Site Terms of Use
TERMS AND CONDITIONS FOR USE OF THE EoH Online© WEBSITE
By accessing this Website, you agree to be bound by the terms and conditions
appearing in this document and you accept our Privacy Policy which is available
here. If there is anything you do not understand please email any enquiry to
support@eohonline.com.
In these terms and conditions "We/us/our/EoH Online©" means The EoH Online©
Hosting and Design Company, "Website" means the website located at
www.eohonline.com (or any subsequent URL which may replace it) and all
associated websites and micro sites of EoH Online© and "You/your" means you as a
user of the Website.
You shall not use the Website for any illegal purposes, and you will use it in
compliance with all applicable laws and regulations. You agree not to use the
Website in a way that may cause the Website to be interrupted, damaged, rendered
less efficient or such that the effectiveness or functionality of the Website is
in any way impaired;
You agree not to attempt any unauthorized access to any part or component of the
Website; and You agree that in the event that you have any right, claim or
action against any Users arising out of that User's use of the Website, then you
will pursue such right, claim or action independently of and without recourse to
us.
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL
CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES,
SUFFERED BY US AND ARISING OUT OF ANY BREACH OF THE CONDITIONS BY YOU OR ANY
OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY
OTHER PERSON ACCESSING THE WEBSITE USING YOUR PC OR INTERNET ACCESS ACCOUNT.
We reserve the right to modify or withdraw, temporarily or permanently, the
Website (or any part of) with or without notice to you and you confirm that we
shall not be liable to you or any third party for any modification to or
withdrawal of the Website.
We may alter these terms and conditions from time to time, and your use of the
Website (or any part of) following such change shall be deemed to be your
acceptance of such change. It is your responsibility to check regularly to
determine whether the Conditions have been changed. If you do not agree to any
change to the Conditions then you must immediately stop using the Website.
The Website is subject to constant change. You will not be eligible for any
compensation because you cannot use any part of the Website or because of a
failure, suspension or withdrawal of all or part of the Website.
We are not responsible for the availability of any external sites or resources,
and do not endorse and are not responsible or liable, directly or indirectly,
for the privacy practices or the content (including misrepresentative or
defamatory content) of any third party websites, including (without limitation)
any advertising, products or other materials or services on or available from
such websites or resources, nor for any damage, loss or offence caused or
alleged to be caused by, or in connection with, the use of or reliance on any
such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content
associated with the Website. We may investigate any reported violation of these
Conditions or complaints and take any action that we deem appropriate (which may
include, but is not limited to, issuing warnings, suspending, terminating or
attaching conditions to your access and/or removing any materials from the
Website).
You acknowledge and agree that all copyright, trademarks and all other
intellectual property rights in all material or content supplied as part of the
Website shall remain at all times vested in us or our licensors. You are
permitted to use this material only as expressly authorized by us.
You acknowledge and agree that the material and content contained within the
Website is made available for your personal non-commercial use only and that you
may download such material and content onto only one computer hard drive for
such purpose. Any other use of the material and content of the Website is
strictly prohibited. You agree not to (and agree not to assist or facilitate any
third party to) copy, reproduce, transmit, publish, display, distribute,
commercially exploit or create derivative works of such material and content.
The Website is Copyright, The EoH Online© Hosting and Design Company. All rights
reserved.
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF
ANY INFORMATION WE PLACE ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT. UNLESS
SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR
SERVICE, WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN
RELATION TO THE WEBSITE, OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER
BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) INCLUDING BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR
COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR
TRADE.
UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR
PRODUCT OR SERVICE, WE MAKE NO WARRANTY THAT THE WEBSITE OR PRODUCTS OR SERVICES
OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE
DOWNLOADS) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER
THAT MAKES IT AVAILABLE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER
BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) ARE FREE OF VIRUSES
OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. WE WILL NOT BE
RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF CONTENT OR MATERIAL AS A RESULT OF
UPLOADING TO OR DOWNLOADING FROM THE WEBSITE.
YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY
RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION
PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.
WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT
MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION WITH THE WEBSITE OR
PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF
(INCLUDING FREE SOFTWARE DOWNLOADS) FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT
LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED
SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF
DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES; IN ANY CASE WHETHER OR
NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF EITHER OF US AT THE DATE ON
WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
We will not be liable in contract, tort or otherwise if you incur loss or damage
connecting to the Website through a third party's hypertext link.
Notwithstanding any other provision in the Conditions, nothing shall limit your
rights as a consumer under English law where or insofar as such rights cannot be
derogated from by contract.
Nothing in the Conditions shall exclude or limit our liability for death or
personal injury resulting from our negligence or that of our servants, agents or
employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed to be severable from these
Conditions and shall not effect the validity and enforceability of any of the
remaining provisions of the Conditions.
Nothing shall be construed as a waiver by us of any preceding or succeeding
breach of any provision.
These Conditions and documents referred to herein (as amended from time to time)
contain the entire agreement between you and us relating to the subject matter
covered and supersede any previous agreements, arrangements, undertakings or
proposals, written or oral, between you and us in relation to such matters. No
oral explanation or oral information given by either of us shall alter the
interpretation of these Conditions. You confirm that, in agreeing to accept
these Conditions, you have not relied on any representation save insofar as the
same has expressly been made a representation in these Conditions and you agree
that you shall have no remedy in respect of any misrepresentation which has not
become a term of these Conditions save that your agreement contained in this
Clause shall not apply in respect of any fraudulent misrepresentation whether or
not such has become a term of these Conditions.
You agree to the terms of our privacy policy which is available here.
These Conditions will be exclusively governed by and construed in accordance
with the laws of The United States of America and The State of Illinois whose
Courts will have exclusive jurisdiction in any dispute, save that we have the
right, at our sole discretion, to commence and pursue proceedings in alternative
jurisdictions.
You may send us notices under or in connection with these Conditions by post to
EoH Online©, PO Box 108, Henry, Illinois 61537, USA or by email to support@eohonline.com.
As proof of sending does not guarantee our receipt of your notice, you must
ensure that you have received an acknowledgement from us, which should be
retained by you.
RULES FOR THE USE OF EoH Online© FORUMS
As a user of EoH Online© forum, chat room or message board ("Online Services")
you confirm that you have read, understand and agree to these Rules, EoH Online©
Terms and Conditions Of Use of its website and you agree to the terms of EoH
Online© Privacy Policy. If you do not agree, do not use EoH Online© Online
Services, or if you are already using EoH Online© Online Services, please stop
immediately.
EoH Online© Online Services are not actively monitored and EoH Online© is not
responsible for the content of any messages that are posted. EoH Online© has the
right, but not the obligation, to monitor any activity and content associated
with the Online Services. EoH Online© does not vouch for or warrant the
accuracy, completeness, or usefulness of any message. The messages express the
views of the author of the message, not the views of EoH Online©. EoH Online©
reserves the right, in its sole discretion, to edit, delete, or refuse to post
any message or thread for any reason whatsoever.
Any user who feels that a posted message is objectionable should contact EoH
Online© by sending an email to support@eohonline.com
You agree that you will not upload, post, email or otherwise transmit any
material that may infringe any person or entity's intellectual property rights
(including patents, trademarks, trade secrets, copyright or other intellectual
or other property right).
You agree not to upload, post, email or otherwise transmit any material which
(a) is defamatory, libelous, disruptive, threatening, invasive of a person's
privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically
or otherwise objectionable; or that otherwise violates any law, (b) contains
software viruses or any other computer codes, files or programs designed to
interrupt, destroy, or limit the functionality of any computer software or
hardware or telecommunications equipment, (c) may infringe any person or
entity's intellectual property rights (including patents, trademarks, trade
secrets, copyright or other intellectual or other property right). By posting
any material, you confirm, represent and warrant that you have the lawful right
to distribute and reproduce such material.
By posting any material, you confirm, represent and warrant that you have the
lawful right to distribute and reproduce such material.
You will not impersonate any person or entity or otherwise misrepresent your
affiliation with a person or entity.
You agree not to repeatedly post the same or similar message ("flooding") or
post excessively large or inappropriate images.
Without EoH Online© written permission you will not distribute or publish
unsolicited promotions, advertising or solicitations for funds, goods or
services, including but not limited to, junk mail, spam and chain letters.
Postings to Online Services become public information. You should be very
careful about posting personally identifiable information such as your name,
address, telephone number or email address. If you post personal information
online, you may receive unsolicited messages from other users in return.
EoH Online© reserves the right to issue warnings, suspend or terminate the
registration of users who refuse to comply with these rules. EoH Online© may
modify these rules from time to time and such modifications will be effective
and binding on you when posted online.
You will remain solely liable for the content of any messages or other
information you upload or transmit.
By using EoH Online© Online Services, you grant EoH Online© the royalty-free,
perpetual, irrevocable, non-exclusive and fully sub licensable right and license
to use, reproduce, modify, edit, adapt, publish, translate, create derivative
works from, distribute, perform and display the content you post to publicly
accessible areas of the eohonline.com site.
EoH Online© may investigate any reported violation of its policies or complaints
and take any action that it deems appropriate. Such action may include, but is
not limited to, issuing warnings, removing posted content and/or reporting any
activity that is suspects violates any law or regulation to appropriate law
enforcement officials, regulators, or other third parties.
Recognizing the global reach of the internet, you agree to comply with all local
rules regarding online conduct and acceptable content.