E-COMBUILDER TERMS AND CONDITIONS

Registered User and Hosting Agreement

1) BEFORE ACCEPTING THE FOLLOWING AGREEMENT  IT IS IMPORTANT TO CAREFULLY READ THE FOLLOWING "TERMS AND CONDITIONS" BY SUBSCRIBING TO THE PRODUCTS AND SERVICES DESCRIBED IN THIS AGREEMENT YOU ARE AGREEING TO THE "TERMS AND CONDITIONS" OF THE AGREEMENT. YOUR REGISTRATION AND SUBSCRIPTION IS CONFIRMATION OF YOUR ACCEPTANCE. IF YOU DO NOT AGREE AND DO NOT WISH TO BE BOUND BY THESE "TERMS AND CONDITIONS" DO NOT APPLY FOR REGISTRATION OR SUBSCRIBE TO THE SERVICE.

a) Use of the e-combuilder Web Site and Web Hosting Service requires you (Hereinafter referred to as the "Registered User" to agree to all of the "Terms and Conditions" contained in this Agreement. This Agreement governs the access and use of all of the products and services provided by e-combuilder for which you are registering and which are provided through the e-combuilder Web Site and e-combuilder Online Services including without limitation the e-combuilder Web Site Building and Hosting Services.

b) The "Registered User" acknowledges that e-combuilder reserve the right to update and/or revise provisions of this Agreement at its sole discretion without specific notice to the "Registered User". Registration and acceptance of the "Terms and Conditions" of this Agreement confirm the "Registered User's" agreement to this clause. However if the "Registered User" does not agree to any change(s) proposed by e-combuilder, or to any other terms in this Agreement, the "Registered User's" sole and exclusive recourse is to cancel the "Registered User's" registration.

c)Unless expressly stated to the contrary any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.

d)e-combuilder reserve the right to suspend, cancel or refuse access to Registration at its sole discretion. 

 2)DEFINITIONS

a)Account Number: Means the number allocated by e-combuilder to the "Registered User" for the purpose of identifying the "Registered User's" account

b)e-combuilder: A trade name of Fox Online Ltd.  "The Provider" and is a self-build Web-site Package

c)Effective Date: Means the date of registration and acceptance of this Agreement

d)Hosting Fee: Means an annual fee payable in advance to e-combuilder for Hosting services

e)Privacy Policy: Means the policy governing the protection of information held by e-combuilder and its employee's and associates.

f)Registered User: Means a person, company or partnership registered with e-combuilder to use e-combuilder Subscriber Services.

g)Subscriber Service: Means any of the e-combuilder Subscription Service Packages that are available to theRegistered User on a fee paying basis, and include but are not limited to the e-combuilder Web Site, the e-combuilder Web Site Editor and the e-combuilder Web Hosting Service all as described on the e-combuilder Web Site located at the URL's e-combuilder.com, and e-combuilder.co.uk .

h)Subscription: Means a fee payable by the "Registered User" to e -combuilder

i)The Provider: Means the owner of the e-combuilder trade name

j)Web Site: Means any, customizable website created using the e-combuilder Template Web-Builder System as part of a Subscriber Service.

k)Web Site Editor: Means the e-combuilder "Registered User" On-line area that enables the "Registered User" to access their e-combuilder Web Site, add or change template designs, add or edit content and upload images.

l)Website Hosting Service: Means the Web Hosting Services provided by e-combuilder as part of a Subscriber Service.

 3)PAYMENT

a) Payment for pre-paid services shall be by valid credit card (or other method approved by e-combuilder) at the time of subscription for products and services.  Annual and (where applicable) monthly payments for services shall be automatically charged to the Credit Card Account provided by the "Registered User" at the time of first registration or by such alternative Credit Card Account as the "Registered User" shall advise e-combuilder of provided that at least (7) seven working days notice is given to e-combuilder of such change (such payments shall be charged in advance on an annual or calendar monthly basis.) The "Registered User" hereby agrees that e-combuilder is authorised to so charge the nominated Credit Card Account of the "Registered User" during the term of this Agreement and that Registration shall be automatically renewed without cessation of service at the completion of each subscription period.

 b) e-combuilder reserves the right to amend fees, charges and tariffs for its services at any time upon providing (30) thirty days notice to the "Registered User"  of its intention to make  such amendments. If the "Registered User" does not agree to the amendment(s) registration may be terminated at any time within that (30) thirty-day period otherwise all such amendment(s) shall thereafter be effective. The "Registered User" agrees that e-combuilder is authorized to charge the "Registered User's" nominated Credit Card Account for any amended fees, charges and tariffs.

c) None payment of subscription and/or renewal or Hosting fees by the due date for whatsoever reason including but not limited to funds being unavailable to e-combuilder from the nominated Credit Card Account of the "Registered User" will be deemed to be a decision by the "Registered User" to terminate this Agreement forthwith and accordingly e-combuilder shall at its absolute discretion discontinue the provision of services to the "Registered User's" at midnight on the final day to which subscriptions have been paid.

 4)REGISTRATION

The use hereby granted to the "Registered User" by e-combuilder is for the sole purpose of creating, operating and hosting a web site in accordance with the "Terms and Conditions" set forth herein.  The use of the e-combuilder or associated companies trade names, trademarks, service marks or any other proprietary marks are expressly forbidden by this agreement.

 5) GUIDELINES FOR USE OF THE SERVICE

a)The "Registered User" may not use any e-combuilder web site or service, in whole or in part, for any purpose that is unlawful or prohibited by this agreement.  The "Registered User" is responsible for content posted on or transmitted from the Subscriber Service and is responsible for compliance with all laws, regulations and ordinances connected with all aspects of the "Registered User's" use of Subscriber Services both in the United Kingdom and Internationally.

b)The "Registered User" hereby indemnifies e-combuilder its directors officers  servants and affiliates from any liability whatsoever in connection with the content of any web site operated or controlled by the "Registered User".

c)The "Registered User" may not use display, transmit or otherwise use any material, content, software or information that contains any of the following:

material that violates national, local or international laws; any material that violates or infringes in any way the rights, including copyrights, trademark rights or other intellectual property rights of any third party; racist, ethnic, sexist or hate propaganda; fraudulent material or fraudulent activity; any material that is threatening, abusive, harmful to minors, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable or inappropriate. any material that promotes, encourages, or provides instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.

any software, information, or other material that contains viruses, "Trojan Horse," corrupted data 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.

d) e-combuilder reserves the sole right to determine breach of these guidelines and the right to terminate Registration on such violation.

 6) REGISTRATION

a)In order for you to register to use e-combuilder Web Building, Hosting and other services e-combuilder needs to collect certain information. You hereby agree to provide to e-combuilder truthful, accurate and complete information and to refrain from impersonating or falsely representing yourself as possessing an affiliation with any person or entity. 

b)You agree to notify e-combuilder within thirty (30) days of any changes to information provided.

c)Changes to Credit Card details must be notified at least (7) seven days prior to payment date in order to prevent e-combuilder services to you being discontinued without notice.

 7) The "Registered User" shall be solely responsible for maintaining the confidentiality of the "Registered User's" account and password and for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. The "Registered User" shall be responsible for all actions by such users, including without limitation former employee's former partners and former associates, and shall indemnify e-combuilder for any and all such actions whatsoever.

8)Any information provided by the "Registered User" is strictly confidential and governed by the Privacy Policy of e-combuilder.  The Privacy Policy is hereby incorporated into this Agreement

9) LIMITS TO BANDWIDTH AND DISC STORAGE SPACE

In so far as is reasonably possible e-combuilder shall provide unlimited bandwidth and disc storage space.  Notwithstanding this e-combuilder reserves the right to restrict the bandwidth and disc storage space allocated to the "Registered User" if usage becomes excessive.  Where e-combuilder in its sole discretion considers the "Registered User's" use of bandwidth and/ or disc storage to be excessive, e-combuilder reserves the right to set maximum bandwidth and disc storage levels available to the "Registered User" within the existing terms of this Agreement. e-combuilder shall meet demands exceeding these levels for an additional fee to be agreed with the "Registered User".

10) OWNERSHIP RIGHTS

a)e-combuilder does not claim ownership of content of the "Registered Users" website. However, the "Registered User" acknowledges and hereby agrees that any software, graphic designs, style templates, icons, HTML code, and other graphic elements used in the Subscriber Service are the exclusive property of e-combuilder and its suppliers.

b)In addition, e-combuilder owns all right, title and interest in and to e-combuilder and associated companies trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of the Subscriber Service and the e-combuilder Web Site.

c)To the extent any trade names, ™Trade Marks, or other proprietary marks of third parties ("Third Party Marks") are incorporated into any component of the Subscribe Service, the "Registered User" agrees that such Third Party Marks are the intellectual property of such third parties.

d)e-combuilder provides the "Registered User" with non-exclusive, non-transferable, limited use of the e-combuilder Software, which the "Registered User" agrees to use in accordance with the "Terms and Conditions" of this Agreement.

e) The "Registered User" may not allow or cause to be allowed fees or charges to be made to any other person or entity for use of or access to the e-combuilder Software without first obtaining written permission from e-combuilder.

f) The Software is owned by e-combuilder and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization and source code are considered trade secrets of e-combuilder and its suppliers and are protected by trade secret laws.

g)WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE "REGISTERED USER" MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.

h) Domain names registered on this website by the "Registered User" remain the exclusive property of the "Registered User". e-combuilder grants the "Registered User" the exclusive right to use any domains registered through this website for an unlimited and indefinite period of time subject always to the Hosting fees and subscription charges  being credited to the nominated bank account of e-combuilder as they fall due.

i)In the event of termination of the Hosting Agreement either by the "Registered User" or by e-combuilder the "Registered User" retains ownership of the Domain Names always provided that all fees and subscriptions charges have been paid as they fall due.

 11)DISCLAIMER OF WARRANTIES.

a) THE "REGISTERED USER" EXPRESSLY UNDERSTANDS AND AGREES THAT: THE "REGISTERED USER'S" USE OF THE SERVICE PROVIDED BY E-COMBUILDER IS At THE "REGISTERED USER'S" SOLE RISK. E-COMBUILDER AND ITS SUPPLIERS PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SUBSCRIBER SERVICE, THE E - COMBUILDER WEB SITE AND THE "REGISTERED USER" WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

b) E-COMBUILDER AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET THE "REGISTERED USER’S" REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE " REGISTERED USER" THROUGH THE SERVICE WILL MEET THE "REGISTERED-USER'S" EXPECTATIONS.

c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SUBSCRIBER SERVICE, THE E COMBUILDER WEB SITE OR THE "REGISTERED USER" WEB SITES IS PERFORMED AT THE "REGISTERED USER'S" OWN DISCRETION AND RISK, AND THE "REGISTERED USER" WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE "REGISTERED USER'S" COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

12)LIMITATION OF LIABILITY

a)THE "REGISTERED USER" AGREES THAT THE MAXIMUM LIABILITY OF E-COMBUILDER AND THAT OF ANY THIRD PARTY PROVIDING SERVICES AS PART OF THE E-COMBUILDER SUBSCRIBER SERVICE IS ENTIRELY BOUND UP IN THE "REGISTERED USER’S" EXCLUSIVE REMEDY WITH RESPECT TO THE SUBSCRIBER SERVICE AND ANY MATTER ARISING OUT OF THIS AGREEMENT BEING SOLELY LIMITED TO THE AMOUNT THE "REGISTERED USER" PAID TO E-COMBUILDER FOR SUCH SUBSCRIBER SERVICE.

b) E-COMBUILDER, ITS CONTRACTORS, AFFILIATES (INCLUDING THIRD PARTIES PROVIDING SERVICES AS PART OF THE SUBSCRIPTION SERVICE) AND PARENT COMPANIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SUBSCRIBER SERVICE, OR ANY OF THE E-COMBUILDER WEB SITES, WEBSITE BUILDER SERVICE, WEB HOSTING SERVICE OR OTHER E-COMBUILDER SERVICES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES. BECAUSE SOME COUNTRIES AND STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES OR STATES, E-COMBUILDERS LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. AND IT DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO:

c)LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS;

d)LOSS OR LIABILITY RESULTING FROM DATA NON-DELIVERY OR DATA MIS-DELIVERY;

e)LOSS OR LIABILITY RESULTING FROM ACTS OF GOD;

f)LOSS OR LIABILITY RESULTING FROM ANY ACT OF TERRORISM

g)LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF THE "REGISTERED USER'S" ACCOUNT INFORMATION (INCLUDING ANY PASSWORDS);

h)LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICE(S) PROVIDED UNDER THIS AGREEMENT;

i)LOSS OR LIABILITY RELATING TO THE DELETION OF OR FAILURE TO STORE E-MAIL MESSAGES;

j)LOSS OR LIABILITY RESULTING FROM THE DEVELOPMENT OR INTERRUPTION OF THE "REGISTERED USER'S" E-COMBUILDER WEB SITE OR ANY OF THE SERVICES INCLUDED IN THE SUBSCRIBER SERVICE;

k)LOSS OR LIABILITY FROM THE "REGISTERED USER'S" INABILITY TO USE E-COMBUILDER'S WEB SITE EDITOR SERVICE OR ANY COMPONENT OF THE SUBSCRIBER SERVICE;

l)LOSS OR LIABILITY THAT THE "Registered User" MAY INCUR IN CONNECTION WITH E-COMBUILDER'S PROCESSING OF THE ("REGISTERED USER'S") APPLICATION FOR E-COMBUILDER'S SERVICES, E-COMBUILDER'S PROCESSING OF ANY AUTHORIZED MODIFICATION TO THE "REGISTERED USER'S" E-COMBUILDER WEB SITE OR REGISTRATION DATA, OR THE "REGISTERED USER'S" AGENTS FAILURE TO PAY ANY FEES, INCLUDING THE MONTHLY SUBSCRIBER SERVICE FEE. THE "Registered User" HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT E-COMBUILDER IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH E-COMBUILDER.

m)IN NO EVENT SHALL E-COMBUILDER'S AGGREGATE LIABILITY TO THE "Registered User" AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT THE "Registered User" ACTUALLY PAYS TO E-COMBUILDER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR £500.00, WHICHEVER IS LESS

n) The terms of this Section will survive any termination or cancellation of this agreement.

 13) INDEMNIFICATION

a) The "Registered User" agrees to indemnify and hold e-combuilder and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the "Indemnified Parties") harmless from any and all claims, demands, losses, liability costs and expenses (including, but not limited to, reasonable legal' fees), incurred by an Indemnified Party arising out of or related to (i) the ("Registered User's") breach of this Agreement; (ii) any dispute or litigation between an Indemnified Party and a third party caused by the ("Registered User's") actions; and (iii) The ("Registered User's") negligence or violation or alleged violations of any rights of another.

b)These obligations will survive any termination use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of e- combuilder and/or its suppliers, affiliates, partners, subsidiaries and employees.

 14)MODIFICATIONS

a)e-combuilder reserves the right to modify this Agreement at its sole discretion upon thirty (30) days written notice to the "Registered User" of any such modification and the effective date of such modification.

b)If any modification to this Agreement is unacceptable to the "Registered User", the "Registered User" may immediately terminate or cancel this agreement by providing written notice to e-combuilder. The "Registered User" will not receive any refund of fees paid by the "Registered User" hereunder in connection with any such termination.

c)If the "Registered User" does not terminate or cancel the Agreement, or if the "Registered User" continues to use the SUBSCRIBER SERVICE following any modification to this Agreement, the "Registered User's" continued use will be construed as the "Registered User's" acceptance of that modification.

 15)TERM AND TERMINATION

a) Term: The term of this Agreement shall be for one year from the date of the "Registered User's" agreement to the "Terms and Conditions" hereof (the "Effective Date") and shall thereafter continue on an annual basis, unless either Party notifies the other of termination, in accordance herewith.

b)Termination without Cause

j)By the "Registered User": The "Registered User" may terminate this Agreement at any time by written notice to e-combulider otherwise this Agreement will remain in force except in the case of default.

ii)By e-combuilder: e-combbuilder may terminate this Agreement at any time, without cause, upon thirty-(30) days' written notice to the "Registered User".

iii)Termination for Default: e-combuilder may terminate this Agreement, without notice, if in the sole judgment of e-combuilder the "Registered User" is in violation of any of the Usage Guidelines set forth herein. e-combuilder may terminate this Agreement upon thirty (30) days' written notice if in the sole judgment of e-combuilder the "Registered User" is in default of any material provision of this Agreement (other than the Usage Guidelines) and the "Registered User" has not remedied such default by the end of the thirty (30) days

 15)EFFECT OF TERMINATION

a)Upon any termination of this Agreement, the "Registered User's" right to use the SUBSCRIBER SERVICE (and, therefore, the "Registered User's" use of the e-combuilder WEB SITE) will automatically terminate, and the "Registered User" shall immediately cease from any use of the e-combuilder WEB SITE and  SUBSCRIBER SERVICE.

b)e-combuilder shall immediately cease providing the SUBSCRIBER SERVICE to the "Registered User" and will cease charging the "Registered User's" Credit Card Account for the Monthly Subscription Service Fee if applicable as of the expiration of the monthly billing cycle in which the termination is effective subject always to the "Registered User's" account with e-combuilder not being in default in which case the "Registered User" agrees unreservedly to grant e-combuilder the right to use the "Registered User's" Credit Card to make good any amount that is in default by the "Registered User" to e-combuilder at the time this Agreement is terminated..

c)Unless otherwise specified in writing by e-combuilder, the "Registered User" will receive no refund for monthly payments paid in advance by the "Registered User" as of the date of termination.

d)If termination of this Agreement is due to the "Registered User's" default hereunder, the "Registered User" shall bear all costs of such termination, including any reasonable costs e-combuilder incurs in closing the "Registered User's" account. The "Registered User" agrees to pay any and all costs incurred by e-combuilder in enforcing the "Registered User's" compliance with this Section.

 16)SURVIVAL

In the event of termination of this Agreement for any reason, the following sections shall survive:

• Definitions
• Payment
• Ownership Rights
• Restrictions
• DISCLAIMER OF WARRANTY
• LIMITATION OF LIABILITY
• Indemnification
• Modifications
• Term and Termination
• Notices
• Miscellaneous

 17)NOTICES

a) All notices to e-combuilder must be sent either in writing or by e-mail, except as otherwise expressly provided herein. All notices to the "Registered User" shall be delivered to the "Registered User's" e-mail address as provided in the "Registered User's" account information (as updated by the "Registered User" pursuant to this Agreement).

b)Either party may change their respective address by written notice delivered to the other party. All notices delivered in writing hereunder must be sent by recorded delivery.

 18) ARBITRATION/ JURISDICTION

a)The Registered User agrees that any dispute or claim arising out of or related to the Services provided under the terms of this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by  law. The proceedings shall be conducted and all evidence shall be offered in the English language.

b)The "Registered User" agrees that any claim against e-combuilder must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be barred forever.

c)Notwithstanding the above, e-combuilder may apply to any court of competent jurisdiction (i) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary, including without limitation for breach of this agreement or to collect fees due and owing from the "Registered User" pursuant to this Agreement, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.

d)This Agreement shall be governed in all respects by the laws of the United Kingdom. Such law shall be applied by the arbitrator to the merits of any dispute or claim. For any non-arbitral action or proceedings arising out of or related to the Service or this Agreement, both parties submit to sole and exclusive jurisdiction and venue in the courts located in the United Kingdom and further agree that any such action or proceeding shall be brought in a court in the United Kingdom.

e)A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 19)GENERAL

a)This agreement constitutes the entire agreement between the "Registered User" and e-combuilder with respect to the SUBSCRIBER SERVICE and the "Registered User's" use of the e-combuilder WEB SITE and WEB EDITOR and supersedes all prior agreements between the "Registered User" and e-combuilder pertaining to the same.

b)e-combuilder’s failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.

c)Interpretation and enforcement of this agreement will be governed by the laws of the United Kingdom of Great Britain (excluding its choice of law rules). The "Registered User" hereby consents to personal jurisdiction in the courts of the United Kingdom of Great Britain for any action arising out of or related in any way to this Agreement or relating to the "Registered User's" use of the SUBSCRIPTION SERVICE (or any component thereof).

d)Nothing in this agreement will be construed as creating a joint venture, license, partnership, employment or agency relationship between the "Registered User" and e-combuilder, and the "Registered User" has no authority to create any obligation or make any representation on behalf of e-combuilder . Other than as specified herein, neither party makes any representations, or assumes or creates any obligations, on behalf of the other. The "Registered User" may not assign this agreement, by operation of law or otherwise, without e-combuilder's written consent. Subject to the foregoing, this agreement will be binding on, inure to the benefit of and be enforceable against the "Registered User" and e-combuilder and their respective successors and assigns.

e)Other than services provided as a part of the SUBSCRIBER SERVICE, e-combuilder is not responsible for and shall have no liability with respect to any products and/or services purchased by the "Registered User" from other parties, whether through the e-combuilder Web Site or otherwise, and the provision of any such other products and/or services shall be subject to the "Registered User's" agreement, if any, with the party providing the other products and / or services. The terms of this Section will survive any termination of this agreement.

 20)INDEPENDENT REVIEW

THE "REGISTERED USER" ACKNOWLEDGES THAT THE "REGISTERED USER" HAS READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT THE "REGISTERED USER" AGREES TO ALL ITS TERMS AND CONDITIONS. THE "REGISTERED USER" HAS INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.

 21)INTERNET DOMAIN NAMES

a)e-combuilder uses other parties to register Domain Names. The "Registered User" hereby authorizes e-combuilder to acquire selected Domain Names from third parties and the "Registered User" understands that the "Registered User" is creating a separate contractual relationship between the "Registered User" and the third party and that the "Registered User", and not e-combuilder, is responsible for all liability, and obligations in connection with that relationship.

b)The "Registered User" will be listed as the registrant and administrative contact in connection with the "Registered User's" Domain Name.

c)The "Registered User" hereby authorizes e-combuilder to list itself as the billing contact, technical contact and name servers in connection with the "Registered User's" Domain Name and to take any actions e-combuilder deems appropriate in those capacities. However, upon termination of the Service, e-combuilder will immediately cease acting in those capacities. After such time, e-combuilder will not be responsible to forward any notices, emails or other correspondence to the "Registered User" or to take any other actions in connection with the "Registered User's" Domain Name.

d)The "Registered User" will be solely responsible for all ongoing fees, as well as removing e-combuilder as the billing, technical contact and name servers in connection with the "Registered User's" Domain Name.

 22)SPAM (Unsolicited Commercial E-mail)

e-combuilder in no way participates in mass unsolicited e-mailing (i.e. spamming), and it is a condition of registration that all "Registered Users" adhere to this policy. Violation of the above will result in the termination of this contract and immediate shut down of the site.

 22)PAYMENT PROCESSING

a)e-combuilder has chosen SECURETRADING to provide merchant account and payment gateway services which will enable the "Registered User" to process credit card transactions at the "Registered User's" Web Site.

b)It is the responsibility of the "Registered User" to acquire a necessary Merchant Account through which to transmit online credit card payments. The "Registered User" will be governed by the terms agreed between the "Registered User" and the chosen Merchant Account provider.

c)In order to establish a Payment Gateway for the "Registered User" to process credit cards, the "Registered User" must agree to SECURETRADING’S and the chosen Merchant Account provider’s (M A P) terms and conditions. The "Registered User" understands that by accepting MAP’s terms and conditions, the "Registered User" is creating separate contractual relationships between the "Registered User" and the MAP and not e-combuilder, and the "Registered User" is responsible for all liability, and obligations in connection with that relationship. e-combuilder is not responsible for the actions or inaction of the MAP or the unavailability or malfunction of their networks or services.

d)e-combuilder is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between the "Registered User" and the MAP In the event of a MAP Dispute, the "Registered User" hereby releases e-combuilder (and its officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes.

 23)E-COMBUILDER PRIVACY POLICY

e-combuilder promises to protect the "Registered User's" privacy. The information e-combuilder collects about the  "Registered User" is used for the purpose of processing the "Registered User's" orders and to help give the "Registered User" the best possible service. e-combuilder does not disclose any personally identifiable information about the "Registered User" to any third party without the "Registered User's" permission or if required to do so by law, but e-combuilder may share aggregated information about its "Registered User's" with third parties, such as advertisers or partners, for marketing and promotional purposes.  e-combuilder does not pass on any personal information to others without the "Registered User's" consent. e-combuilder may use information to tell the "Registered User" about special offers or changes in the service which e-combuilder think may be of interest to the "Registered User" but e-combuilder promise not to bombard the "Registered User" with junk mail.

e-combuilder is committed to protecting the privacy of the "Registered User".

 e-combuilder will only use information collected about the "Registered User" lawfully (in accordance with the Data Protection Act 1998). e-combuilder collects information about the "Registered User"  to process the "Registered User's" orders and to help e-combuilder to provide the "Registered User" with the best possible service. e-combuilder will give the "Registered User" the opportunity to refuse any marketing email from e-combuilder or from another source in the future.

The type of information e-combuilder will collect about the "Registered User" includes: the "Registered User's" Name · Address · Telephone number · email address · Credit/Debit Card details - bank account details.  e-combuilder will never collect sensitive information about the "Registered User" without the "Registered User's" explicit consent. The information e-combuilder hold will be accurate and up to date. The "Registered User" may check information held by e-combuilder about the "Registered User" by emailing e-combuilder. If the "Registered User" finds any inaccuracy e-combuilder will promptly delete or correct it. The personal information which e-combuilder holds will be held securely in accordance with the internal security policy and the law.

If e-combuilder intend to transfer information it holds about the "Registered User" outside of the EEA (European Economic Area) e-combuilder will always seek to first obtain the consent of the "Registered User".

e-combuilder may use technology to track the patterns of behaviour of visitors to its site. This can include using a "cookie" which would be stored on the "Registered User's" browser. The "Registered User" can usually modify the "Registered User's" browser to prevent this taking place. The information collected in this way can be used to identify the "Registered User" unless the "Registered User" modifies the"Registered User's" browser settings.

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