WORKS urges its customers to assume that all of their on-line communications are insecure. BOLD BUSINESS WORKS cannot take any responsibility for the security of information transmitted over our facilities.

BOLD BUSINESS WORKS will not intentionally monitor private electronic mail messages sent or received by its customers unless required to do so by law, governmental authority, or when public safety is at stake. BOLD BUSINESS WORKS may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, BOLD BUSINESS WORKS may disclose information, including but not limited to, information concerning a customer, a transmission made using our network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. BOLD BUSINESS WORKS assumes no obligation to inform the customer that customer information has been provided and in some cases may be prohibited by law from giving such notice. Finally, BOLD BUSINESS WORKS may disclose customer information or information transmitted over its network where necessary to protect BOLD BUSINESS WORKS and others from harm, or where such disclosure is necessary to the proper operation of the system.

Privacy Policy

Our customer’s privacy is important to us.

Because we may gather certain types of information about our customers, we want our customers to understand the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather, how we use it, and how to correct or change it. Our policies and procedures for handling customer information have been created with the understanding that Internet technologies are still evolving and that Internet business methods are continuing to evolve to meet the needs and opportunities of the changing technologies. As a result, Bold Business Works policies and procedures are subject to change.

In the course of serving its customers, BOLD BUSINESS WORKS acquires, stores and transmits customer communications and information that customers may regard as private or sensitive. Some of this information – such as the customer’s name, address, telephone number, and credit card data – is provided to BOLD BUSINESS WORKS by its customers in order to establish service. Other information – such as the customer’s account status, choice of services, and customer logs – is created and maintained by BOLD BUSINESS WORKS in the normal course of providing service. BOLD BUSINESS WORKS also uses cookies, which are small pieces of information that a website can store in a designated file on a user’s computer for various reasons. In addition, BOLD BUSINESS WORKS may store customers’ electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.

BOLD BUSINESS WORKS also requires You to post a Privacy Statement on any website built with the Bold Business Works system.  Sample language may be provided as a courtesy, however, You are solely responsible for its use and confirming its applicability for your website.

Data Security

BOLD BUSINESS WORKS will protect the confidentiality of its customers’ information, account information and personal communications to the fullest extent possible and consistent with the law and the legitimate interests of Bold Business Works, its employees and other customers of our services. To protect the loss, misuse, and alteration of information that is collected from customers, BOLD BUSINESS WORKS has appropriate physical, electronic, and managerial procedures in place.

How is customer information used?

BOLD BUSINESS WORKS may use customer information to provide its customers with system information or information about new or upgraded products.

Opt Out & Modifications

Customers may opt out of receiving notices of new or upgraded products from BOLD BUSINESS WORKS by following the instructions contained at the end of the notice. However, customers may not opt out of receiving information from BOLD BUSINESS WORKS which is essential for maintaining or updating customers’ accounts or system information.

If offered, customers may access and modify their personal information via their online personal control panel/account information page. Customers may access and modify their personal information by contacting the BOLD BUSINESS WORKS customer service department via email info@boldbusinessworks.com.

Domain name customers who have registered a domain name with BOLD BUSINESS WORKS and wish to change the Technical Contact from BOLD BUSINESS WORKS to another company, may send a request to info@boldbusinessworks.com. It is important to note that customer domain name registration information is made publicly available in the registry of domain names.

Disclosure of customer information and communications

BOLD BUSINESS WORKS will not otherwise disclose its customers’ personal and account information unless BOLD BUSINESS WORKS has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Bold Business Works, its customers, or others, or where BOLD BUSINESS WORKS has a good faith belief that the law requires such disclosure.

BOLD BUSINESS WORKS also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that BOLD BUSINESS WORKS stores or transmits for its customers. The circumstances under which BOLD BUSINESS WORKS will disclose such electronic customer communications are when:

* it is necessary in order to provide service to the customer;

* it is necessary to protect the legitimate interests of BOLD BUSINESS WORKS and its customers;

* it is required to cooperate with interception orders, warrants, or other legal process that BOLD BUSINESS WORKS determines in its sole discretion to be valid and enforceable; and

* it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by BOLD BUSINESS WORKS and appear to pertain to the commission of a crime.

BOLD BUSINESS WORKS disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. BOLD BUSINESS WORKS will, however, review, delete or block access to communications that may harm Bold Business Works, its customers or third parties. The grounds on which BOLD BUSINESS WORKS may take such action include, but are not limited to, actual or potential violations of Acceptable Use Policy.

©2009 Bold Business Works. All Rights Reserved.

Terms & Conditions  •  Policy Statements • Contact Us

Tags: terms of service

This entry was posted on Saturday, August 29th, 2009 at 7:15 pm and is filed under Policies. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.