Essential Services, Plus5Free.com Terms Of Service Web Site Agreement
The Plus5Free.com Web Site (the "Site") is an online information service provided by Essential Services of Florida ("Plus5Free.com "), subject to your compliance with the terms and conditions set forth below.
1. Copyright, Licenses and Idea Submissions
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Plus5Free.com, its affiliates or other third party licensors.
You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Plus5Free.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Plus5Free.com by all means and in any media now known or hereafter developed. You also grant to Plus5Free.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Plus5Free.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Plus5Free.com.
Certain publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Plus5Free.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
Publications and products available for download directly from the Site, Plus5Free.com, are distributed under "Reseller Rights", "Master Resell Rights", or "Private Label Rights". Plus5Free.com affirms to their best knowledge to have sufficient said rights to distribute these products. Should there be any discrepancy about these rights with any product distributed from Site, by Plus5Free.com, please contact our helpdesk to report the discrepancy.
2. Use of the Site
You understand that, except for information, products or services clearly identified as being supplied by Plus5Free.com, Plus5Free.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for Plus5Free.com identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, which are not affiliated with Plus5Free.com. You also understand that although Plus5Free.com does virus scans on all files available for download at Site, Plus5Free.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
LIMITATION OF LIABILITY
Plus5Free.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Plus5Free.com web site, please understand that it is independent from Plus5Free.com, and that Plus5Free.com has no control over the content on that web site. In addition, a link to a Plus5Free.com web site does not mean that Plus5Free.com endorses or accepts any responsibility for the content, or the use, of such web site. Furthermore, Plus5Free.com acknowledges that some products and services promoted on Site are the property of Third party companies and organizations that Plus5Free.com has an affiliate relationship with. This means that if you purchase a product promoted on Site from a Third party, non-Plus5Free.com web site, Plus5Free.com may receive compensation for promoting said product, in the way of a commission paid to Plus5Free.com for said transaction.
3. Indemnification
You agree to indemnify, defend and hold harmless Plus5Free.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Plus5Free.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Term; Termination
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous
This Agreement and all of the rights and obligations of the parties hereto and all of the terms and conditions hereof shall be construed, interpreted and applied in accordance with and governed by, and enforced under the laws of the United States of America, and the State of FLORIDA. You agree that any law suit, claim, legal action, or proceeding of any kind, between Essential Services, Plus5Free.com and you, for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The State of Florida, and done so in accordance with these terms. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Plus5Free.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Plus5Free.com may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
Essential Services
www.plus5free.com