EntsWeb terms and conditions of business
and disclaimers
The following terms of business apply to any or all of the domain name registration, Web Site hosting, email and Internet based Directory services (together "Services" and individually "Service") to be provided by us to you from time to time.
"Server" means the computer server equipment used by us in connection with the provision of the Services.
"Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet.
"Directory Pages" means any pages forming part of the EntsWeb Online Directory web site including but not limited to e.Cards, Record Cards, Full Pages, Budget Sites, links pages and message boards.
"Message Boards" means any area where massages can be directly posted by visitors to the Directory Pages, currently this includes the Jobs & Auditions area and the EntsWeb Forum
"Content" means all information contained in the Directory Pages.
THE DIRECTORY AND FORUM
Disclaimer of Liability
For Content available from this server, EntsWeb does not warrant or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed.
Disclaimer of Endorsement
General – EntsWeb does not endorse or recommend any commercial products, processes, or services. The views and opinions of authors expressed on EntsWeb's Web sites do not necessarily state or reflect those of EntsWeb and they may not be used for advertising or product endorsement purposes.
External Links
The Directory Pages provide links to other Internet sites for the convenience of users. EntsWeb is not responsible for the availability or content of these external sites, nor does EntsWeb endorse, warrant, or guarantee the products, services, or information described or offered at these other Internet sites. Users cannot assume that the external sites will abide by the same Privacy Policy to which EntsWeb adheres.
Pop-Up Advertisements
When visiting our Web site, your Web browser may produce pop-up advertisements. These advertisements were most likely produced by other Web sites you visited or by third party software installed on your computer. EntsWeb does not endorse or recommend products or services for which you may view a pop-up advertisement on your computer screen while visiting our site. We have a policy of blocking web sites which cause third party pop-up to appear.
Adding an entry or advertisement to the EntsWeb Directory
- For a set fee EntsWeb provides space on the Server for a client to publish their advertising content and web site details in the form of an entry or advertisement.
- No third party pop-up windows:
Sites which cause third party advertising pop ups and windows to open will not be accepted. Sites already listed will be deleted if they are found to be in breach of this rule.
- All sites must be entertainment, music or leisure related.
Sites which do not fall into one or more of these categories will be rejected.
- No pornographic or dubious content:
Sites containing "adult" material, unsavoury content, bad language or other dubious content will not be listed.
- Your web site must be complete and working:
Sites which are full of dead links, have errors or just show a holding page will not be listed.
- Your web site must carry contact information
Your web site must carry contact information or a method of communication so that interested parties can make contact with you or make enquiries about your service. This must be available without the need to "Sign in" or "Become a Member".
- Do not use all uppercase or all lowercase text. When filling in the order form for your entry please use proper sentence case and/or capitalization.
- Entry titles must be business, stage or trading names:
Only genuine business, trading or stage names are allowed as a title. This is to make it easier to find a specific company, band or entertainer, etc. and to prevent fake names such as AAA Discos, A1 Comedian, Aardvark Staging etc. from taking unfair advantage.
- Categories. The EntsWeb Directory is divided into various categories such as Covers Bands, Event Management, Fun Casinos, etc. All links to external web sites must be placed under the appropriate category. Entries cannot be added to the directory under categories which, in our opinion, do not match with the content of the linked web site. For instance a Comedian cannot be listed under Caterers. EntsWeb will choose the appropriate category if we consider there is a mismatch. To overcome this restriction you can take an ad in the form of a banner or button rather than a Directory entry. Where possible a category will be split into two or more new categories. For instance, as the number of entries grows, then the category “Wine” could be split into “Red Wine”, “White Wine” and possibly “Rose” for more precision. Also if a category becomes overcrowded it may be split into geographical regions for ease of directory use.
- Changes & Amendments to all Entries excluding Standard Entries.
Once uploaded, you have two weeks to notify us, by email, of any changes or amendments you would like made to your entry. After this time, with the exception of the URL, email address, phone/fax numbers or postal address, (which can be updated free of charge up to twice in the 12 month period) further changes can be made only when the entry is due for renewal or on payment of a £10 administration fee.
- Changes & Amendments to Standard Entries.
Once uploaded, you have two weeks to notify us of any changes or amendments you would like made to your entry. After this time no further changes can be made to the entry other than the deletion of the entry or replacement of the entry with a new Standard Entry.
- Content of Directory Entries
- You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisation in respect of any artwork, photographs and/or text supplied by you to EntsWeb for use in your entry on the Directory Pages.
- You agree to indemnify and keep indemnified and hold us on demand harmless from and against any claim brought against us by a third party resulting from the use of unlicensed content supplied by you for use in your entry in the Directory Pages.
- G5 Standard Entry & Bold Links
- No contact information may be published other than the site link (URL) and a telephone number.
- There is a limit on the amount of text permitted which may change from time to time.
- G4 Button Box
- Partial contact information may be published in the form of your e-mail address, the site link (URL) and a telephone number.
- There is a limit on the amount of text permitted which may change from time to time.
- G3 Record Card, G2 & G1 Guaranteed Positions
- Full contact information may be published including telephone, fax, e-mail, Skype and postal address
- There is a limit on the amount of text permitted which may change from time to time
- Advertisements
- Artwork
- In some circumstances, we will produce the artwork for 125x125 pixel advertisements. However we can do this only once and if the artwork provided by us is not to the satisfaction of the advertiser then they will need to supply their own upload ready artwork in the form of a file no larger than 15 Kilobytes at 72 dpi in one of the following file formats: JPG, GIF, Animated GIF, SWF or PNG
- If we produce artwork for the advertiser it will be constructed from graphic files found on and taken from the advertisers own web site. The advertiser agrees to license the use of such graphic files and where a third party holds copyright the advertiser agrees to obtain clearance from the copyright holder and pay any fees due to the copyright holder so that the graphic files may be used to construct artwork for display on the Directory Pages.
- Prices
The current prices for our services can be found at http://www.entsweb.net/order/step-1.html. These prices may change from time to time. With the exception of the Standard Entry all prices for directory entries are for twelve month runs. Standard Entries are free from annual charges but do incur a once only non-refundable admin fee. This admin fee partially covers the cost of managing submitted web site links including initially verifying the suitability of submitted sites. Because the admin fee is non-refundable it is wise for anyone submitting a site to first check it for compliance with the rules set out above.
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THE FORUM & JOBS & AUDITIONS
Message Boards
You agree, through your use of the EntsWeb Forum, that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of ANY law. To do so may result in legal actions being taken against you.
You also agree not to post any copyrighted material unless the copyright is owned by you or you have consent from the owner of the copyrighted material.
Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also inappropriate to The Forum.
Note that it is impossible for us to confirm the validity of posts on the Forum. Please remember that we do not actively monitor the posted messages and we are not responsible for their content. We do not warrant the accuracy, completeness or usefulness of any information presented. The messages express the views of the author, not necessarily the views of EntsWeb.
Anyone who feels that a posted message is objectionable is encouraged to notify an administrator of this forum immediately. We have the rights to remove objectionable content, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately. This policy goes for member profile information as well.
You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless the Forum and EntsWeb. We at EntsWeb also reserve the right to reveal your identity (or any information we have about you) in the event of a complaint or legal action arising from any information posted by you.
You have the ability, as you register, to choose your username. We advise that you keep the name appropriate. With this user account, you agree to never give your password out to another member. You also agree to NEVER use another member's account to post messages or browse this forum.
After you register and log into the EntsWeb Forum, you can fill out a detailed profile. It is your responsibility to present clean and accurate information. Any information we deem inaccurate or vulgar will be removed.
Please note that with each post, your IP address is recorded, this is in case you need to be banned from the forum or your ISP contacted. This will only happen in the event of a major violation of this agreement.
For security purposes, while you are logged on to the Forum, two cookies are placed on your computer. They are constantly checked to confirm you are who you say you are. This additional security feature controls access to your private mail and whether or not messages can be posted in your name.
DOMAIN NAME REGISTRATION
This service is no longer available.
WEB SITE HOSTING / EMAIL SYSTEM / DIRECTORY PAGES
4) We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server.
5) You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by EntsWeb or submitted to EntsWeb including without limitation information in EntsWeb Message Boards, EntsWeb Jobs & Auditions, EntsWeb Classified Ads and in all other parts of the Service
6) You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that:
a) you will not, nor will you authorise or permit any other party to, use the Server in violation of any law or regulation;
b) you will not knowingly or recklessly post, link to, submit links to or transmit:
i) any material that is unlawful, threatening, abusive, harmful, malicious, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable in any way; or
ii) any material containing a virus or other hostile computer program;
iii) any material that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person, firm or company under the laws of any jurisdiction.
7) We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or misrouting or any other failure of email.
8) You warrant, undertake and agree that you will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information.
9) We do not guarantee that the Server will be free from unauthorised users or hackers.
SERVICE AVAILABILITY
10) We shall use reasonable endeavours to provide continuing availability of the Server and the Services but we shall not, in any event, be liable for Service interruptions or down time of the Server.
INTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS
11) You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisation in respect of your Web Site content.
INDEMNITY
12) You agree to indemnify and keep indemnified and hold us on demand harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms of business.
TERMINATION
13) We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due.
14) We may terminate this agreement upon written notice if you breach any of these terms and conditions and you fail to correct the breach within thirty (30) days following written notice from us specifying the breach, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.
15) On termination of the agreement we shall be entitled immediately to block your Web Site and to remove all data located on it. We will hold such data for a period of 14 days and allow you to collect it at your expense, failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.
PAYMENT
16) All charges payable by you to us for the Services shall be in accordance with the relevant scale of charges and rates published from time to time by us on our Web Site and shall be due and payable immediately on receipt of our invoice.
17) The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you.
LIMITATION OF LIABILITY
18) We hereby exclude all conditions, terms, representations (other than fraudulent representations) and warranties relating to the Services supplied under this agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose.
19) Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
20) In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
PRIVACY POLICY
Our privacy policy is simple. We will not pass on your information to anyone else unless there is a legal obligation for us to do so. The information you supply to us is used solely to enable your entry in the EntsWeb Directory to be produced and to allow us to contact you with renewal reminders, changes of terms & conditions, invoices and other business communication.
COPYING & DOWNLOADING
None of the Content may be reproduced or republished and may be downloaded only for personal use.
LAW
These terms and conditions shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English Courts.
ENTIRE AGREEMENT
These terms and conditions together with any document expressly referred to in them, contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. |