THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH WE (the provider of the 1ADS.NET™ system) OFFER ACCESS TO 1ADS.NET™ SERVICES. BY USING 1ADS.NET™ SERVICE, YOU ACCEPT THE TERMS AND CONDITIONS BELOW.
Welcome to the 1ADS.NET™ system User Agreement. This Agreement describes the terms and conditions applicable to your use of our 1ADS.NET™ services.
By using 1ADS.NET™ services, you accept the terms and conditions of this Agreement.
If you do not accept these terms and conditions, you are not authorized to use 1ADS.NET™ services.
If you have any questions please contact EDC ComputerS, Inc.
We may amend this Agreement at any time by posting the amended terms on our site at
http://www.info.1ads.net/agreement.htm
We will automatically send an email to paying customers (to the email address in
our database) whenever we amend this Agreement.
The amended terms shall automatically be effective 24 hours after we send the email (irregardless whether you receive the email).
This Agreement may not be otherwise amended except in a writing signed by both parties.
This agreement was last revised on January 25, 2007.
1. Eligibility. 1ADS.NET™ services are available only to individuals (including individuals who act on behalf of corporations) who can form legally binding contracts under applicable law.
If you live in a state or jurisdiction that does not allow a disclaimer of implied warranties (see paragraph below), or a limitation of liability (see paragraph below), you are not eligible to view or use 1ADS.NET™ services.
Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services.
We may refuse our services (such as, but not limited to, listings and viewing of listings) to anyone at any time, in our sole discretion.
2. Fees. There is a fee for activating your listings so others can see them.
Our then-current Fees and Credit Policies for using 1ADS.NET™ services are available at http://www.info.1ads.net/fees.htm,
and are incorporated herein by reference. Unless otherwise stated, all
fees are quoted in U.S. Dollars and sent to the provider of the 1ADS.NET™
services at the address shown below.
You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to use or access our services.
We may in our sole discretion add, delete or change some or all of our services at any time.
3. 1ADS.NET™ system is Only a Venue. Sites, using the 1ADS.NET™ system, act as the venue for sellers to list items for sale and for buyers to view the listings and advertisements placed by sellers.
We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items.
We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchase of items they agree to purchase.
In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense.
Because user authentication on the Internet is difficult, we cannot and do not confirm that each user is who they claim to be.
Therefore, you must be careful in dealing with other users to avoid fraud.
We also encourage you to communicate directly with a trading partner to help you evaluate with whom you are dealing.
Please practice safe trading.
Because we do not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more users, you release
the provider of the 1ADS.NET™ service (and our 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 way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
For legal reasons, we cannot nor do we try to control the information provided by other users that is made available through our system.
By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled.
We expect that you will use caution -- and common sense -- when using our system.
4. Bidding & Buying, and Listing & Selling. If you offer to purchase an item (a product or service) and your offer is accepted by the seller, you are obligated to complete the transaction.
On sites using 1ADS.NET™ system, listings are text descriptions, graphics and pictures supplied by the seller that describe the item (product or service) the seller is listing to sell
Without limiting any other remedies, the provider of the 1ADS.NET™ system may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with 1ADS.NET™ system.
Your listings must not infringe upon the copyright, trademark or other rights of third parties.
Without limiting other remedies, the provider of the 1ADS.NET™ system may suspend or terminate your account if you infringe third party intellectual property rights.
The provider of the 1ADS.NET™ system, at its sole discretion, determines what is appropriate for listing.
Without limiting other remedies, the provider of the 1ADS.NET™ system will suspend or terminate your account for a listing (a graphic, photo, logo and/or text description) that
the provider of the 1ADS.NET™ system regards as in bad taste. Listing of “Adult” materials, regardless how legal, is not allowed.
If you have any questions as to what the provider of the 1ADS.NET™ system regards as in bad taste,
contact EDC ComputerS, Inc.
Of course, listing anything that is illegal for you to list, or for a viewer to see, is not allowed.
.
5. Domain Name. 1ADS.NET™ hosing services are purchased from Verio, Inc.
If you received your domain name as a part of the 1ADS.NET™ services you purchased, the Verio,
Inc. terms and conditions are included by reference.
6. Your Information. Your information includes any information you provide to us or other users during the registration or listing process, in any public message area or through any email feature (defined herein as "Your Information"). With respect to Your Information:
8.1. You are solely responsible for Your Information, and we act as a passive conduit for
the online distribution and publication of Your Information. However, we may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
8.2. Your Information and your listing of items for sale on the 1ADS.NET™
system: (a) shall not be fraudulent or involve the sale of counterfeit or stolen items; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain pornography; (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (g) shall not link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement.
Furthermore, you may not post on our site or sell through our site any: (x) item that, could cause us to violate any applicable law, statute, ordinance or regulation, or (y) item that is currently on
the 1ADS.NET™ system's Prohibited Items List (at http://www.info.1ads.net/prohibited.htm), and incorporated herein, which may be updated from time to time.
8.3 You enable the provider of the 1ADS.NET™ system to use Your Information, that you supply us, so that we are not violating any rights you might have in Your Information.
You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-license (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.
7. System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the 1ADS.NET™ site or any services being used on sites using 1ADS.NET™ service.
You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
8. Breach. We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your account, any of Your (current) Information, and any of Your Information that you subsequently place on the site if you breach this Agreement or if we are unable to verify or authenticate any of Your Information that you provide to us.
9. Authorized Sales Agent. A person can be become a Sales Agent, who is authorized to sell 1ADS.NET™ services, by following the procedure outlined at
http://business-opportunity.1ads.net
and is incorporated herein by reference. This procedure maybe amended or changed by
the provider of the 1ADS.NET™ system at any time. The authorized sales agents name and email address must be included as “submitter” on the registration form in order to get a commission, or services must be ordered on forms provided by
us with the agents name clearly entered on the form in the appropriate location, or entered through a special Sales Agent screen incorporated into the 1ADS.NET™ system. All fees must be sent to
the provider of the 1ADS.NET™ system (see paragraph 19 below).
10. Refunds.
Cancellations must be telephoned to 320-843-3930 or
contact EDC
ComputerS, Inc. and confirm by written correspondence to the address listed below.
A prorated refund will be made for unused service.
No refunds will be issued on setup fees or fees for obtaining a domain name.
Those who purchase full-serve service may receive a refund on the self-service
portion of their contract as above, but not on the fees paid to the provider of
the 1ADS.NET™ system to scan pictures and enter information.
11. No Warranty. WE AND OUR SUPPLIERS PROVIDE THE 1ADS.NET™ WEB SITES AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED.
WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
12. Limit of Liability. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
13. General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase and sale of items.
14. No Agency. You and the provider of the 1ADS.NET™ system are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement, except as outlined in paragraph
9 above.
15. Notices. Except as explicitly stated otherwise, any notices shall be given by US mail to the address in paragraph 17 below (in
our case) or to the email address you provide to us during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to
us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
16. General. This Agreement shall be governed in all respects by the laws of the State of Minnesota as such laws are applied to agreements entered into and to be performed entirely within Minnesota between Minnesota residents.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our sites may be interfered with by numerous factors
both inside and outside of our control.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
17. Disclosures. 1ADS.NET™ services are provided by EDC ComputerS, Inc. using
EDCads™ and EDCtrade™ proprietary technology.
USA mail can be addressed to EDC ComputerS, Inc., 716-11th St S, Benson, MN 56215.
You may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
This information is also located at
http://www.info.1ads.net/agreement.htm Fees for our services are described at
http://www.info.1ads.net/fees.htm