Terms and Conditions

By using 21Publish's web site or any of 21Publish clients' websites, you agree to be bound by the following Terms and Conditions. We may amend this Agreement at any time by posting the amended Terms and Conditions on the 21Publish web site. All amended Terms and Conditions shall automatically be effective 30 days after they are initially posted on the 21Publish web site. This Agreement may not be otherwise amended except in a writing signed by you and 21Publish Inc. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on May 20th, 2005 for all users.

• 1. Description of Service
  
  • 1.1. 21Publish provides services to its clients via its website.
  • 1.2. You understand and agree that the service is provided "AS-IS" and that 21Publish assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any of your communications or personalization settings. You are solely responsible for obtaining access to the service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the service.
  • 1.3. All changes to 21Publish services will be subject to these Terms and Conditions.
• 2. Fees, Payment of Fees
  
  • 2.1. 21Publish charges all fees according to the current price list. All such fees are subject to change with 30 days notice. 21Publish reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not effect the then existing rights and responsibilities of each party. 21Publish reserves the right to change the rate charged for any such fee under this agreement with 30 days notice. Promotional offers and rates may not be combined.
  • 2.2. Payment for all products and services is due in advance, unless specifically stated otherwise. All payments shall be made in United States Dollars.
    If payments are made by credit card (Mastercard, Visa, American Express, Discover) you authorize 21Publish to charge the credit card provided by you for the amount of the fees due.
  • 2.3. You further authorize 21Publish to charge your credit card provided by you for all subsequent period fees at, or a reasonable period in advance of, the commencement of any such subsequent period. Should you fail to provide credit card authorization to pay for the overage, 21Publish, at its sole discretion will have the right to suspend your account and/or terminate it.
• 3. Cancellation Policy
  • 3.1. The initial term of this Agreement shall be one (1) month with automatic renewal for the subsequent additional month, after the expiration of the initial term (each month is a “Contract Term”). 21Publish reserves the right to accept pre-payment of renewal periods and may from time to time offer financial incentives for such pre-payment. The Contract Term, however, shall remain one (1) month.
  • 3.2. If you do not wish to renew the contract, you have to notify 21Publish in writing that you do not wish to renew this Agreement. You will be required to pay any outstanding charges owed.
  • 3.3. Please be aware that there are no pro-rated refunds after the first 30 days of service regardless of the billing cycle.
• 4. Registration and Security
  • 4.1. The Products and Services will require the user to register and provide certain data. In consideration of your use of the Products and Services, in registering and providing such data, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction, and you warrant that : (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by the registration form ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or 21Publish has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 21Publish has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.
  • 4.2. You acknowledge the receipt of the 21Publish Privacy Policy.
  • 4.3. The minimum age for using the 21Publish Products and Services is 18.
  • 4.4. Upon registration, you will select a Site Name as well as a login and a password. You will notify 21Publish immediately of any known or suspected unauthorized use, activities or disclosure of the Site or any information, or any other breach of security.
  • 4.5. 21Publish will not be liable for any failure by you or any persons affiliated with you to comply with these Terms and Conditions.
• 5. Termination
  • 5.1. This agreement may be terminated at any time by either party with 30 days notice. 21Publish reserves the right to offer promotional terms ("Free Trial") that allow a termination of the contract immediately.
  • 5.2. 21Publish, in its sole discretion, may terminate, cancel, suspend, limit, discontinue, and/or deactivate (temporarily or permanently) all or any part of the services, registration code, any password, Site Name, registration, any part or all of the Site, and/or your access to the 21Publish software and use of any part or all of their personally identifiable information, Registration Information, Site Information, the services and/or the Site, and/or their rights under these Terms and Conditions (all of the foregoing rights and actions to "Terminate" or a "Termination"), all at any time, including without limitation if
    
    • (a) 21Publish believes that you or an affiliated member of yours has violated or is threatening to violate these Terms or any other policy of 21Publish, its Third Party Providers or applicable law, has misused or is threatening to misuse the services, or has conducted or is threatening to conduct any fraudulent, abusive, or illegal activity,
    • (b) 21Publish believes that you or an affiliated member of yours has accessed or is attempting to access any part of the Services or Content without authorization, or the Site, or Registration, Site or Personal Information of any other user that you assign its rights to the Site or the Site Name,
    • (c) 21Publish discontinues the Services or any part thereof for any reason.
  • 5.3. 21Publish reserves the right to investigate the validity of any complaint presented to it which alleges that any site has been used to conduct fraudulent, abusive or illegal activity, or has been used in any way which violates these Terms. Such investigations may include logging on to the site and/or reviewing any data or information contained therein. 21Publish will not, however, provide any such information to any third party unless required by law or court order.
• 6. License
  Pursuant to the terms and conditions set forth herein, 21Publish grants you a non-exclusive, limited, personal, non-transferable license to use the 21Publish online Software.
• 7. Storage/ Backup and Availability
  You agree that 21Publish is not responsible or liable for any insufficient storage capacity or bandwidth limitation or the deletion or failure to store data or information. 21Publish regularly backs up site information stored on the Site (the site or corresponding web space), and stores the same for a limited time. However 21Publish will have no liability for any failure to back up or restore such Site Information, or for interruptions, delay or suspension of access to or unavailability of Site, Registration or Personal Information, or any loss of such Information, data or transmissions.
• 8. Copyrights/ Trademarks
  You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
• 9. Content
  
  • 9.1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not 21Publish, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the service. 21Publish does not control the Content posted via the service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will 21Publish be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the service.
    
    You agree to not use the service to:
    
    • upload, post, email, transmit or otherwise make available 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 21Publish official, guide or host, or falsely state or otherwise misrepresent an 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, transmit or otherwise make available any Content that you do not have a right to make available 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, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
    • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation,
    • upload, post, email, transmit or otherwise make available 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;
    • interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
    • intentionally or unintentionally violate any applicable local, state, national or international law,
    • "stalk" or otherwise harass another; or
    • collect or store personal data about other users.
  • 9.2. You acknowledge that 21Publish may or may not pre-screen Content, but that 21Publish and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the service. Without limiting the foregoing, 21Publish and its designees shall have the right to remove any Content that violates these terms or is otherwise objectionable. 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.
  • 9.3. 21Publish does not claim ownership of Content you submit or make available for inclusion on the service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the service, you grant 21Publish a world-wide, royalty free and non-exclusive license(s) for 21Publish’s promotional purposes only.
• 9A. Advertisers and Content Linked to from 21Publish Web Sites
  
  • 21Publish may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave the 21Publish Web Sites to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. 21Publish has no control over such sites and resources. You acknowledge and agree that 21Publish is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that 21Publish shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
  • Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the 21Publish Web Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that 21Publish shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the 21Publish Web Sites.
• 10. Indemnity
  You agree to indemnify and hold 21Publish, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the service, your use of the service, your connection to the service, your violation of the these Terms and Conditions, or your violation of any rights of another.
• 11. Confidentiality
  It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of 21Publish, including but not limited to the 21Publish customer service and maintenance tools. You acknowledge that all right and title to any such 21Publish intellectual property shall remain the sole property of 21Publish and that you have no right, title or interest therein. You further agree not to provide access to the 21Publish services to any third party. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the 21Publish services shall also remain the sole property or 21Publish. During the term of this agreement you have access to certain information and materials relating to the 21Publish business, customers, software technology and marketing which 21Publish treats as confidential (hereinafter "Confidential Information"). You agree to at all times during the term of this agreement and otherwise as set forth herein: (a) hold in confidence, and not disclose or reveal to any person or entity, any "Confidential Information" without the express prior written consent of 21Publish; and (b) not use or disclose any of the "Confidential Information" for any purpose at any time, other than pursuant the rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
• 12. Warranty
  All 21Publish services are provided to you on an “as is” basis. 21Publish makes every reasonable effort to maintain operation of the 21Publish services. However because many events and circumstances are beyond the control of 21Publish, 21Publish does not in any way warrant or otherwise guarantee the availability of the 21Publish system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of 21Publish. 21Publish may, at its sole discretion, limit or deny access to its servers, if, in the judgment of 21Publish, such limitations or denials of access are required to assure the security of the network, the integrity of the network structure, or to prevent damage to the network, the software or the data stored on the 21Publish servers.
• 13. Limitation of Liability
  THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO 21PUBLISH IN THE SIX MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY, BUT IN NO EVENT TO EXCEED $15,000. IN NO EVENT SHALL 21PUBLISH BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
• 14. Waiver
  You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
• 15. Indemnity and Release
  By using the 21Publish Products and Services you agree to indemnify 21Publish, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the 21Publish Products and Services, your use of the Products and Services, or your submission of ideas and/or related materials to 21Publish or from any person's use of any account or password you maintain with any portion of 21Publish, regardless of whether such use is authorized by you. By using the 21Publish Products and Services, or submitting any ideas and/or related materials to 21Publish, you are hereby agreeing to release 21Publish and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to 21Publish.
• 16. Force Majeure
  Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that if the event of a force majeure described in this Section extends for a period in excess of thirty (30) days in the aggregate, 21Publish may immediately terminate this Agreement.
• 17. Choice of Law
  This Agreement shall be interpreted under the laws of the State of New York, without regard to any conflict of laws provisions.
• 18. Acceptance of Agreement
  You acknowledge that you and all affiliates of your registered account have read this agreement and agreed to all its terms and conditions. You accept full responsibility for all actions of your affiliated members.
• 19. SPAM policy
  21Publish prohibits spamming and all unethical marketing activities.
  
  As follows are examples of such unethical activities:
  
  • Relaying email from a third party's mail servers without the permission of that third party
  • Using "robots" or otherwise harvesting other's email addresses from the 21Publish’s site for purposes of sending unsolicited or unauthorized material.
  Violations of our Spamming Policy will result in legal action against you and the termination, without notice, of 21Publish’s services for you.
  
  If your actions cause one of 21Publish mail relays to be placed on blackhole lists or other mail filtering software systems used by companies on the internet, you will be assessed a $500 standardized damage payment due with the next billing cycle.

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