eUnify.net, based on its sole discretion, reserves the right to examine the information or Member data contained within any Site for the purpose of determining if a violation of these Terms and Conditions has occurred.
If, as a result of a Web Subscriber’s use of eUnify.net’ services, it has a dispute with one or more Members, Web Subscriber releases eUnify.net, its affiliates, officers, directors, agents, and employees from all claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the dispute. If Web Subscriber or Member is a California resident, it, he or she waives California Civil Code § 1542, which says, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

* To report a violation of this policy, please send an email to abuse@eunify.net. In accordance with eUnify.net’ Privacy Policy, eUnify.net will cooperate with the appropriate legal authorities when required to release information about Web Subscribers and Members who have violated the anti-spam policy.
VI. REPRESENTATIONS OF Web SUBSCRIBER’S SITE ADMINISTRATOR:
Registration acts as acceptance of the Terms and Conditions contained in this Agreement. By accepting the Terms and Conditions, the Web Subscriber represents and warrants 1) that she, he, or it is the authorized Site Administrator and has the legal authority to register and enter into this Agreement on behalf of the Web Subscriber and thereby binds the Web Subscriber to the Terms and Conditions of this Agreement, 2) that all Members are at least eighteen (18) years of age, and 3) the Web Subscriber and its Members consent to the Terms and Conditions of this Agreement.

VII. REGISTRATION PROCESS:
To have an Web site, each Web Subscriber and its Members must complete the registration process. Web Subscriber and each Member will need to provide the following information:

eUnify.net has sole discretion regarding the timing, nature, and content of all correspondence with Site Administrators and members.

*The Site Administrator will be the person who sets up the Web site. This person will need to make decisions concerning the level of privacy, security, and desired options that best suit the needs of its members and organization. The Site Administrator will also control which members have access to the site and what options and privileges those members will have once they have registered. Other Site Administrators may be registered under the Web Subscriber’s information. Once registered, additional Site Administrators agree to abide by all the terms and conditions and are responsible for promptly reviewing any notices received from eUnify.net regarding the Web Subscriber’s Site.

VIII. USER NAMES, PASSWORDS, & SECURITY:
Each Web Subscriber will select a Site Name. eUnify.net will use reasonable efforts to comply with the Web Subscriber’s request for a Site Name, but reserves the right to provide a different Site Name if any of the following occur:
1. The same or similar name has already been registered with eUnify.net and the use of that name may present confusion or difficulty to Members when trying to access their site,
2. eUnify.net finds the Site Name to be offensive or obscene
3. eUnify.net determines that the Web Subscriber is engaging in behavior that is designed to avoid paying fees, infringes on the property of another, violates any applicable laws, or interferes with eUnify.net’ ability to successfully manage the Website and provide services to its users.

IX. CONFIDENTIALITY:
The Web Subscriber and its Members are responsible for the confidentiality of the site. The protection of passwords and the privacy of any information shared on the site is the responsibility of each Member and the Web Subscriber as a whole. The Web Subscriber and its Members are responsible for ensuring the confidentiality of any information exchanged within its site and for any content posted on its site. The Web Subscriber agrees to notify eUnify.net immediately of any breaches of security, including unauthorized use, activities, or disclosure. If Web Subscriber fails to notify eUnify.net of any security breach or fails to abide by the provisions set forth above, it agrees to hold eUnify.net harmless for any damages that may occur in connection with any of these provisions.
X. PRIVACY:
eUnify.net respects the privacy of its Users. Please view our Privacy Policy at http://eUnify.net/privacy.htm for a complete description of the ways in which eUnify.net protects your privacy.

XI. TERMINATION/CANCELLATION OF SERVICES OR ACCESS:
eUnify.net may, at any time and on its sole discretion, cancel, suspend, limit, or discontinue any or all of its services. eUnify.net may also cancel, suspend, limit, or discontinue any password, Site Name, or all or any part of the Web Subscriber’s site if eUnify.net suspects that the Web Subscriber or one of its Members is using the site to: 1) Violate the terms and conditions set forth within this contract; 2) Violate any other policy of eUnify.net; 3) Conduct fraudulent activity; 4) Conduct abusive or unlawful activity, or; 5) Access unauthorized areas of the website, including the personal information of other Web Subscriber or Members.

If any of the above violations occur or are suspected to have occurred, eUnify.net reserves the right to terminate the Web Subscriber’s and/or any of its Members’ access immediately, with or without notice. Furthermore, eUnify.net reserves the right to conduct an investigation of any claim of fraudulent, abusive, or unlawful activity. This investigation may include accessing the Site and reviewing any pertinent information contained therein. eUnify.net will provide this information to a third party when required by a court order or applicable law or to the appropriate law enforcement officials when necessary.

If an account is cancelled due to any of the reasons set forth above, the Web Subscriber or Member will be barred from re-registering or participating in all or any part of this website.

If service is cancelled for any reason, eUnify.net may elect to remove from its servers the information provided by the Web Subscriber and its Members during registration.

Should Web Subscriber want to voluntarily cancel its Site, it must contact eUnify.net by sending an email with the Site Name and pertinent registration information to support@eunify.net.

The provisions set forth in Sections XVI and XVII will survive any cancellation or discontinuance implemented in accordance with the policies in this section or the Section XII.

XII. ACCESS TO SERVICES:
Access:
eUnify.net provides each Web Subscriber with the capability to create an Web site. eUnify.net promises to make reasonable efforts to provide a quality of service that meets or exceeds prevailing industry standards. eUnify.net will make every effort to provide access to the Site on a twenty-four-hour per day, seven-day per week basis. The Web Subscriber and its members recognize, however, that despite eUnify.net’ good faith efforts, at times access will be unavailable due interruption of major network connectivity, network and server limitations, back-up and regular maintenance performed by eUnify.net, or for any other reason.

Support:
Free and optional fee-based support is provided for all Web Subscribers and their Members to use when encountering difficulties accessing or using the Site. These support sites can be accessed through the interface provided by eUnify.net, provided the Web Subscriber and its members have the appropriate equipment to make a connection to the interface. All Web Subscribers and Members acknowledge that they are individually responsible for providing the necessary equipment, including computer, modem, and any other access device, and are responsible for securing access and paying all fees associated with that access to the World Wide Web.

Third Party Providers:
eUnify.net’ website contains links to the sites of eUnify.net’ partners, affiliates, and providers of services or content to eUnify.net (“Third Party Providers”). These links are provided as a convenience and service to the Web Subscriber and its Members. eUnify.net does not regulate these sites, nor will eUnify.net be held liable for the accuracy or reliability of any of these sites, their content, the products they advertise, or any transmissions conducted by such sites. Furthermore, eUnify.net will not be held liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such information. If Web Subscriber or its Members decide to use the provided links, they acknowledge that they are bound by the privacy and use policies of each linked site.

Any text, graphics, logos, trademarks, copyrighted information, or any other material published by eUnify.net or its Third Party Providers remains the property of eUnify.net or the identified provider of the material. Web Subscriber and its Members agree to respect the property rights associated with these materials.
In the event that Web Subscriber registers for eUnify.net’ services through a eUnify.net’ partner who is reselling those services on behalf of eUnify.net, Web Subscriber agrees that eUnify.net may provide membership, billing, and personally identifiable member information when necessary, to the eUnify.net’ partner, notwithstanding anything contained in these Terms and Conditions or the eUnify.net’ Privacy Policy.

Hyperlinks:
Through Web Subscriber’s or a Member’s use of the services, Web Subscriber or a Member may be provided with hyperlinks to other Web sites or resources. eUnify.net has no control over those sites and resources. Web Subscriber and its Members acknowledge that eUnify.net is not responsible for the availability of those hyperlinked sites or resources, and does not endorse and is not responsible or liable for any information, advertising, products, or other materials on or available from those sites or resources. Web Subscriber and its Members further acknowledge that eUnify.net shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such information, goods, or services available on or through any such site or resource.

XIII. FEES:
Services are provided on a subscription basis. Web Subscriber and its Members agree that subscription fees will be paid on or before the 12th of each month. In the event payments are not received by the agreed upon date, eUnify.net may, in its sole discretion, discontinue service until such time as the account is brought current. Web Subscriber acknowledges that it is solely responsible for providing any information concerning changes in billing information. Web Subscriber will be responsible for any delay in payment, delinquency in account, or cancellation of services that result from a failure to provide such notice.

Monthly subscription fees are based on the prices published by eUnify.net at the time the account is created. Web Subscribers are not charged for the calendar month in which the account is created, but will be charged on a monthly basis thereafter, beginning with the first day of the month after the account is created. Fees will be assessed according to the pricing plan the Web Subscriber chooses and may be based on either actual or maximum Site membership. Guest visitors, including those whose membership is pending, are not considered members for billing purposes. It is the Site Administrator’s responsibility to make sure the member list is accurate. Any fees calculated on an inaccurate member list are the responsibility of the Web Subscriber. eUnify.net will not add, remove, or delete members from an Web Subscriber’s site.

Cancellation requests for the Site must be completed by the Site Administrator and may be done at any time by sending a cancellation request to billing@eunify.net. Cancellations will be processed as of the last day of the calendar month in which the request is received. Upon receiving the cancellation request, eUnify.net has the right to deactivate the Site at any time.

eUnify.net reserves the right to increase its fees at any time. Current rates and fees are published on the www.eunify.net website.

Subscriptions paid by credit card will automatically be charged the subscription amount on the first of each month. Subscriptions paid by invoice will be electronically invoiced on the first day of each month.

Fees for other services not included in this agreement will be assessed according to the prices in effect at the time of purchase.

XIV. STORAGE AND FILE DOWNLOAD/BANDWIDTH LIMITATIONS:
Storage space on eUnify.net’ servers is limited based upon the Web Subscriber’s current pricing level. Due to space constraints, it may not be possible to store all data or information. The Web Subscriber will not hold eUnify.net liable for the deletion of or failure to store any information that results from these space constraints.
To provide the highest level of service to all of its Web Subscribers and Members, eUnify.net reserves the right to restrict the file download or bandwidth capacity of any or all of its sites.

XV. SUBSCRIBER CONTENT:
All information posted by Web Subscriber, or one of its Members, is the responsibility of that Web Subscriber. eUnify.net does not control the content of the information at an Web Subscriber’s URL. Members of the Web Subscriber may believe the information at that URL to be harmful, inaccurate, deceptive or offensive. Web Subscribers should exercise caution, common sense, and practice safe trading when using eUnify.net’ services. Web Subscriber and its Members should understand that they assume the risk of dealing with foreign nationals, underage persons, or people acting under false pretense. Authentication of a Member’s identity on the Web is not always possible. Therefore, eUnify.net cannot and does not confirm the identity of each Member.

XVI. BACK-UP POLICY:
To ensure the efficiency and effectiveness of its operations, eUnify.net routinely backs up the data stored on its servers. The information that is backed up is stored for a limited period of time. In accordance with the provisions of Sections XI and XII, eUnify.net will make reasonable efforts to restore site information at the Web Subscriber’s request, once the account is current. eUnify.net claims no responsibility for loss of any information or failure to back up any information, including but not limited to, information posted on the Web set by the Web Subscriber, registration information related to the Web Subscriber’s account with eUnify.net, and registration or other information concerning any of the Web Subscriber’s members.

XVII. FREE TRIAL POLICY:
eUnify.net offers a time-based free trial of its services. During this free trial period, eUnify.net may send email messages describing various features and benefits of the Web to Web Subscriber's email address. As these messages are automated, Web Subscriber cannot opt-out. However, these emails will discontinue when Web Subscriber either upgrades the Web to a paid subscription, cancels the free trial, or when the free trial period expires. Web Subscriber agrees to receive periodic email from eUnify.net. To opt out of these emails send a request to remove@eunify.net from the email address that is on file on the Web site.

XVIII. WARRANTY:
eUnify.net PROVIDES SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. eUnify.net SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. eUnify.net MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET Web SUBSCRIBER’S OR MEMBER’S REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY Web SUBSCRIBER OR MEMBER THROUGH THE SERVICES WILL MEET Web SUBSCRIBER’S OR THE MEMBER’S EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT Web SUBSCRIBER’S AND MEMBER’S OWN DISCRETION AND RISK AND Web SUBSCRIBER AND MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS, HIS, OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY Web SUBSCRIBER OR MEMBER FROM eUnify.net, THROUGH OR FROM THE SERVICES IT PROVIDES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES PROVIDED IS DONE AT Web SUBSCRIBER’S AND MEMBER’S OWN DISCRETION AND RISK AND Web SUBSCRIBER OR MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS, HIS, OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY Web SUBSCRIBER OR MEMBER FROM eUnify.net, THROUGH OR FROM THE SERVICES IT PROVIDES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may also have other legal rights that vary from state to state.

XIX. INDEMNITY:
Web Subscriber and its Members agree to indemnify and hold eUnify.net and its subsidiaries, affiliates, officers, directors, agents, and employees, and any providers of data used on Web Subscriber’s Site or the eUnify.net’ Website, harmless from any claim or demand, including reasonable attorneys’ fees, made by any Web Subscriber, Member, or other third party due to or arising out of Web Subscriber’s or Members’ breach of this Agreement or the documents it incorporates by reference, or Web Subscriber’s or Members’ violation of any law or the rights of a third party.

XX. PROPERTY RIGHTS:
The content on this Website, including all text, graphics, logos, button icons, images, audio clips, and software, and the collection, arrangement, and assembly of that content, is the property of eUnify.net and is protected by U.S. and international copyright laws. eUnify.net own all software used on this Website. The software is protected by U.S. and international copyright laws. Any use of the software or content of this site that is inconsistent with the Website’s purpose, including the reproduction, modification, distribution, transmission, republication, display, or performance, is strictly prohibited.

eUnify.net retains the rights to all trademarks, trade names, service marks, service names and logos (“Marks”) on this Website. No Marks may be used in any manner that is likely to cause confusion as to the source or origin of any goods or services, or in any manner that disparages or discredits eUnify.net.

This Website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by eUnify.net.

Any comments, ideas, or suggestions submitted to eUnify.net through this interface become the sole property of eUnify.net. eUnify.net may use any information submitted in this manner without any obligation to the Web Subscriber or Member who submitted it.

Information posted on the Web Subscriber’s Site by the Web Subscriber or its Members, particular to the Web Subscriber’s organization, will remain the sole property of the Web Subscriber, its Members, or any party with rights therein.

Notification of claimed copyright infringement should be sent to: eUnify.net, 2925 E. Riggs Rd Suite 8-103, Phoenix, AZ 85249; (480) 802-4284; email: abuse@eunify.net, pursuant to Title 17, United States Code, Section 512(c)(2).

XXI. LEGAL STIPULATIONS:
Representations:
The Web Subscriber represents that no joint venture, partnership, employment, or agency relationship exists between eUnify.net and the Web Subscriber or its Members as a result of the Terms and Conditions contained in this document, or by the use or access to the services provided by eUnify.net.

Entire Agreement:
These Terms and Conditions, incorporating any notices and policies published on the eUnify.net Website, constitute the entire agreement between the Web Subscriber, its Members, and eUnify.net. This Agreement supercedes all other communications, in whatever form, between the Web Subscriber, its Members and eUnify.net.

Jurisdiction and Venue:
The Terms of this Agreement and all the provisions contained within, as well as the relationship between the Web Subscriber, its Members, and eUnify.net, are governed by the laws of California and the United States of America without regard to conflict of law provisions. The Web Subscriber and its Members agree to the personal and exclusive jurisdiction and venue of the state and federal courts located in Alameda County, California, U.S.A. concerning any and all disputes arising out of or relating to the use or access of eUnify.net’ services or Website under this Agreement.

Voided or Invalid Provisions:
If a court of law finds any part of the Terms and Conditions invalid or unenforceable, the provision will be replaced by a valid, enforceable clause that most closely resembles the intent of the initial provision. The unenforceable or invalid provision has no effect on the remaining terms and conditions, which remain in effect as contained herein.

Waiver:
eUnify.net’ failure to exercise any of its rights under this Agreement does not constitute a waiver such right.

Statute of Limitations:
eUnify.net and Web Subscriber agree that any claim or action arising out of or related to this Agreement will be commenced within one year after the cause of action arose, regardless of contrary statutory or common law. If a claim or action is not commenced within one year after the cause of action arose, the claim is permanently barred.