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Service Agreement

By using the WebCrimson Services, you are signifying that you have read, understood, and agree to all of the terms and conditions in this Agreement.

The WebCrimson Services

Subject to the terms of this Agreement, WebCrimson will provide Services including hosting of digital Content and access to WebCrimson's proprietary software (the "Software") for digital content management and for creating and maintaining Internet websites.

To use the Services you must have access to the World Wide Web, including the services (e.g. ISP services), equipment (e.g. computer or other Internet access device and modem), and software (e.g. Internet Explorer or Netscape) necessary to make a connection to the World Wide Web. You are responsible for any fees or other payments necessary to make this connection. The WebCrimson Services do not include access to the World Wide Web.

The specific functionality of the WebCrimson Software varies across Internet Browser software and operating systems. For optimal functionality, you must use Internet Explorer version 4.0 (or higher) on a PC Windows operating system.

Acceptance of Terms

WebCrimson's proprietary Software (the "Software") is provided to you under the terms and conditions of this Services Agreement (the "Agreement"). By using the WebCrimson Services, you are signifying that you have read, understood, and agree to all of the terms and conditions in this Agreement. This Agreement is between you ("You" or "Customer") and Xanga.com, Inc. doing business as WebCrimson for use of the WebCrimson Services by You.

Member Conduct

All materials ("Content") submitted to WebCrimson by You in connection with the Services must comply with requirements and limitations set forth in this Agreement. These requirements and limitations are designed to protect our Customers, our Partners, our Company, and the General Public. WebCrimson makes every effort to strictly enforce these requirements at all times. Failure to do so, however, does not in any way waive these requirements and limitations or WebCrimson's right to enforce them.

You must agree not to use WebCrimson's services to:

  • upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, a WebCrimson official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
  • upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • "stalk" or otherwise harass another; or
  • collect or store personal data about other users.

You acknowledge that WebCrimson does not pre-screen Content, but that WebCrimson and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that violates this Agreement or is otherwise objectionable.

You understand that all Content posted to the WebCrimson system or otherwise transmitted via the Service is the sole responsiblity of the individual who originally posted the Content. You agree that WebCrimson will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service. You agree that You must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

WebCrimson reserves the right to preserve and disclose Content posted to or transmitted via the Services if reasonably necessary to:

  • enforce this Agreement
  • comply with a legal process
  • protect the rights, property, or personal safety of any party.

Data Transmission Security

You acknowledge that WebCrimson has no control of the communications lines used to access the WebCrimson Services because such lines are provided by a third party public utility and, as such, that the security of transmissions to and from the Services is not the responsibility of WebCrimson.

Right to Transmit Data

You understand that use of the WebCrimson Services involves transmittion of your Content over multiple networks and to various devices for accessing your Content and these Services. You hereby grant to WebCrimson a non-exclusive, worldwide, royalty-free license to reproduce, distribute, transmit and display any Content that you post to the WebCrimson system solely as needed for the normal functioning of the WebCrimson Software and Services. This license shall automatically and immediately terminate upon termination of your WebCrimson Services account.

Proprietary Rights

Copyrights

All content created by WebCrimson, its partners, or its suppliers and included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of WebCrimson (or its partners or suppliers) and protected by U.S. and international copyright laws.

Trademarks

WEBCRIMSON is a trademark of Xanga.com, Inc. in the United States and other countries. Xanga.com's trademarks may not be used in connection with any product or service that is not Xanga.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WebCrimson or Xanga.com.

Software and Other Intellectual Property Rights

You acknowledges that WebCrimson owns all intellectual property rights (including goodwill) in the Software, modifications, or changes by either party (You or WebCrimson) and any associated documentation. You hereby irrevocably transfers to WebCrimson all rights, title and interest you may have in the Software.

Customer Proprietary Rights

WebCrimson acknowledges that you and/or your Licensors own all intellectual property rights in your website, trademarks, service marks, and logos, including all components and any associated documentation.

Trademark Licenses

Subject to your approval, which shall not be unreasonably withheld or delayed, you may grant to WebCrimson a non-exclusive, worldwide, royalty-free license to reproduce, distribute, transmit and display your trademarks, service marks, and logos solely for the following purposes:

  • Displaying, distributing and promoting your WebCrimson-powered Site
  • Promoting and marketing WebCrimson's products and services
  • Promoting and marketing the products and services of WebCrimson's partners and affiliates

Subject to your approval, which shall not be unreasonably withheld or delayed, WebCrimson may also issue a press release generally describing the transaction contemplated by this Agreement or otherwise stating that you are a user of the WebCrimson product.

Subject to the terms and conditions of this Agreement, WebCrimson grants you a limited, non-exclusive, worldwide, royalty-free license to reproduce, distribute, transmit and display WebCrimson's trademarks, service marks, and logos only in the form provided by WebCrimson and solely as needed for the normal functioning of the WebCrimson Software and Services and/or as required by any Special Promotions in which You participate.

Software Licenses, Access to Software, and Restrictions

Subject to the terms and conditions of this Agreement, WebCrimson hereby grants you a limited, non-exclusive, non-transferable and revocable license to access and use the Software in accordance with the specific limitations set forth in this Agreement and in any applicable Exhibit provided that an Order (defined as a Purchase Order or a completed, valid application for WebCrimson's Free Trial or any of WebCrimson's Special Promotions) for the relevant Software has been accepted by WebCrimson. Unless expressly provided in any applicable Exhibit, the Software shall be hosted and served and executed solely by a server under the direct supervision and control of WebCrimson or its contractor. You shall not receive a copy of the Software, nor have any other rights to the Software other than those granted under this Agreement.

As a licensee of the Service you hereby acknowledge that you may not:

  • Sublicense, transfer or otherwise convey the Software to any third party
  • Reverse engineer, disassemble or otherwise reduce the Software to human-readable form
  • Use or copy the Software except as expressly authorized under this Agreement
  • Modify or create derivative works of the Software
  • Attempt to access any software hosted and served by WebCrimson or its contractor's computers except for the Software.

This Software License shall automatically and immediately terminate upon termination of your WebCrimson Services account. WebCrimson has the right to terminate the license of any user at any time for any or no reason whatsoever, solely in the discretion of WebCrimson and its partners.

WebCrimson grants you no other license or right, by estoppel, implication or otherwise, except for licenses and rights expressly granted in this Section.

Integration, Maintenance, and Support

No Integration Assistance

WebCrimson shall provide only the documentation available through the WebCrimson website to assist in integrating the WebCrimson software into your web site. Further integration support and services are available upon request and at an additional fee. For more information, please contact support@webcrimson.com.

System and Software Changes

WebCrimson reserves the right, as reasonably necessary or convenient for WebCrimson's own purposes or to improve the quality of the Software, to change rules of operation of the Software, accessibility periods of the Software, Customer identification procedures, types of equipment utilized by WebCrimson, system interfaces, operating and other system and network software, utilities, and database software, and to implement enhancements or updates to the Software.

Support Services

All Customers shall receive basic email support services for issues that involve use of the Software as contemplated in this Agreement. For an additional payment, WebCrimson offers priority support services ("Priority Support") for the Software. With Priority Support, Your email inquiries are answered before inquiries from any other Customer who has not purchased Priority Support. Basic fees paid for use of the WebCrimson Software do not include Priority Support. For more information, please contact support@webcrimson.com.

FREE Services and Special Promotions

WebCrimson offers FREE Services and Special Promotions in which Customers receive free services or credits toward their monthly Service Fees, including:

  • FREE WebCrimson Service Plan for Weblog Owners (crimsonblog.com) 
  • FREE WebCrimson Service Plan for Webzine Owners (crimsonzine.com)
  • Other WebCrimson Service Plan Credits

Eligibility 

FREE Service Plans are for Personal Use Only.

If you would would like to use WebCrimson for your business or organization, you must purchase a professional WebCrimson license. Please contact support@webcrimson.com for more information and pricing. We offer a full suite of website design, configuration and consulting services, as well. And we just like brainstorming about websites. So if you'd like to discuss ideas for your website, please feel free to contact us anytime.

Requirements

If you are using a FREE Service or participating in a Special Promotion, we ask that you please provide at least one link to WebCrimson (http://www.webcrimson.com) somewhere on the pages of your website that are actually updated through the WebCrimson system. A simple text link such as "Thanks, WebCrimson" or "Site Powered by WebCrimson" would be more than enough - thanks!

If your site is hosted at one of WebCrimson's FREE Hosting sites (e.g. crimsonblog.com or crimsonzine.com) you are required to display a small, automated footer at the bottom of each of your website pages. This footer includes an automated link to help you edit your site as well as links to WebCrimson or one of it's daughter sites (e.g. crimsonblog.com or crimsonzine.com). We reserve the right to put additional promotional messages or advertisements in this footer area of FREE Hosting sites (we personally dislike gaudy banners and the like, which is why we kept banners off the top of FREE Hosting sites. If we ever use the footer area for additional promotions or advertisements, we will likely use text ads or other more discreet formats).

Service Plan Restrictions - FREE Accounts

WebCrimson currently imposes no limits on Users, Pages, Updates, or Storage space for each of its FREE Accounts (FREE Service Plans). We reserve the right to introduce such limits into FREE Service Plans at any time. You will be notified prior to any changes that would immediately impact your Service Plan.

Service Plan Restrictions - PAY Accounts

Each WebCrimson PAY Account (PAY Service Plan) carries different restrictions (upper limits) on Users, Pages, Updates, or Storage space. These restrictions are used to determine your WebCrimson Service Fee, and you are responsible for ensuring that you remain within the specific restrictions of your Service Plan. If you exceed any such restrictions in a given billing period, you agree to compensate WebCrimson as outlined below.

Users

The total number of individual Users that may access your WebCrimson account is equal to the number of User Licenses included in your Basic Service Plan plus any additional User Licenses that you may purchase. Each User License is granted to one specific individual; each individual will be asked to use a unique "User Account" to claim the User License and gain access to your WebCrimson Account.

Each User License is transferrable to a different individual User at any time, but you may not use a single User License to grant multiple individuals simultaneous access to your WebCrimson account. In other words, each individual User Account used to access your WebCrimson Account may be used by only one individual. Allowing multiple individuals to access your WebCrimson Account through a single User Account is a violation of this Agreement and will result in immediate termination of Services (and other consequences) as described in the "Termination of Services" section below.

Pages

WebCrimson currently imposes no limit on the number of Pages you may edit through the WebCrimson system as part of your WebCrimson Services. We reserve the right to introduce Page limits into each Service Plan at any time (with additional Pages available at an additional fee). You will be notified prior to any changes that would immediately impact your Service Fees.

Updates

WebCrimson currently imposes no limit on the number or frequency of Updates you may make through the WebCrimson system as part of your WebCrimson Services. We reserve the right to introduce Updates limits into each Service Plan at any time (with additional Updates available at an additional fee). You will be notified prior to any changes that would immediately impact your Service Fees.

Storage

WebCrimson currently imposes no limit on the amount of Content you may store in the WebCrimson system as part of your WebCrimson Services. We reserve the right to introduce Storage limits into each Service Plan at any time (with additional storage available at an additional fee). You will be notified prior to any changes that would immediately impact your Service Fees.

NOTE: Storage space inside of the WebCrimson Content Management System (the "Webcrimson system") is separate from the storage space included with CrimsonHosting web hosting plans. CrimsonHosting web hosting plans carry their own Storage Space restrictions. If you are a CrimsonHosting client you are responsible for ensuring that you remain within the specific restrictions of your CrimsonHosting Service Plan.

Fees and Payment Policies

For service plan and pricing information, please contact support@webcrimson.com. WebCrimson currently accepts the following credit cards for payment of these fees: Visa, MasterCard, Discover Card. WebCrimson also accepts ACH transactions for payment of fees. All fees are payable in U.S. dollars to Xanga.com, are non-refundable and non-creditable (unless exercising the "Money-Back Guarantee" offer described below), and will automatically be charged to your credit card or bank account on the first day of each applicable period.

WebCrimson reserves the right to change its policies or fees at any time, but will provide you prior notice of any alterations that affect you.

You must pay your first period's charges along with any setup fees currently in effect prior to WebCrimson starting your Services.

You will be billed on a periodic, monthly billing cycle. WebCrimson will automatically bill your credit card or bank account on your billing date (your billing date is the periodic anniversary of the day your WebCrimson Services started. For example, if your services started on the 15th day of a given month, you will have a billing date of the 15th in subsequent months). WebCrimson does not send invoices by either regular mail or email.

All payments shall be due upon your Billing Date. For amounts paid after the Billing Date, WebCrimson reserves the right to charge you interest at the rate of one and one-half percent (1.5%) per month (or the maximum rate permitted by law, if less). You will be responsible for, and will promptly pay, all taxes of whatever nature (including but not limited to sales and use taxes) associated with this Agreement on your receipt or use of the Software and Services, except for taxes based on WebCrimson's net income.

If, on your Billing Date, WebCrimson is unable to withdraw the full amount of your bill due to insufficient, unavailable, or otherwise inaccessible funds, WebCrimson shall immediately suspend your ability to publish updates to your website through the WebCrimson Services. Your full WebCrimson Services will be re-activated upon full receipt of any outstanding balance on your account.

Money-Back Guarantee

Customers eligible for the WebCrimson Money-Back Guarantee ("Money-Back Guarantee"), may elect to cancel their WebCrimson Services and receive a refund equal to 100% of the amount paid to initiate WebCrimson Services. WebCrimson will issue this refund in the form of a credit to the credit card or bank account (for ACH transactions) used during initial registration for these Services.

To be eligible for the Money-Back Guarantee you must send a Money-Back Guarantee request to billing@webcrimson.com within 30 days of the start of your PAY Services. (Please use the words "Money-Back Guarantee" as the subject of the email.)

Xanga imposes a strict limit of one (1) Money-Back Guarantee per individual customer. Individuals who have already claimed a Money-Back Guarantee on WebCrimson Services are not eligible for additional Money-Back Guarantees. Specifically, only one (1) Money-Back Guarantee shall be applicable per unique Credit Card, bank account (for ACH transactions) or unique WebCrimson User email address.

Attempting to claim greater than one Money-Back Guarantee (as determined by WebCrimson, in its sole discretion) is a violation of this Agreement and will result in immediate termination of Services (and other consequences) as described in the "Termination of Services" section below.

Termination of Services

You may cancel your WebCrimson Services at any time by sending a cancellation request to billing@webcrimson.com (please use the words "Cancellation Request" as the subject of the email). To avoid automatic billing for a subsequent billing cycle, you must submit your online cancellation request at least 14 days prior to your billing date. Cancellation requests submitted fewer than 14 days prior to a billing date may result in automatic billing of your credit card for one (1) additional billing cycle.

You agree that you are responsible for all fees described in this Agreement from the start of your WebCrimson Services to confirmed cancellation by WebCrimson.

WebCrimson reserves the right to immediately terminate your Services and remove your Content from WebCrimson's servers if WebCrimson, in its sole discretion, concludes that you have violated or threatened to violate the terms of the Agreement. In the event that WebCrimson terminates your Services in connection with this paragraph, you will not be entitled to a refund of any fees you have paid to WebCrimson.

WebCrimson also reserves the right to terminate your Services for any other cause, at its convenience. In the event that WebCrimson terminates your Service at its convenience, WebCrimson will refund to you a prorated amount of fees which you have pre-paid for the billing cycle in effect at the time of the termination. You agree that this refund shall be your only remedy for termination of service in connection with this paragraph.

Personal Information

You hereby certify to WebCrimson that you are not a minor. (A minor's parent or legal guardian may authorize a minor to use these Services under supervision by the parent or guardian). For purposes of identification, billing and marketing, you must provide WebCrimson with accurate, complete, and updated information required by the registration to the WebCrimson Service, including a valid email address and all applicable payment data (e.g. a credit card number and expiration date). WebCrimson may require a copy of a state issued form of identification before making changes to the billing information or registration data on a Customer's account.

Backups

WebCrimson periodically makes full backups of the information stored on its servers. WebCrimson makes no guarantees of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only.

WebCrimson is not responsible for any of your content that resides on WebCrimson's servers. You are solely responsible for independent backup of data stored on WebCrimson.

Disclaimer

This Site is provided by WebCrimson on an "as is" basis. WebCrimson makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials, products, or Services included on this site. To the full extent permissible by applicable law, WebCrimson disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. WebCrimson will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental punitive and consequential damages.

Limitation of Liability

You hereby agree and acknowledge that if you are not satisfied with the WebCrimson Services, your sole remedy is to discontinue use of these services.

You agree that WebCrimson shall not be liable for any damages suffered as a result of using the Webcrimson Services. In no event shall WebCrimson be liable for any direct, indirect, incidental, punitive, special, consequential, exemplary or other damage (including but not limited to loss of profits, revenue, business, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of information available from this website or performance of services delivered through this website, even if WebCrimson has been advised of the possibility of such damage.

You have sole responsibility for independent backup and adequate protection of data or equipment used in connection with the Services and you will not make a claim against WebCrimson for lost data, work delays, inaccurate output, re-run time, or lost profits resulting from use of the Services.

You agree to hold WebCrimson harmless from, and you covenant not to sue WebCrimson for, any claims based on or related to the use of the WebCrimson Services.

Indemnification

You agree to, indemnify, hold harmless and defend WebCrimson, its officers, directors, employees, agents, and partners, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Services, your violation of this Agreement, or your violation of any laws, regulations, or third-party rights.

Applicable law

This Site is created and controlled by WebCrimson in the State of New York, USA. As such, the laws of the State of New York will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms and conditions at any time.

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