A. PURPLE AIR PRODUCTIONS GENERAL TERMS OF SERVICE. Thank you for selecting the Services offered by Purple Air Productions Inc. or its Affiliates (referred to as "Purple Air Productions", "we", "our", or "us") on this website. Please review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and Purple Air Productions. By clicking "I AGREE," indicating acceptance electronically, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then do not indicate acceptance of the Agreement, and do not use the Services.
1.1 This Agreement describes the terms governing your use of the Purple Air Productions online services provided to you on this website, including content, updates and new releases, (collectively, the "Services"). It includes by reference:
- Purple Air Productions's Privacy Statement available on this website or provided to you in writing for the Services you selected.
- Additional Terms and Conditions for the Services that you have selected, including from third parties.
- Any terms provided separately to you for the Services, including for example, web or email product or program terms, ordering, activation, pricing and payment terms, if applicable, for the Services.
1.2 An "Affiliate" means all Purple Air Productions companies and subsidiaries that directly or indirectly, control or are controlled by Purple Air Productions, or are under the common control with Purple Air Productions. As used in this Agreement, control means equity ownership of fifty percent (50%) or greater interest in the voting shares held by an entity.
2. YOUR RIGHTS TO USE THE SERVICES AND RESTRICTIONS
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services, and Purple Air Productions reserves all rights of ownership in the Services not granted to you in writing here. As long as you meet any applicable payment obligations and comply with this Agreement, Purple Air Productions grants to you a personal, limited, nonexclusive, nontransferable right to use the Services that is valid only for the period of use provided in the ordering and activation terms, and only for the purposes described by Purple Air Productions on the website for the Services.
2.2 You agree not to use the Services or content on this website in a manner that violates any applicable law, regulation or this Agreement. For example, unless authorized by Purple Air Productions in writing, you agree you will not:
- Provide access to or give any part of the Services to any third party.
- Provide access to or give any part of the Services to any third party.
- Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.
- Attempt to access any other Purple Air Productions systems that are not part of these Services.
- Excessively overload the Purple Air Productions systems used to provide the Services.
If you violate any of these terms, this Agreement and your right to use the Services may be terminated by Purple Air Productions in its sole discretion.
3. PAYMENT. For Services offered on a payment or subscription basis, the following terms apply, unless Purple Air Productions notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
a. Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
b. You must pay with one of the following:
- A valid credit card acceptable to Purple Air Productions;
- A valid debit card acceptable to Purple Air Productions;
- Sufficient funds in a checking or savings account to cover an electronic debit of the payment due;
- By another payment option Purple Air Productions provides to you in writing.
c. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
d. Purple Air Productions will automatically renew your monthly or annual Services at the current rates, unless the Services are cancelled or terminated under this Agreement.
e. Additional cancellation or renewal terms may be provided to you on the website for the Services.
4. TRIAL PERIOD. If you registered for a trial use of the Services ("Trial Period"), you must decide to purchase the Services within the Trial Period in order to retain any Content (defined in Section 6) that you have posted or uploaded during the Trial Period. If you do not purchase the Services by the end of the Trial Period, your Content will no longer be available to you, and Purple Air Productions will not be responsible for any of it. To be very clear, after using the Services during the trial period, if you decide not to purchase the full version of the Services, you will not be able to access or retrieve any of the data you added/created during the trial.
5. YOUR PRIVACY AND PERSONAL INFORMATION. You can view Purple Air Productions’s Privacy Statement on the website, or via a link on the website for the Services you have selected. You agree to be bound by the applicable Purple Air Productions Privacy Statement, subject to change in accordance with its terms. Most importantly, you agree:
- To Purple Air Productions maintaining your data according to the Purple Air Productions Privacy Statement, as part of the Services.
- To give Purple Air Productions permission to aggregate your uploaded, non-personally identifiable account data with that of other users of the Service. By way of example, this means that Purple Air Productions may use that aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users.
- Purple Air Productions is a global company and may access or store personal information in multiple countries, including countries outside of the European Union that may be deemed to have inadequate protections. When you agree to these Terms of Service, you agree to this practice.
6.1 You are responsible for your content. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") uploaded, posted or stored through your use of the Services. You grant Purple Air Productions a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services. You agree not use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure. You agree that you will not use the Services to share, store, or in any way distribute financial data that is not in accordance with the law. Any users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Purple Air Productions is not responsible for the Content or data you submit on the website.
You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
a. Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing , offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
b. Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);
c. Except as otherwise permitted by Purple Air Productions in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
d. Virus, trojan horse, worm or other disruptive or harmful software or data; and
e. Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
6.2 Community forums. The Services may include a community forum to exchange information with other users of the Services and the public. Please use respect when you interact with other users. Purple Air Productions does not support and is not responsible for the accuracy of others’ content in these community forums. Do not reveal information in the community forum that you do not want to make public. Users may post hypertext links to content hosted and maintained by third parties for which Purple Air Productions is not responsible.
6.3 Purple Air Productions may freely use feedback you provide. You agree that Purple Air Productions may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Purple Air Productions a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Purple Air Productions in any way.
6.4 Purple Air Productions may monitor your content from time to time. Purple Air Productions may, but has no obligation to, monitor content on the Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Purple Air Productions or its customers, or operate the Services properly. Purple Air Productions, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
7. ADDITIONAL TERMS YOU AGREE TO
7.1 Purple Air Productions does not give professional advice. Purple Air Productions is not in the business of providing legal, financial, accounting, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7.2 We may tell you about other Purple Air Productions services. You may be offered other services, features, products, applications, online communities, or promotions provided by Purple Air Productions ("Purple Air Productions Services"). If you decide to use any of these Purple Air Productions Services, additional terms and conditions and separate fees may apply. You acknowledge that in accessing some Purple Air Productions Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, and sales among others, to the Internet. You grant Purple Air Productions permission to use information about your business and experience to help us to provide the Purple Air Productions Services to you, including updating and maintaining your data, addressing errors or service interruptions, and enhancing the types of data and services Purple Air Productions may provide to you in the future. You grant Purple Air Productions permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. We may use this data to improve services and to compare business practices with other company standards. We may use your data to create, market or promote new Purple Air Productions offerings to you and others. You also grant Purple Air Productions permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
7.3 We may tell you about third party products or services. Subject to the Purple Air Productions Privacy Statement, you may be offered products or services by third parties who are not affiliated with Purple Air Productions ("Third Party Products") or the Services may contain links to third party websites ("Third Party Sites") and you agree that Purple Air Productions can use your contact information, including name and address, for the purpose of offering these products to you. If you decide to use any Third Party Products or access any Third Party Sites, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies. You agree that the third parties, and not Purple Air Productions, are responsible for their product’s performance and the content on their websites. Purple Air Productions is not affiliated with these Third Party Products or Third Party Sites and has no liability for them.
7.4 Communications choices. Purple Air Productions may be required by law to send you communications about the Services or Third Party Products. You agree that Purple Air Productions may send these communications to you via email or by posting them on one of our sponsored websites, such as smallbusiness.Purple Air Productions.com. If you later decide that you do not want to receive future Communications electronically, please review the Privacy statement provided on the on the Services website to review your communications choices.
7.5 You will track your passwords and accept updates. You are responsible for securely managing your password(s) for access to the Services. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact Purple Air Productions as soon as possible. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.
8. DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Purple Air Productions, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. PURPLE AIR PRODUCTIONS AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 PURPLE AIR PRODUCTIONS AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.
9. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF PURPLE AIR PRODUCTIONS, AND ITS AFFILIATES AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, PURPLE AIR PRODUCTIONS AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET PURPLE AIR PRODUCTIONS SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF PURPLE AIR PRODUCTIONS AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF PURPLE AIR PRODUCTIONS, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold Purple Air Productions and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). Purple Air Productions reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Purple Air Productions in the defense of any Claims.
10. CHANGES TO THIS AGREEMENT OR THE SERVICES. We may change this Agreement from time to time, and the changes will be effective when posted on our website for the Services or when we notify you by other means. Please review the Agreement periodically on this website for changes. We have the right to change any of the terms of this Agreement upon reasonable notice to you. We may also change or discontinue the Services, in whole or in part, including but not limited to, the Internet based services, pricing, technical support options, and other product-related policies. Your continued use of the Services after Purple Air Productions posts or otherwise notifies you of any changes, indicates your agreement to the changes.
11. TERMINATION. Purple Air Productions may immediately and without notice terminate this Agreement or suspend the Services provided to you, if you fail to comply with these terms or if you no longer agree to receive electronic communications (see Section 7.4). Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Purple Air Productions’s rights to any payments due to it. Purple Air Productions may terminate a free account at any time. Other requirements regarding termination or cancellation of the Services may apply based on the specific ordering terms for the Services provided to you. Sections 1.2, 5, 8 through 15 will survive and remain in effect even if the Agreement is terminated, cancelled or rescinded.
12. EXPORT RESTRICTIONS. You acknowledge that this website, the Services, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export the Services, or any part of the Services, in violation of these laws and regulations, directly or indirectly. You also agree not to provide access to any part of the Services to anyone who you have reason to know may use the Services in the development of nuclear, chemical, or biological weapons.
13. GOVERNING LAW AND JURISDICTION. California state law governs this Agreement without regard to its conflicts of laws provisions. To resolve any legal dispute arising from this Agreement, you and Purple Air Productions agree to the exclusive jurisdiction of state courts in Santa Clara County, California U.S.A. or federal court for the Northern District of California. Purple Air Productions does not represent that information on the website for the Services is appropriate or available for use in all countries. Purple Air Productions prohibits accessing materials from countries or states where contents are illegal. You are accessing this website on your own initiative and you are responsible for compliance with all applicable laws.
14. LANGUAGE. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
15. GENERAL. This Agreement is the entire agreement between you and Purple Air Productions and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. This Agreement may be modified only by a written amendment signed by the parties or as provided in this Agreement in Section 10 above. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without the prior written approval of Purple Air Productions. However, Purple Air Productions may assign or transfer it without your consent to (a) an Affiliate, (b) another company through a sale of assets by Purple Air Productions or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement or if your company is acquired by or merged into another company, contact Purple Air Productions via an email to: transfer_license@Purple Air Productions.com.
B. ADDITIONAL TERMS AND CONDITIONS FOR THE SERVICES
Your use of the Services provided by Purple Air Productions are subject to the General Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms of Service above.
1. PURPLE AIR PRODUCTIONS WEBSITE SERVICES and HOSTFARE SERVICES (both hereinafter, "HostFare Services").
1.1 USE LIMITATIONS. IMPORTANT NOTICE. IF YOU ARE USING THE PURPLE AIR PRODUCTIONS WEBSITE SERVICES or HOSTFARE SERVICES, THE FOLLOWING TERMS APPLY TO YOU IN ADDITION TO THE GENERAL TERMS OF SERVICE ABOVE. Capitalized terms not otherwise defined below have the meanings provided in the General Terms of Service.
1.1.2 You agree not to sell, distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, tobacco (including e-cigarettes), alcohol products as well as any products or services that (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold using the website building Services, could cause Purple Air Productions or its affiliates to violate any law, statute or regulation. Additionally, Purple Air Productions may require you to place all or any portion of the Content behind password protection if Purple Air Productions determines that such Content is inappropriate for the community at large but does not otherwise violate the terms of this Agreement. If Purple Air Productions has requested you to place Content behind password protection or if you independently determine that the Content appropriately belongs behind password protection, you may not publish the password in such a way that negates the limited-access nature of the password protected site. If Purple Air Productions requests you to place any Content behind password protection and you fail to do so promptly, Purple Air Productions reserves the right to (a) place such Content behind password protection itself, or (b) terminate this Agreement.
1.1.3 You hereby acknowledge that Purple Air Productions may, from time to time, establish general practices and limits concerning the use of the Services, including without limitation, (a) the maximum number of days that email messages, guest book entries, discussion board postings or other content posted on your website will be retained by Purple Air Productions, (b) maximum limits on bandwidth usage that will be allotted to you, (c) maximum limits on storage space, (d) the maximum number of websites per member account, (e) maximum number of photographs or other data according to the type of member account, (f) maximum limits on the number of pages within each member website, and (g) maximum time limitations for the retention of Content following a Trial Period or account cancellation. Purple Air Productions further reserves the right to delete at any time without prior notice duplicate images uploaded for printing. Any of the foregoing limits will be consistent with the Services (including any upgrades) for which you have registered. You agree that Purple Air Productions has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Services. You further acknowledge and agree that Purple Air Productions reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You also acknowledge that any references to unlimited websites ("Unlimited Sites") offered per paying account shall be defined as not exceeding 99 sub domain sites per paying account. Purple Air Productions reserves the right to charge you for any third party fees associated with the creation of additional sites, including but not limited to domain registration fees.
1.1.4 You warrant and represent that you own or otherwise control the rights to the Content and grant Purple Air Productions a worldwide, royalty-free, non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display the Content on and through the Service and in promotional or advertising materials (only for the limited purpose of promoting the Services), and (ii) sublicense to third parties such Content to the extent necessary for the creation and maintenance of, in part or in whole, such Services and materials.
1.3 INTERNET DOMAIN NAMES. Independent Third Party Domain Name Vendors ("TPDNVs") who are ICANN accredited registrars, provide domain name registration services. You hereby authorize Purple Air Productions if requested, to transfer in or acquire your selected domain name from TPDNVs. In order to receive a domain name, you must agree and remain agreeable through the use of the domain name, to the TPDNVs' terms of service which the TPDNVs may change at any time in their sole discretion. You understand that you are creating a separate contractual relationship between you and the TPDNVs, and that you, and not Purple Air Productions or its affiliates, are responsible for all liability, and obligations in connection with that relationship. For more information, please see the Domain Name Services Agreement.
1.3.1 If, after registering one or more domain names that are included with any Purple Air Productions Service package, because of a your incorrect registration of a domain name or otherwise, you choose to delete a previously registered domain name and subsequently register one or more additional different domain names, you will be charged the resulting domain name registration fees.
1.3.2 You will be listed as the registrant and administrative contact in connection with your domain name; however, Purple Air Productions or its affiliates, may temporarily list itself as the registrant and administrative contact in the event that it changes to a different TPDNV until the TPDNV’s change is completed. You hereby authorize Purple Air Productions or its affiliates, to list itself as the billing contact, technical contact and name servers in connection with your domain name and to take any actions Purple Air Productions deems appropriate in those capacities. However, upon termination of the Service, Purple Air Productions and its affiliates, will immediately cease acting in those capacities including switching registrars. After such time, neither Purple Air Productions nor its affiliates will be responsible to forward any notices, emails or other correspondence to you or to take any other actions in connection with your domain name. Additionally, in the event that your account is suspended by Purple Air Productions for lack of payment or any other reason, Purple Air Productions shall not renew any domain names that may become due for renewal during the suspension of the account. You will be solely responsible for all ongoing fees, as well as removing Purple Air Productions or its affiliates as the billing, technical contact and name servers in connection with your domain name.
1.4 EMAIL. Some accounts may have email services provided by an independent Third Party Email Services Vendor ("TPESV"). We are not responsible for the actions or inaction of the then current TPESV or the unavailability or malfunction of their network or services. Purple Air Productions is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between you and the TPESV ("TPESV Dispute"). In the event of a TPESV Dispute, you hereby release Purple Air Productions and its Suppliers 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. By using email services, you agree to the terms and conditions contained in the "Acceptable Use Policy" and "Mass Mailing Policy" incorporated herein.
1.5 WEBSTORE. A third party store vendor ("TPSV") provides e-commerce services. Neither Purple Air Productions nor its affiliates are responsible for the actions or inaction of the then current TPSV or the unavailability or malfunction of their network or services. Neither Purple Air Productions nor its affiliates are a party to, and shall not be involved in or be responsible for, transactions, agreements, and/or disputes between you and the TPSV ("the TPSV Dispute"). In the event of a the TPSV Dispute, you hereby release Purple Air Productions and its Suppliers 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. By using these Services, you agree to the following additional terms and conditions:
a. Hosting Services. Purple Air Productions grants you the right to develop and operate an online WebStore ("Store") on the server, subject to and in accordance with the terms of this Agreement and such hosting policies, procedures and specifications as Purple Air Productions may, by written notice to you, establish from time to time (the "Hosting Policies and Procedures"). The Hosting Policies and Procedures, if any, are incorporated in this Agreement in their entirety.
b. Prohibited Uses. In addition to all restrictions set forth above, you shall not use, nor permit any third party to use, the Store(s) or the website or any part thereof: (i) to violate any federal, state or local law, (ii) to transmit any obscene communication, (iii) to promote any illegal activities, (iv) to violate any intellectual property rights (v) to attempt to overcome or penetrate any security measures on the server, or (vi) to upload or transmit any virus or harmful agent. You acknowledge that you may be subject to civil or criminal liability under the laws of various governmental jurisdictions as a result of any failure to abide by the provisions of this paragraph.
c. Control. You will be solely responsible for the development, operation and maintenance of the Store(s) and all content and materials appearing in the Store(s), including without limitation (i) the technical operation of the Store(s), (ii) the accuracy and appropriateness of content and materials appearing in the Store(s), (iii) ensuring that the content and materials appearing in the Store(s) do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy or other personal or proprietary rights), and (iv) ensuring that the content and materials appearing in the Store(s) are not libelous or otherwise illegal. You also will be solely responsible for accepting, processing and filling any customer orders generated through the Store(s), and for handling any customer inquiries and complaints arising there from. You shall inspect and monitor the Store(s) as frequently and extensively as necessary to ensure its proper operation and compliance with the provisions of this Agreement, and to uncover any problems with the Store(s). To the fullest extent permitted by law, the Store(s) will be deemed to be exclusively "under the control" of you and not "under the control" of Purple Air Productions or its affiliates and Suppliers.
1.6 CANCELLATION. You may cancel your account or any part of the Services at any time. Purple Air Productions will not refund any pre-paid fees upon such termination or cancellation. To cancel your subscription, you must send an email to email@example.com. Purple Air Productions reserves the right to collect fees, surcharges or costs incurred before you cancel your account in addition to the applicable cancellation fee(s).
You must provide us with the following information in order for us to process the cancellation:
a. The exact name of the Services that you would like to cancel
b. Your username and domain name
c. Your email address
d. Your billing information, including the credit card number that was used when purchasing the Services
e. Reason for canceling the Services
Upon termination of your account for any reason, Purple Air Productions reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by you; (b) delete any of your Content, listings, messages or other information in connection with your Account; (c) prohibit your access to your Account, including without limitation by deactivating your password; and (d) refuse your future access to the Service. In no event shall Purple Air Productions be required to refund, redeem, or pay amounts to you upon termination of Service or return any of your Content.
1.7 VIOLATIONS. Please report any violations of this Agreement to our Violation Report form.
1.8 COPYRIGHT AND TRADEMARK NOTICES. All materials of the Service and the Software (as well as the organization and layout of the Service are owned and copyrighted or licensed by HostFare, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the HostFare (and any successor Web sites or additional Web sites or any co-branded Web sites), and/or the Software, is permitted without the written permission of HostFare. Any rights not expressly granted herein are reserved. HostFare, HostFare.com, the HostFare logo, SiteBuilder, StoreBuilder, HostFare SiteBuilder, SmartSizing, SmartSharing, SmartLinking and other HostFare logos and product and service names are trademarks of HostFare and/or Purple Air Productions Inc. (the "HostFare Marks"). Member agrees not to display or use the HostFare Marks in any manner whatsoever without HostFare's prior permission. From time to time HostFare may offer a limited license to Members to display HostFare logos or other symbols of merit on Member Web Sites after HostFare in its sole discretion confers such distinctions to the applicable Members. However, HostFare reserves the right to withdraw such logos or symbols and delete them in its sole discretion for any reason.
1.8.1 NOTIFICATION OF CLAIMS OF COPYRIGHT INFRINGEMENT. Any notifications of claimed copyright infringement should be sent to HostFare's Head Office.
1.9 HOSTFARE DESIGN SERVICES AND SEARCH ENGINE OPTIMIZATION SERVICES
1.9.1 USE LIMITATIONS. IMPORTANT NOTICE. if you are using HostFare Design Services and Search Engine Optimization Services,the following terms apply to you in addition to the Purple Air Productions General Terms of Service above. Capitalized terms not otherwise defined below have the meanings provided in the General Terms of Service.