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Terms of Service

I. Omnistar eTools Install
version (If software is installed on
user’s computer)
1. GENERAL SOFTWARE LICENSE
Each Software package purchased under
this Agreement is licensed as a single
product intended to be run under one
domain name and in one directory. If
the would like to run the software on
multiple domains you must purchase a
separate license for each domain. You
may not distribute copies of the Software
or any accompanying written materials
to others, in an altered or original
state.
You may not copy any written materials
accompanying the Software without express
written authorization from Omnistar
Interactive, LLC The Software (including
but not limited to any images, photographs,
animations, audio, music, text, and
anything incorporated into the Software)
is owned by Omnistar Interactive, LLC
or its suppliers and is protected by
United States copyright laws and international
treaty provisions. Therefore, You must
treat the Software like any other copyrighted
material. Proofs of infringement of
copyright violations include but are
not limited to similar code style and
structures, similar layout and design,
similar database design, and containing
parts of the original Software source
code. You may be held legally responsible
for any infringement that is caused
or encouraged by your failure to comply
with the licensing provisions of this
Agreement. Upon purchasing the Omnistar
software, you are obligated to comply
with this license agreement and any
noncompliance will subject you to legal
action.
In consideration of payment of the
license fee, which is part of the price
of the Software, Omnistar Interactive,
LLC grants to You the nonexclusive right
to use the software for company/organizational/personal
use. You may use the Software and/or
code generated by any eTools software
component under only one domain that
is owned, operated and is controlled
by your REGISTERED LICENSED company,
organization or personal identity. You
are bound to this Agreement during Your
entire possession time span of this
Software, in its original or altered
state. Omnistar reserves the rights
to suspend, revoke or terminate your
license to use the software if these
terms are violated. See section 6 which
discusses the License Agreement for
termination procedures.
The trademarks, logos and service marks
("Marks") displayed on this
Site; Software and any accompanying
written materials are the property of
Omnistar or other third parties. You
are not permitted to use the Marks without
the prior written consent of Omnistar
or such third party that may own the
Marks.
2. WARRANTY / DISCLAIMER INFORMATION
UNLESS EXPRESSLY PROVIDED OTHERWISE
IN A SEPARATE AGREEMENT BETWEEN YOU
AND Omnistar Interactive, LLC, ALL INFORMATION
AND SOFTWARE ON AND FROM THIS SITE ARE
PROVIDED "AS IS," WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. Omnistar Interactive,
LLC ASSUMES NO RESPONSIBILITY FOR ERRORS
OR OMISSIONS IN THE INFORMATION OR SOFTWARE
OR OTHER DOCUMENTS AT, REFERENCED BY,
OR LINKED TO THIS SITE. YOU ASSUME THE
ENTIRE RISK FOR THE RESULTS AND PERFORMANCE
OF THE SOFTWARE. ANY REFERENCES TO CORPORATIONS
AND/OR LIMITED LIABILITY COMPANIES,
THEIR SERVICES AND PRODUCTS, ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED
INCLUDING THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. IN NO EVENT SHALL
Omnistar Interactive, LLC OR ANYONE
ELSE INVOLVED IN THE CREATION, PRODUCTION
OR DELIVERY OF THE SOFTWARE OR ANY ACCOMPANYING
WRITTEN MATERIALS BE LIABLE FOR ANY
DAMAGES WHATSOEVER, INCLUDING WITHOUT
LIMITATION ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OF
ANY KIND, OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, LOSS OF
DATA, LOSS OF OTHER MATERIALS, LOSS
OF PROFITS, BUSINESS OR OTHER WORK INTERRUPTION,
OR ANY OTHER PECUNIARY LOSSES, WHETHER
OR NOT ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE, AND BASED ON ANY THEORY
OF LIABILITY, ARISING OUT OF OR IN CONNECTION
WITH THE USE OF OR INABILITY TO USE
INFORMATION, SOFTWARE OR OTHER MATERIALS
OBTAINED FROM USING THIS SOFTWARE OR
FROM THE PERFORMANCE OR LACK OF PERFORMANCE
OF THIS SOFTWARE. HAS NO LIABILITY FOR
ERRORS OR OBLIGATION TO UPDATE Omnistar
Interactive, LLC SOFTWARE WHICH COULD
INCLUDE TECHNICAL OR OTHER INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION
HEREIN; Omnistar Interactive, LLC MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN
THE SOFTWARE AND ANY OTHER PRODUCT(S)
OR PROGRAM(S) DESCRIBED ON OUR SITE
AT ANY TIME. Omnistar Interactive, LLC
HAS NO OBLIGATION TO NOTIFY YOU OF ANY
CHANGES OF THE SOFTWARE OR ANY OTHER
PRODUCTS OR PROGRAMS. THESE CHANGES
WILL BE INCORPORATED IN SOFTWARE AT
Omnistar Interactive, LLC' SOLE DISCRETION.
3. REMEDIES
In no event shall Omnistar Interactive,
LLC's total liability to you for any
and all damages, losses, and causes
of action arising from or connected
in anyway with this Agreement (including
without limitation liability in contract,
tort or under any other legal theory)
ever exceed the INITIAL amount paid
by You for the Software. INITIAL amount
is defined as the first payment to purchase
the software and DOES NOT include other
fees incurred there after. This shall
constitute Your sole and exclusive remedy.
4. RENEWAL (If did not purchase
buy-out version)
License Renewal (Only applies
to Omnistar Live Support Software)
Upon 1 year AFTER the initial Omnistar
Live software purchase date, an annual
Software License renewal fee (posted
on the website and subject to change
without notice) will be issued for your
continued usage of the Software for
the following year. Your license will
need to be renewed on a regular yearly
basis for continued Software usage.
Failure to renew will result in termination
of this License and you will be subject
to the Termination guidelines set forth
in this Agreement. Failure to comply
will result in legal actions. You should
understand that the software will no
longer work after 1 year if you brought
the annual license.
5. LAW
This License Agreement shall be construed,
interpreted and governed by the laws
of the State of Maryland without regard
to conflicts of laws provisions thereof.
The exclusive forum for any disputes
arising out of or relating to this License
Agreement shall be an appropriate federal
or state court sitting in Baltimore
Maryland in proximity to Baltimore,
Maryland, USA. This License Agreement
shall constitute the entire Agreement
between the parties hereto. Omnistar
Interactive, LLC has the right to modify
this agreement with each new release
of the Software. You have the right
to waive the modifications and opt to
abide by the previous Agreement and
choose not to accept the new Software
release and the modified License Agreement
where ever indicated. If a court of
competent jurisdiction finds any part
of this License Agreement invalid or
unenforceable, the remainder of this
License Agreement shall remain in full
force and effect and shall be interpreted
so as to reasonably affect the intention
of the parties. Then the invalid or
unenforceable provision will be deemed
superseded by a valid, enforceable provision
that most closely matches the intent
of the original provision and the remainder
of these Terms of Service and the Additional
Terms shall continue in effect.
6. TERMINATION
This Agreement is effective IMMEDIATELY
upon Your Software download and Software
transfer from Omnistar Interactive,
LLC's servers to your computer. Unless
terminated sooner by Omnistar Interactive,
LLC, any license granted by this Agreement
terminates in accordance with the method
and timeframes specified . Without prejudice
to any other rights, Omnistar Interactive,
LLC may suspend, revoke, or terminate
this Agreement if You fail to comply
with any of its provisions. In such
event, You must immediately delete all
copies and instances of Omnistar Interactive,
LLC's Software(s) from your possession
within 24 hours of Omnistar Interactive,
LLC's License Agreement termination
notice. IF YOU FAIL TO COMPLY WITH OUR
TERMINATION PROCEDURE, LEGAL ACTIONS
WILL BE TAKEN.
For all Omnistar Etools install
products NO REFUNDS WILL BE GIVEN AFTER
30 days of purchase of the product.
7. RESELLING OMNISTAR ETOOLS
A specific contract and terms for reselling
Omnistar Etools can be obtained by contacting
Omnistar Interactive Customer Support.
You cannot resell Omnistar Etools unless
you have received a separate reseller
agreement.
8. LINKS TO THIRD PARTY SITES
Links may be included within the Omnistar
eTools Network. You acknowledge that
the linked sites are not under the control
of Omnistar eTools and that Omnistar
eTools is not responsible for the contents
or operation of such linked sites or
any link contained in such linked site,
any changes or updates to such sites,
or Web casting or any other form of
transmission received from any linked
site. Omnistar eTools is providing these
links to You only as a convenience,
and the inclusion of any link does not
imply endorsement by Omnistar eTools
of the linked site or any association
with their operators.
9. INDEMNITY
You agree to defend, indemnify and
hold Omnistar Interactive, LLC and its
eTools Network and its suppliers harmless
from and against any and all claims,
losses, liability costs and expenses
(including but not limited to attorneys'
fees) arising from Your violation of
these Terms of Service (including, without
limitation, violation of applicable
Additional Terms), or any third-party's
rights, (including, without limitation,
infringement of any copyright, violation
of any proprietary right and invasion
of any privacy rights). These obligations
will survive any termination of Your
relationship with Omnistar Interactive,
LLC and its eTools Network or Your use
of Omnistar eTools and the Omnistar
eTools Network.
10. SERVICE CONTACT
If You need to contact Omnistar eTools
regarding the Omnistar eTools Network,
please visit our contact listings page
at http://www.omnistaretools.com
II. Omnistar eTools Hosted
Version Terms (Applies to Omnistar Interactive
Hosted Solutions A.K.A Omnistar Etools
Network or Omnistar Etools or eTools
Products or eTools or Omnistar Network)
The specific provisions of these Terms
of Service and any Additional Terms
related to each individual component
product or service included in Omnistar
eTools Network apply to Your use of
all Omnistar eTools product.
Omnistar Interactive will use reasonable
efforts to maintain any data and files
You have stored on Omnistar etools servers
for a period of thirty (30) days following
the effective date of termination of
Your subscription, but is not required
to do so. Omnistar Interactive cannot
control or warrant the behavior of the
users or the management of the Omnistar
etool service You have chosen to use.
Your use of the Omnistar eTools You
choose to use is at Your own risk and
Omnistar disclaims any liability with
regard to use of the Omnistar eTools
service and any actions resulting from
Your or any other party's participation
in the Omnistar eTools services. Omnistar
Interactive makes no guarantee about
the reliability or accuracy of these
products or services, or the results
obtained from using Omnistar eTools.
Omnistar Interactive will make a good
faith effort to submit Your service
requests to Omnistar eTools Network
within a timely manner, however, Omnistar
Interactive is not responsible for the
timeframes followed by third party services.
Product Access Limits
With this hosted version of any Omnistar
eTools products the limits are clearly
stated on the hosted product website
and the limits can be changed at anytime
and without notice.
CHANGES TO SERVICES, TERMINATION BY
Omnistar eTools Network
Omnistar Interactive, LLC may change
any of the Omnistar eTools services
at any time and from time to time without
notice, including terminating the offering
of any Omnistar eTools service altogether.
Omnistar Interactive, LLC may terminate
Your Omnistar eTools account, Your access
to Omnistar eTools or any of Your Omnistar
eTools services (in whole or in part)
at any time, with or without cause,
and with or without notice. You may
be barred from accessing any of Your
Omnistar eTools services or from using
the Omnistar eTools Network or from
receiving any products, services or
benefits from Omnistar eTools, if Omnistar
Interactive, LLC determines You have
violated these Terms of Service or any
Additional Terms, if You have failed
to remit any applicable subscription
fees when due, if any representation
or warranty made by You is untrue in
any respect or if Omnistar Interactive,
LLC receives a court order or other
legal action relating to Your account.
In addition, if You violate any of these
Terms of Service, or any applicable
Additional Terms You will forfeit all
in-kind credits and any other amounts
accruing to You (if any) in connection
with the Omnistar eTools Network and
there will be no refund of any fees
prepaid by You. If You subscribe to
a Omnistar eTools service which is made
up of one or more individual services
and You violate the Terms of Service
applicable to one of such individual
services, (1) Your use of the particular
individual service will be terminated,
but the remaining service may remain
active and (2) there will be no refund
(in whole or in part) of Your annual
fee for the Omnistar eTools service
terminated. In any event, you will be
responsible for all fees incurred during
Your subscription and payment of such
fees shall be due immediately upon termination
of Your subscription.
1. LINKS TO THIRD PARTY SITES
Links may be included within the Omnistar
eTools Network. You acknowledge that
the linked sites are not under the control
of Omnistar eTools and that Omnistar
eTools is not responsible for the contents
or operation of such linked sites or
any link contained in such linked site,
any changes or updates to such sites,
or Web casting or any other form of
transmission received from any linked
site. Omnistar eTools is providing these
links to You only as a convenience,
and the inclusion of any link does not
imply endorsement by Omnistar eTools
of the linked site or any association
with their operators.
2. LICENSE YOU GRANT TO Omnistar
eTools
Omnistar eTools does not claim
ownership of the materials You provide
to Omnistar eTools (including feedback
and suggestions) or that You post, upload,
input or submit in connection with Your
use of Omnistar eTools or any Web site
("Your Web Site") created
by You or on Your behalf in connection
with the use of Omnistar eTools (collectively
"Submissions"). However, You
grant Omnistar eTools a royalty-free
license to use (including, without limitation,
the rights to: copy, distribute, transmit,
publicly display, publicly perform,
reproduce, edit, translate, sublicense
and reformat Your Submission, and to
publish Your name in connection with
Your Submission, in connection with
the operation and promotion of Omnistar
eTools. You also grant Omnistar eTools
the right to publish Your name in connection
with any such use. No compensation will
be paid or due You with respect to Omnistar
eTools or its sublicensee's use of the
materials and submissions as licensed
above. Omnistar eTools is under no obligation
to post or use any materials and submissions
You may provide, and may remove such
materials at any time in Omnistar’s
sole discretion. By posting messages,
uploading files (including graphics),
inputting data, submitting any feedback
or suggestions, or engaging in any other
form of communication with or through
the Omnistar eTools Network, You represent
and warrant that You own or otherwise
control the rights necessary to do so
and grant Interactive, LLC and its eTools
Network the license set forth above,
and You will defend, indemnify and hereby
hold harmless Interactive, LLC and its
eTools Network and its suppliers from
any third party claims, litigation and/or
legal action related to a breach of
any of the foregoing representations
or warranties.
You grant Omnistar Interactive, LLC
and its eTools Network permission to
use screen shots of any Web page that
contains a link to Omnistar eTools Network
or Omnistar eTools HTML code in Omnistar
eTools promotional materials, and represent
and warrant that You have sufficient
authority to grant the foregoing rights.
3. SOFTWARE AVAILABLE ON THE
Omnistar eTools NETWORK
Software (if any) that is made available
to download from or otherwise use through
the Omnistar eTools Network, excluding
software that may be made available
by third parties via Omnistar eTools,
("Software") is the copyrighted
work of Omnistar eTools and/or its suppliers.
Your use of the Software is governed
by these Terms of Service, and the applicable
Additional Terms, and the terms of the
end user license agreement, if any,
which accompanies or is included with
the Software ("License Agreement").
To the extent that the License Agreement
conflicts with the Terms of Service
or Additional Terms, the terms of the
License Agreement shall govern Your
use of the Software. You may not install
or use any Software that is accompanied
by or includes a License Agreement unless
You first agree to the License Agreement.
For any Software not accompanied by
a license agreement, Interactive, LLC
and its eTools Network hereby grants
to You, the user, a personal, non-exclusive,
non-transferable license to use the
Software for viewing and otherwise using
the particular Omnistar eTools Web Site
or Omnistar eTools service in accordance
with the License Agreement, the Terms
of Service and Additional Terms and
for no other purpose. In addition, You
shall keep intact all and may not alter
any copyright and other proprietary
notices contained in such Software.
All Software is owned by Interactive,
LLC and its eTools Network and/or its
suppliers, and is protected to the maximum
extent permitted by copyright laws and
international treaty provisions. Any
reproduction or redistribution of the
Software is expressly prohibited, and
may result in severe civil and criminal
penalties. Persons violating the foregoing,
or who otherwise misappropriate any
intellectual property or proprietary
rights related to the Software may be
prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING
OR REPRODUCING THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
YOU MAY NOT DECOMPILE, DISASSEMBLE,
REVERSE ENGINEER OR OTHERWISE ATTEMPT
TO DISCOVER ANY TRADE SECRET CONTAINED
IN ANY SOFTWARE PROVIDED HEREUNDER.
You acknowledge that the Software, and
any accompanying documentation and/or
technical information, is subject to
applicable export control laws and regulations
of the USA. You agree not to export
or re-export the Software, directly
or indirectly, to any countries that
are subject to USA export restrictions.
4. LIMITATIONS OF LIABILITY
AND DISCLAIMERS
The information, software, products,
services and other material included
in or available through the Omnistar
eTools Network may not be complete,
and may include inaccuracies or errors,
and may also be modified, discontinued
or deleted from time to time without
notice. Advice, information, products,
services or other materials received
via the Omnistar eTools Network should
not be relied upon for personal, medical,
legal, business, financial or other
decisions and is not intended to replace
the advice of appropriate and qualified
professionals. You acknowledge that
You should consult an appropriate professional
for specific advice tailored to Your
situation.
Your access to and use of the Omnistar
eTools Network, and products and services
of Omnistar eTools, is at Your own risk.
Interactive, LLC and its eTools Network
makes no guarantees of any kind regarding
the dependability, accuracy, security,
timeliness or availability of the Omnistar
eTools Network, or such products or
services. Without limiting the foregoing,
NEITHER OMNISTAR Interactive, LLC and
its eTools Network NOR ITS RESPECTIVE
SUPPLIERS MAKE ANY REPRESENTATIONS OR
WARRANTIES ABOUT THE CONDITION, SUITABILITY,
RELIABILITY, AVAILABILITY, COMPLETENESS,
SECURITY, TIMELINESS, OR ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND MATERIALS CONTAINED IN
the Omnistar eTools Network FOR ANY
PURPOSE. ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND MATERIALS ARE
PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. OMNISTAR ETOOLS AND ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL REPRESENTATIONS, WARRANTIES AND
CONDITIONS, EXPRESS OR IMPLIED, WITH
REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES OR MATERIALS, INCLUDING
ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL OMNISTAR Interactive,
LLC and its eTools Network OR ITS SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION:
-
DAMAGES FOR LOSS
OF USE, DATA, ACCOUNTS, REVENUES OR
PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE
OF the Omnistar eTools Network OR
RELATED SERVICES, OR
-
WITH THE DELAY OR
INABILITY TO USE Omnistar eTools OR
RELATED SERVICES;
-
THE PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH the Omnistar eTools Network;
OR
-
DAMAGES OTHERWISE
ARISING OUT OF THE USE OF the Omnistar
eTools Network, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF OMNISTAR INTERACTIVE,
LLC and its eTools Network OR ANY
OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. THEREFORE IF YOU ARE IN SUCH
A STATE/JURISDICTION AND ARE DISSATISFIED
WITH ANY PORTION OF the Omnistar eTools
Network, OR WITH ANY OF THESE TERMS
OF SERVICE OR THE ADDITIONAL TERMS,
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE
Omnistar eTools NETWORK AND ITS RELATED
SERVICES AND PRODUCTS.
Without limiting the foregoing, Omnistar
Interactive, LLC and its eTools Network
is not responsible for any of Your data
residing on Omnistar eTools Network
hardware or systems, including such
hardware or systems provided to Omnistar
eTools by third parties. You are responsible
for maintaining and backing-up Your
data and information that may reside
on the Omnistar eTools Network hardware
or systems, including such hardware
or systems provided to Omnistar eTools
by third parties, whether or not such
information is produced through the
use of the Omnistar eTools Network,
including any information regarding
the operation or use of Your Web site,
catalogs, lists, order records, and
other information You are providing
or using in connection with Your use
of the Omnistar eTools Network. It is
Your responsibility to take the necessary
steps to ensure Your primary means of
business is maintained. Omnistar Interactive,
LLC and its eTools Network will not
be liable for any damage, loss or disclosure
of data, accounts, revenue or business
arising out of or otherwise related
to: (a) Your use of the Omnistar eTools
Network, its services or products; (b)
Your customers' use of Your Web site
hosted by or created through Omnistar
eTools and Your products and services;
(c) use of the Omnistar eTools Network
by any other party to whom You have
given access to Your company information
for use of the Omnistar eTools Network;
(d) errors, bugs or other defects in
the Omnistar eTools Network; (e) lost
company, customer or vendor information
(e.g., billing information, credit card
numbers, lost orders, etc.); (f) illegal
or criminal activities, including but
not limited to reliance on any information
obtained on the Omnistar eTools Web
Hosting service; or (g) resulting from
mistakes, omissions, interruptions,
deletion of files or e-mail, loss of
or damage to data, errors, defects,
viruses; delays in operation, or transmission,
or any failure of performance; whether
or not limited to acts of God, communications
failure, theft, destruction or unauthorized
access to Omnistar eTools's records,
programs or services. You are solely
responsible for maintaining and backing-up
any information regarding the operation
or use of Your Web site, catalogs, lists,
order records, and other information
You are providing or using in connection
with Your use of the Omnistar eTools
Network.
Omnistar Interactive, LLC and its eTools
Network is not liable for Your actions
with Your customers or vendors, or the
use of their information, or for any
other actions arising from Your use,
or the use of other parties to whom
You have given access to Your Omnistar
eTools information, through the use
of the Omnistar eTools Network.
Omnistar Interactive, LLC and its eTools
Network is not involved in any transaction
between You and Your buyer or seller
or other third parties with whom you
may have transactions through Your Web
site or between You and any user of
any products or services offered or
provided by You or by a third party
through the Omnistar eTools Network.
Omnistar Interactive, LLC and its eTools
Network is not responsible for screening,
censoring or otherwise controlling Your
Web Site, or any listings or transactions
offered or conducted via Your Web Site.
You are deemed to have a direct commercial
relationship with each third party that
purchases goods or services from or
undertakes any other transaction with
You via Your Web site or through Omnistar
Interactive, LLC and its eTools Network.
Omnistar Interactive, LLC and its eTools
Network is not acting as Your or any
third party's agent in connection with
the operation of Omnistar eTools. You
are solely responsible for: (a) processing
customer orders or other transactions;
(b) verifying the validity of incoming
customer orders before finalizing the
order; (c) informing customers of the
status of such orders or transactions;
(d) providing all customer support related
to such orders or transactions (e.g.,
lost orders, billing disputes, payments,
etc.); and, (e) determining, collecting
and remitting to the appropriate authority
all taxes (if any) arising from or related
to such orders or transactions. Further,
because Omnistar Interactive, LLC and
its eTools Network is not involved in
any orders or other transactions between
You and other users of Omnistar eTools
or other marketplace forums, Omnistar
Interactive, LLC and its eTools Network
` cannot and will not be involved in
resolving any disputes relating to any
completed or uncompleted transactions
or the purchase or sale of listed goods
or otherwise.
Unless otherwise expressly stated in
these Terms of Service, Your payments
for orders or transactions conducted
via Your Web Site or on any Omnistar
eTools service will be paid to You directly
from Your designated acquiring bank,
customers or other appropriate source
("payor"). Omnistar Interactive,
LLC and its eTools Network is not responsible
for such payment, and will have no liability
for any lost, disputed or fraudulent
payment or tenders of payment, or other
disputes arising between You and customers
or payors. Omnistar Interactive, LLC
and its eTools Network makes no guarantee
about the reliability or accuracy of
these products or services, or the results
obtained from using Omnistar eTools
or the Omnistar eTools Network.
5. INDEMNITY
You agree to defend, indemnify and hold
Omnistar Interactive, LLC and its eTools
Network and its suppliers harmless from
and against any and all claims, losses,
liability costs and expenses (including
but not limited to attorneys' fees)
arising from Your violation of these
Terms of Service (including, without
limitation, violation of applicable
Additional Terms), or any third-party's
rights, (including, without limitation,
infringement of any copyright, violation
of any proprietary right and invasion
of any privacy rights). These obligations
will survive any termination of Your
relationship with Omnistar Interactive,
LLC and its eTools Network or Your use
of Omnistar eTools and the Omnistar
eTools Network.
6. ACCESS RESTRICTION; ACCOUNT
SECURITY AND PASSWORDS
Omnistar Interactive, LLC and its eTools
Network reserves the right to deny in
its sole discretion any user access
to Omnistar Interactive, LLC and its
eTools Network or any portion thereof
without notice.
You are responsible for safeguarding
the confidentiality of Your account
information (including password(s) and
user name(s) issued to You) and for
any use or misuse of Your account or
the Omnistar eTools Network resulting
from any third party using a password
or user name issued to You. You agree
to notify Omnistar Interactive, LLC
and its eTools Network immediately of
any known or suspected unauthorized
access to or use of Your account, Your
password, the password of any individual
user to whom You have issued a login
ID or any other breach of security or
misuse of the Omnistar eTools Network
known to or suspected by You. You may
change Your password at any time by
following instructions on the Omnistar
eTools Web site.
You hereby authorize Omnistar Interactive,
LLC and its eTools Network to rely on
any data, notice, instruction or request
furnished by You to Omnistar Interactive,
LLC and its eTools Network, or that
Omnistar Interactive, LLC and its eTools
Network reasonably believes to have
been furnished by You. You are solely
responsible for maintaining the confidentiality
of Your account information and monitoring
usage of Your account. Omnistar eTools
is not responsible for fraud of participants
or of other users of Your account.
7. GENERAL
If You have made this agreement with
Omnistar Interactive, LLC and its eTools
Network, these Terms of Service and
the Additional Terms are governed by
the laws of the State of Maryland, U.S.A.
You agree that no joint venture, partnership,
employment, or agency relationship exists
between You and Omnistar Interactive,
LLC and its eTools Network as a result
of these Terms or Service or use of
Omnistar eTools.
Omnistar Interactive, LLC and its eTools
Network performance of this agreement
is subject to existing laws and legal
process, and nothing contained in these
Terms of Service are in derogation of
Omnistar Interactive, LLC and its eTools
Network right to comply with governmental,
court and law enforcement requests or
requirements relating to Your use of
the Omnistar eTools Network or information
provided to or gathered by Omnistar
eTools with respect to such use.
If any part of these Terms of Service
or the Additional Terms is determined
to be invalid or unenforceable pursuant
to applicable law including, but not
limited to, the warranty disclaimers
and liability limitations set forth
above, then the invalid or unenforceable
provision will be deemed superseded
by a valid, enforceable provision that
most closely matches the intent of the
original provision and the remainder
of these Terms of Service and the Additional
Terms shall continue in effect.
Unless otherwise specified herein,
these Terms of Service, the Additional
Terms and the Privacy Statement constitute
the entire agreement between the user
and Omnistar eTools with respect to
Omnistar eTools the Omnistar eTools
Network and they supersede all prior
or contemporaneous communications and
proposals, whether electronic, oral
or written, between the user and Omnistar
Interactive, LLC and its eTools Network
with respect to the Omnistar eTools
Network.
A printed version of these Terms of
Service and of any notice given in electronic
form shall be admissible in any judicial
or administrative proceedings or relating
to these Terms of Service to the same
extent and subject to the same conditions
as other business documents and records
originally generated and maintained
in printed form. Omnistar Interactive,
LLC and its eTools Network may: (1)
generate print copies of its electronic
records and introduce them in evidence
as original documents; and (2) use its
electronic records to show and prove
Your agreement or consent in any manner,
including without limitation, to show
that a procedure existed by which You
must have provided consent or engaged
in conduct to obtain its services or
Products.
The example companies, organizations,
products, people and events depicted
within The Omnistar eTools Network are
fictitious. No association with any
real company, organizations, product,
person or event is intended or should
be inferred.
Omnistar Interactive, LLC and its eTools
Network is not obligated to monitor
the content on the Omnistar eTools.
Omnistar eTools Network reserves the
right to disclose any information, content,
or materials as necessary to satisfy
any applicable law, regulation, legal
process or government. Omnistar eTools
reserves the right to edit, refuse to
post or to remove any information, content,
or materials, in whole or in part, from
the Omnistar eTools Web sites, in Omnistar
eTools's sole discretion, without notice
at any time.
Any rights not expressly granted herein
are reserved by Omnistar eTools, including
all legal and equitable remedies available
to Omnistar eTools for violation of
any of these Terms of Service.
8. TERMS RELATED TO FEES AND
BILLING
Some products and services available
through or in connection with Omnistar
eTools require that You purchase a subscription
or otherwise pay a fee. You are solely
responsible for all charges, fees, duties,
taxes, and assessments arising out of
any use of Your Omnistar eTools account
by you or anyone else using Your account.
Omnistar eTools reserves the right to
modify the fees charged for Omnistar
eTools products and services from time
to time, provided that such new fees
shall not take effect earlier than thirty
(30) days after Omnistar eTools notifies
You via email or otherwise of such modified
fees.
A. CHARGES ON YOUR BILLING ACCOUNT
Omnistar Interactive, LLC and its eTools
Network bills you through an online
account (Your "Billing Account")
for services and items obtained through
the Omnistar eTools Network (the "Products").
You agree to pay Omnistar Interactive,
LLC and its eTools Network all charges
at the prices then in effect for any
Products ordered by you or other persons
(including Your agents) using Your Billing
Account, and you authorize Omnistar
Interactive, LLC and its eTools Network
to charge Your chosen payment method
(Your "Payment Method") for
such Products. You agree to make payment
using that selected Payment Method.
Omnistar Interactive, LLC and its eTools
Network reserves the right to correct
any errors or mistakes that it makes
even if it has already requested or
received payment.
YOU MUST PROVIDE CURRENT, COMPLETE
AND ACCURATE INFORMATION FOR YOUR BILLING
ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS
ORDERED. YOU MUST PROMPTLY UPDATE ALL
INFORMATION TO KEEP YOUR BILLING ACCOUNT
CURRENT, COMPLETE AND ACCURATE (SUCH
AS A CHANGE IN BILLING ADDRESS, CREDIT
CARD NUMBER, OR CREDIT CARD EXPIRATION
DATE), AND YOU MUST PROMPTLY NOTIFY
Omnistar Interactive, LLC and its eTools
Network IF YOUR PAYMENT METHOD IS CANCELED
(E.G., FOR LOSS OR THEFT) OR IF YOU
BECOME AWARE OF A POTENTIAL BREACH OF
SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE
OR USE OF YOUR USER NAME OR PASSWORD.
IF YOU FAIL TO PROVIDE OMNISTAR ETOOLS
WITH ANY OF THE FOREGOING INFORMATION,
YOU AGREE THAT Omnistar Interactive,
LLC and its eTools Network MAY CONTINUE
CHARGING YOU FOR ANY PRODUCT PROVIDED
UNDER YOUR BILLING ACCOUNT UNLESS YOU
HAVE PROPERLY TERMINATED YOUR SUBSCRIPTION
FOR SUCH PRODUCT (CONFIRMED IN WRITING).
Currency exchange settlements will
be based on Your Payment Method and
may be determined by agreements between
you and the financial institution, credit
card issuer or other provider (the "Payment
Method Provider") of Your chosen
Payment Method. If Omnistar Interactive,
LLC and its eTools Network does not
receive payment from Your Payment Method
Provider, you agree to pay all amounts
due on Your Billing Account upon demand.
Prices for all Products exclude all
applicable taxes and telecommunication
charges, unless expressly stated otherwise.
To the extent permissible by law, you
agree to be responsible for any applicable
taxes and telecommunication charges,
whether or not such amounts are itemized
on Your Online Statement or charged
to Your Billing Account or Payment Method.
If the amount to be charged to Your
Billing Account varies from the amount
you preauthorized, you have the right
to receive, and Omnistar Interactive,
LLC and its eTools Network so provide,
notice of the amount to be charged and
the date of the charge at least 10 days
before the scheduled date of the transaction.
Any agreement you have with the Payment
Method Provider will govern Your use
of Your Payment Method. You agree that
Omnistar Interactive, LLC and its eTools
Network may accumulate charges incurred
and submit them as one or more aggregate
charges during or at the end of each
billing cycle.
Omnistar Interactive, LLC and its eTools
Network MAY SUBMIT PERIODIC CHARGES
(i.e., MONTHLY) WITHOUT FURTHER AUTHORIZATION
FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE
(CONFIRMED IN WRITING) THAT YOU HAVE
TERMINATED THIS AUTHORIZATION OR WISH
TO CHANGE YOUR PAYMENT METHOD. SUCH
NOTICE WILL NOT AFFECT CHARGES SUBMITTED
BEFORE Omnistar Interactive, LLC and
its eTools Network REASONABLY COULD
ACT. TO TERMINATE YOUR AUTHORIZATION
OR CHANGE YOUR PAYMENT METHOD, CONTACT
THE OMNISTAR ETOOLS Network BILLING
DEPARTMENT.
Your non-termination or continued use
of the Products on Your Billing Account
reaffirms that Omnistar Interactive,
LLC and its eTools Network is authorized
to charge Your Payment Method. Omnistar
Interactive, LLC and its eTools Network
may submit those charges for payment
and you will be responsible for such
charges. Those submissions will not
waive Omnistar Interactive, LLC and
its eTools Network right to seek payment
directly from you. Your charges may
be payable in advance, in arrears, per
usage, or as otherwise described when
you initially ordered the applicable
Product.
B. DUE DATE; LATE CHARGE; COLLECTION
COSTS
The amount due to Omnistar Interactive,
LLC and its eTools Network for Your
Billing Account must be paid in full
by Your Payment Method Provider on the
date such payment is requested by Omnistar
Interactive, LLC and its eTools Network,
not later than 30 days after the billing
date; you are not entitled to carry
forward a balance. You agree to pay
late charges that may be assessed by
Omnistar Interactive, LLC and its eTools
Network on amounts due but not timely
paid. You agree to pay all costs incurred
in the enforcement of these Terms of
Use and in collection of any delinquent
amounts due, including reasonable attorneys'
fees and costs.
C. DEFAULT
If Omnistar Interactive, LLC and its
eTools Network does not receive payment
for any charge to Your Billing Account,
you will be in default and Omnistar
Interactive, LLC and its eTools Network
may suspend or cancel Your Billing Account
and Your access to any or all Omnistar
eTools Products. If Your Payment Method
Provider seeks return of payments previously
made to Omnistar Interactive, LLC and
its eTools Network, but Omnistar Interactive,
LLC and its eTools Network in good faith
believes that you are liable for the
charge and applicable law allows the
Payment Method Provider to seek payment
from you, you will also be in default
and Omnistar Interactive, LLC and its
eTools Network may cancel Your Billing
Account and Your access to any or all
Products. CANCELLATION OR SUSPENSION
FOR DEFAULT MAY BE MADE WITHOUT PRIOR
NOTICE TO YOU AND UPON SUCH CANCELLATION
OR SUSPENSION, Omnistar Interactive,
LLC and its eTools Network MAY STOP
DELIVERY OF ANY PRODUCT, AND ANY INFORMATION
YOU HAVE STORED ON AN OMNISTAR ETOOLS
SERVICE MAY NOT BE RETRIEVED AT A LATER
DATE.
D. TERMINATION, CANCELLATION OR SUSPENSION;
REFUNDS
Omnistar Interactive, LLC and its eTools
Network may, in its discretion, terminate,
cancel, or suspend an accepted order
if Omnistar Interactive, LLC and its
eTools Network is notified that Your
Payment Method has expired or has been
canceled, or if Omnistar Interactive,
LLC and its eTools Network has reason
to believe that any Billing Account
information provided to Omnistar Interactive,
LLC and its eTools Network is untrue,
inaccurate, not current or incomplete.
Termination, cancellation or suspension,
whether by you or Omnistar Interactive,
LLC and its eTools Network, will not
alter Your obligation to pay all charges
made to Your Billing Account before
such termination, cancellation or suspension
(including charges made after termination
by you but before Omnistar eTools could
reasonably act on Your termination notice
). Subject to any withdrawal right you
may have under applicable law, You will
not be entitled to any refunds upon
termination, cancellation or suspension
unless these Terms of Service or the
cancellation policy on the cancellation
policy page of the Omnistar eTools website
expressly so provides.
If You notify Omnistar Interactive,
LLC and its eTools Network by phone
at or by email within 30-days of purchasing
Omnistar Etools products or services,
fees pre-paid by You to Omnistar eTools
for Omnistar eTools products or services
will be credited back to Your payment
method in accordance with the refund
policy. Omnistar Interactive, LLC and
its eTools Network is not required to
refund directly to You any amounts paid
hereunder.
In the event that Omnistar Interactive,
LLC and its eTools Network terminates
Your Omnistar eTools account or one
or more of Your Omnistar eTools services
for violation of these Terms of Service
or the Additional Terms, You will not
be entitled to the return of any fees
paid with respect to any such terminated
account service. Except as otherwise
required by law, the costs of any returns
if permitted will be at Your expense.
All Omnistar eTools Network accounts
may be terminated that include the following
content or which have links to the following
content:
-
Providing material
that is grossly offensive to the Web
community including blatant expressions
of bigotry, racism or hatred.
-
Adult and Child Pornography
and/or graphic images and photos of
nude individuals or groups.
-
Promoting or providing
instructional information about illegal
activities, or promoting physical
harm or injury against any group or
individual.
-
Displaying material
that exploits children under 18 years
of age.
-
Acts of copyright
infringement including offering pirated
computer programs or links to such
programs, information used to circumvent
manufacturer-installed copy-protect
devices, including serial or registration
numbers for software programs, or
any type of cracker utilities.
-
Exporting encryption
software over the Internet or otherwise,
to points outside the United States.
-
Distributing information
regarding the creation of and sending
Internet viruses, worms, Trojan horses,
pinging, flooding, mailbombing, or
denial of service attacks. Also, activities
that disrupt the use of or interfere
with the ability of others to effectively
use the network or any connected network,
system, service, or equipment.
-
Advertising, transmitting,
or otherwise making available any
software, program, product, or service
that is designed to violate this AUP,
which includes the facilitation of
the means to spam, initiation of pinging,
flooding, mailbombing, denial of service
attacks, and piracy of software.
-
Web Cam's
-
Casino sites or pages
containing casino or online gambling
functionality.
E. GENERAL
You represent and warrant that you
are an individual (or in the case of
an entity, an agent of the entity) authorized
to use the designated Payment Method.
You agree to pay for all charges (including
charges by other persons) and to comply
with Your responsibilities and obligations
as stated in these Terms of Service.
If you are an agent of an entity, you
represent and warrant that you are duly
authorized to legally bind the entity
to all terms and conditions of these
Terms of Service and that you have made
the entity aware of them. You agree
not to assign, transfer or sublicense
any rights in Your Billing Account.
9. CANCELLATION POLICY
You acknowledge that if You cancel any
subscriptions to an Omnistar eTools
product or service that You may not
be entitled to a refund of all or part
of amounts already paid by You for such
Omnistar eTools subscription. You agree
that (a) Omnistar eTools cancellation
policy will be stated in these terms
and may be changed from time to time
by Omnistar eTools in its sole discretion
and (b) the cancellation policy posted
at the time you cancel Your subscription
shall govern the amount of the refund
(if any) due to you. The cancellation
policy will clearly be posted on the
Omnistar etools product website and
my change at any time.
10. COPYRIGHT AND TRADEMARK
NOTICES
All contents of the Omnistar eTools
Network are: under the ownership control,
license and dominion of Omnistar Interactive,
LLC, 715 Park Avenue, First Floor, Baltimore,
MD 21201 U.S.A. All rights reserved.
11. TRADEMARKS
Omnistar eTools is either a trademark
or registered trademark of Omnistar
eTools. The names of actual companies
and products mentioned therein may be
the trademarks of their respective owners.
Any rights not expressly granted herein
are reserved by Omnistar Interactive,
LLC and its eTools Network.
12. SERVICE CONTACT
If You need to contact Omnistar eTools
regarding the Omnistar eTools Network,
please visit our contact listings page
at http://www.omnistaretools.com
13. RESELLING OMNISTAR ETOOLS
A specific contract and terms for reselling
Omnistar Etools can be obtained by contacting
Omnistar Interactive Customer Support.
You cannot resell Omnistar Etools unless
you have received a separate reseller
agreement.

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