Terms of Use
Universal Terms of Service for omnEpresence Software and Services
This Agreement (“Agreement”) is by and between omnEpresence Inc. (“OEPI”) a corporation and you, your heirs, agents, successors, assigns or company (“End User”), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of use by End User of OEPI software (“Software”) and services (“Services”) and explains OEPI’s obligations to End User and End User’s obligations to OEPI in relation to the Software and Services purchased.
This Agreement as well as any additional OEPI policies, together with all modifications thereto, constitute the complete and exclusive agreement between End User and OEPI concerning End User’s use of OEPI’s Software and Services, and supersede and govern all prior proposals, agreements, or other communications. All OEPI policies and agreements specific to particular Software and Service are incorporated herein and made part of this Agreement by reference, including the dispute policy (“UDNRP”). By purchasing OEPI’s Software or Services, End User acknowledges having read, understood, and agreed to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which OEPI may establish from time to time, and any agreements that OEPI is currently bound by or will be bound by in the future. All changes to these terms will become effective ten (10) days after posting. End User’s continued use of the Software and Services after the date such changes become effective will constitute acceptance by End User of the changes and End User’s agreement to be legally bound by any modifications or amendments to these Terms of Use. End User should periodically review the latest version of this Agreement online to which End User shall be bound.
In addition to transactions entered into by End User, End User also agree to be bound by the terms of this Agreement for transactions entered into on End User’s behalf by anyone acting as End User’s Agent, and transactions entered into by anyone who uses the account End User has established with OEPI, whether or not the transactions were in End User’s behalf. End User acknowledges that OEPI’s acceptance of any application made by End User for Services provided by OEPI will take place at the Internet Corporation for Assigned Names and Numbers (“ICANN”) accredited registrar’s offices located in Scottsdale, Arizona, USA.
The General Terms in Section A apply to all customers of OEPI. The Software and Services Specific Agreements incorporated in Section B apply only to customers who have purchased those referenced Services.
A. GENERAL TERMS APPLICABLE TO ALL SOFTWARE AND SERVICES
1. TERM OF AGREEMENT; MODIFICATIONS.
End User agrees that OEPI may modify this Agreement and the Services from time to time. End User agrees to be bound by any changes OEPI may reasonably make to this Agreement when such changes are made. If End User has purchased Services or Software from OEPI, the term of this Agreement shall continue in full force and effect as long as End User takes advantage of and uses the Software or Services. In the event End User terminates End User’s usage, OEPI will not refund any amounts End User has paid. End User agrees that OEPI shall not be bound by any representations made by third parties who End User may use to purchase Services from OEPI. Except for these Terms of Use, no statement which may be posted on OEPI’s Web site or contained in OEPI’s promotional materials, constitutes a contract, a representation or warranty, an offer to enter into a contract, and no statement on the Web site is (or shall be deemed to be) incorporated by implication, reference or otherwise into any contract of OEPI. OEPI may, from time to time, offer certain promotions with different charges and features.
OEPI may terminate this Agreement if you breach any of the provisions of this Agreement. Furthermore, OEPI may immediately terminate this Agreement and your access to the Software and the Services through this Web site if you violate any use policies imposed on us by any of our suppliers, if you do not correct the violation within five (5) days after notice from us of your violation, or if we are unable to verify or authenticate any information you provide to us.
End User agrees that End User will be responsible for notifying OEPI should End User desire to terminate End User’s use of OEPI’s Services. Notification of End User’s intent to terminate must be provided to OEPI no earlier than fifteen (15) days prior to End User’s billing date but no later than five (5) days prior to End User’s billing date.
2. ACCURATE INFORMATION.
End User agrees to maintain accurate information by providing updates to OEPI, as needed, while End User is using OEPI’s Services. End User agrees End User will notify OEPI within five (5) business days when any change of the information End User provided as part of the application and/or registration process changes. Failure by End User, for whatever reason, to respond within five (5) business days to any inquiries made by OEPI to determine the validity of information provided by End User will constitute a material breach of this Agreement.
End User agrees that OEPI may use and rely on any such information provided by End User for all purposes in connection with End User’s Services, subject to OEPI’s Privacy Policy. If End User provides any information that is inaccurate, not current, false, misleading or incomplete, or if OEPI has reasonable grounds to suspect that End User’s information is inaccurate, not current, false, misleading or incomplete, OEPI has the absolute right, in its sole discretion, to terminate its Services and close End User’s account.
3. PRIVACY.
End User can view OEPI’s Privacy Policy here, which is incorporated herein by reference, as it is applicable to all Company Software and Services. The Privacy Policy provides End User’s rights and Company’s responsibilities with regard to End User’s personal information. Company will not use End User’s information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. Although OEPI does not generally sell, rent, distribute or provide your information to third parties, OEPI does aggregate user information. For example, we may aggregate such information to determine the general demographic makeup of our customers, types of Services, etc. The aggregated information will not identify your specific information, and OEPI retains all intellectual property rights with respect to such aggregate information. Unfortunately, OEPI cannot insure that all personal information will never be disclosed in ways not otherwise described in the Privacy Policy. OEPI may be required by law to disclose information to government authorities, law enforcement or to third parties upon the issuance of a subpoena and you authorize OEPI to disclose information as OEPI believes, in its sole discretion, is necessary or appropriate.
4. ACCOUNT SECURITY.
End User agrees End User is entirely responsible for maintaining the confidentiality of End User’s user ID’s, passwords and account information. End User agrees End User is entirely responsible for any and all activities that occur under End User’s account. End User agrees to notify OEPI immediately of any unauthorized use of End User’s account or any other breach of security. End User agrees OEPI will not be liable for any loss that End User may incur as a result of someone else using End User’s password or account, either with or without End User’s knowledge. End User further agrees End User could be held liable for losses incurred by OEPI or another party due to someone else using End User’s account or password. For security purposes, End User should keep account access information in a secure location and take precautions to prevent others from gaining access to End User’s user name and password. End User agrees that End User will be responsible for all activity in End User’s account, whether initiated by End User, or by others on End User’s behalf, or by any other means. OEPI specifically disclaims liability for any activity in End User’s account, whether authorized by End User or not.
5. NO UNLAWFUL CONDUCT OR IMPROPER USE.
As a condition of End User’s use of OEPI’s Software and Services, End User agrees not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and End User agrees to comply with any applicable local, state, federal and international laws, government rules or requirements. End User agrees End User will not be entitled to a refund of any fees paid to OEPI if, for any reason, OEPI takes corrective action with respect to End User’s improper or illegal use of its Services.
OEPI reserves the right at all times to disclose any information as OEPI deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in OEPI’s sole discretion.
If End User has purchased Services, OEPI has no obligation to monitor End User’s use of the Services. OEPI reserves the right to review End User’s use of the Services and to cancel the Services in its sole discretion. OEPI reserves the right to terminate End User’s access to the Services at any time, without notice, for any reason whatsoever.
OEPI reserves the right to terminate Services if End User’s usage of the Services results in, or is the subject of, legal action or threatened legal action, against OEPI or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. OEPI may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.
Except as set forth below, OEPI may also cancel End User’s use of the Services, after thirty (30) days, if End User is using the Services in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which End User conducts business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and pornography of any kind; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm minors in any way. Notwithstanding the foregoing, OEPI cannot ensure the prompt removal of morally objectionable or questionable content. Accordingly, neither OEPI, nor its affiliates, nor any of their officers, directors, employees or agents shall assume liability for any action or inaction with respect to conduct, communication or content on any Web site. Notwithstanding anything to the contrary herein, in the event OEPI cancels End User’s Services during the first thirty (30) days after End User purchases the Services, End User will receive a refund of any fees paid to OEPI in connection with the Services being canceled. In the event OEPI deletes End User’s Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. End User agrees End User will not be entitled to a refund of any fees paid to OEPI if, for any reason, OEPI takes corrective action with respect to End User’s improper or illegal use of its Services.
6. NO SPAM; LIQUIDATED DAMAGES.
End User agrees OEPI may immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then End User agrees to pay OEPI liquidated damages of $1 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with End User’s account, otherwise End User agrees to pay OEPI’s actual damages. End User acknowledges reading and understanding and agreeing to be bound by the terms and conditions of OEPI’s Anti-spam Policy, available here. Such terms and conditions are applicable to the use of all OEPI Software and Services and are incorporated herein.
7. INTELLECTUAL PROPERTY.
End User agrees that OEPI or its licensor holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. End User acknowledges that no title or interest in such Intellectual Property Rights is being transferred to End User and End User agrees to make no claim of interest in any such Services or Software.
End User understands and agrees that all content and materials contained in this Agreement, other policies, the OEPI Web site, and any affiliated Web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that OEPI or its licensor expressly reserves its rights in and to all such content and materials. End User further understands and agrees that End User is prohibited from using, in any manner whatsoever (including but not limited to reproducing, reverse engineering, decompiling, disassembling or modifying), any of the content or materials described above without the express written permission of OEPI or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to End User or conferred upon End User by this Agreement or otherwise.
8. USE OF OEPI SOFTWARE.
If End User has licensed software from OEPI, OEPI grants End User a limited, non-exclusive, nontransferable and non-assignable license to use the Software for such purposes as are ordinary and customary. End User is free to use the Software on any computer, but not on two or more computers at one time.
End User agrees to not alter or modify the Software. End User agrees End User is not authorized to combine the Software with any other software program, create derivative works based upon the Software, nor is End User authorized to integrate any plug-in or enhancement which uses or relies upon the Software. End User further agrees not to reverse engineer, decompile or otherwise attempt to uncover the source code.
OEPI reserves all rights to the Software. The Software and any copies End User is authorized to make are the intellectual property of OEPI. The source code and its organization are the exclusive property of OEPI and the Software is protected by copyright, including United States Copyright Law. Except as expressly provided for in this section, this Agreement does not grant End User any rights in the Software and all rights are reserved by OEPI.
OEPI provides this Software “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
9. FEES AND PAYMENT.
As consideration for the Software or Services purchased by End User and provided to End User by OEPI, End User agrees to pay OEPI at the time End User orders such Software or Services. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if End User’s Services are suspended, terminated, or transferred prior to the end of the Services term. OEPI expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by End User by providing a valid credit card, PayPal account or other acceptable method as may be authorized by OEPI from time to time
If End User signed up for a monthly payment plan, End User’s monthly billing date will be determined based on the day of the month End User purchase the Services unless that date falls after the 28th of the month in which case End Users billing date will be the 28th of each month. If End User signed up for an annual (or longer) payment plan, and End User elected the automatic renewal option, OEPI will automatically renew End User’s Services when they come up for renewal and will take payment from the Payment Method End User has on file with OEPI, at OEPI’s then current rates.
If for any reason OEPI is unable to charge End User’s Payment Method for the full amount owed OEPI for the Services provided, or if OEPI is charged a penalty for any fee it previously charged to End User’s Payment Method, End User agrees that OEPI may pursue all available remedies in order to obtain payment. If End User pays by credit card and if for any reason OEPI is unable to charge End User’s credit card with the full amount of the Services provided, or if OEPI is charged back for any fee it previously charged to the credit card End User provided, End User agrees that OEPI may pursue all available remedies in order to obtain payment. End User agrees that among the remedies OEPI may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to End User of any domain names or Services registered or renewed on End User’s behalf. OEPI reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to End User. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties End User has elected to use as payment methods, including PayPal and others, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for End User. End User may change End User’s Payment Method at any time by logging into End User’s Account Manager.
End User agrees that End User is solely liable for arranging that End User’s Services are renewed, and that OEPI shall not be liable to End User or any third party if it is unable to charge End User’s Payment Method in order to renew End User’s Services.
A. Pay by PayPal
By using OEPI’s pay by PayPal, Inc. (“PayPal”) option (“Pay by PayPal”), End User can purchase OEPI Software and Services using PayPal. In consideration for the Software and Services purchased by End User and provided to End User by OEPI, End User agrees to allow PayPal to debit the full amount of this transaction from End User’s PayPal account balance or the Preferred Funding Source End User established with PayPal, which is non-refundable.
It is End User’s responsibility to keep End User’s PayPal Account current, and to have available funds in it. End User agrees that PayPal and OEPI will not be responsible for payments that fail to go through as a result of End User’s Funding Source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, End User agrees that PayPal and OEPI may pursue all available remedies in order to obtain payment. End User agrees that if the transaction is returned unpaid, End User will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from End User’s account by PayPal or charged to End User’s Preferred Funding Source.
By clicking the box labeled “I agree” to the terms of the Pay by PayPal terms, End User authorizes the information provided to be used for the creation of an electronic funds transfer (EFT), and End User authorizes a debit of THE FULL AMOUNT of End User’s order from End User’s PayPal Account or Preferred Funding Source.
10. REPRESENTATIONS AND WARRANTIES.
End User, or the individuals who electronically execute this Agreement on behalf of End User hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. End User represents and warrants that End User is 18 years of age or older, or that End User has an agent authorized by law to represent End User who is 18 years of age or older who is entering into this Agreement on End User’s behalf. End User warrants that each action End User makes is being done so in good faith and that End User has no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party’s trademark or trade name.
OEPI expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of OEPI, as well as its affiliates, subsidiaries, officers, directors and employees. OEPI also reserves the right to freeze a domain name during resolution of a dispute.
11. LIMITATION OF LIABILITY.
IN NO EVENT SHALL OEPI BE LIABLE TO END USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES END USER’S INABILITY TO USE THE SOFTWARE OR SERVICES, END USER’S LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF OEPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, OEPI’s liability is limited to the full extent permitted by law. End User agrees that in no event shall OEPI’s maximum aggregate liability exceed the total amount paid by End User for the particular Software or Service in dispute purchased from OEPI.
12. DISCLAIMER OF WARRANTIES.
OEPI expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an “As Is” and “As Available” basis. OEPI makes no warranty that its services will meet End User’s requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. OEPI does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.
Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to End User.
13. INDEMNIFICATION.
End User agrees to defend, indemnify and hold harmless OEPI and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys’ fees, resulting from any third party claim, action, proceeding or demand related to End User’s (including End User’s agents affiliates, or anyone using End User’s account, software or services with OEPI whether or not on End User’s behalf, and whether or not with End User’s permission) use of the Software or Services End User purchased from OEPI or End User’s breach of this Agreement or incorporated agreements and policies. In addition, End User agrees to indemnify and hold OEPI harmless from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by End User, or any allegation that End User’s account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets. This indemnification is in addition to any indemnification required of End User elsewhere. Should OEPI be notified of a pending law suit, or receive notice of the filing of a law suit, OEPI may seek a written confirmation from End User concerning End User’s obligation to indemnify OEPI. End User’s failure to provide such a confirmation may be considered a breach of this agreement. End User agrees that OEPI shall have the right to participate in the defense of any such claim through counsel of its own choosing. End User agrees to notify OEPI of any such claim promptly in writing and to allow OEPI to control the proceedings. End User agrees to cooperate fully with OEPI during such proceedings.
End User agrees to cooperate fully with OEPI during such proceedings. End User agrees End User will not be entitled to a refund of any fees paid to OEPI if, for any reason, OEPI takes corrective action with respect to End User’s improper or illegal use of its services.
14. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
This agreement shall be deemed entered into in the State of Delaware. Except for disputes concerning the user of a domain name registered with OEPI, End User agrees that the laws and judicial decisions of the State of Delaware shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. End User agrees that any action relating to or arising out of this Agreement shall be brought in the courts of Palm Beach County, Florida.
End User agrees to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.15. NOTICES.
End User agrees that all notices (except for notices concerning breach of this Agreement) from OEPI to End User may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address End User has on file with OEPI. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
Notices from End User to OEPI shall be made either by email, sent to the address provided on the OEPI Web site, or first class mail to OEPI’s address at:
OEPI, Attn: Legal Counsel, PO Box 2381, Palm City, FL 34991
16. HEADINGS.
The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.
17. ENTIRE AGREEMENT.
End User agrees that this Agreement including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement between End User and OEPI regarding the Services contemplated herein.
18. SEVERABILITY.
End User agrees that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
19. WAIVER.
The failure of OEPI to enforce any of the provisions within this Agreement or its incorporated agreements and policies against End User or others shall not be construed to be a waiver of the right of OEPI thereafter to enforce such provisions.
20. FORCE MAJEURE.
OEPI will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. End User agrees not to hold OEPI liable for any of the consequences of such interruptions.
21. SURVIVAL.
Sections 1, 7, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 shall survive any termination or cancellation of this Agreement.
22. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.
23. EXPORT CONTROL.
The Software and other materials related to the Services may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No Software may be downloaded or exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria or any other country to which the United States has embargoed goods; or anyone in the United States Treasury Department’s list of Specially Designated Nationals or to the U.S. Commerce Department’s Table of Deny Order. OEPI does not authorize the downloading or exportation of any software or technical data related to the Software or Services to any jurisdiction prohibited by the United States Export Laws.
B. SOFTWARE AND SERVICES SPECIFIC AGREEMENTS
If End User purchases Services from OEPI, the following Software and Services specific agreements shall apply and are incorporated within this Agreement in addition to Sections 1-21:
Domain Names
Back Ordering and Monitoring Agreement
Change of Registrant Agreement
ConsoliDate
Domain Name Proxy ® Agreement
Domain Registration Agreement
Parked Page Service Agreement
Transfer Agreement
Email Services User Agreement
WebMail End User License Agreement
Web Site Hosting
Dedicated Hosting Agreement
Hosting and Virtual Service Agreement
Web Site Creation
One Page Web Site
Other Software and Services
Domain Alert Deep Monitor User License Agreement
Express Email Marketing™ End User License Agreement
Fax Thru Email End User License Agreement
News-Blazer™ End User License Agreement
Online Copyright Registration End User Agreement
Online File Folder End User License Agreement
Quick Shopping Cart™ End User License Agreement
Traffic Blazer® End User License Agreement
Traffic Facts Service Agreement
Online Group Calendar End User License Agreement
Business WhoIs Listing End User License Agreement
Quick Blog End User License Agreement
Policies
Anti-Spam Policy
Civil Subpoena Policy
ICANN Transfer Dispute Resolution Policy
Privacy Policy
Trademark and/or Copyright Infringement Policy
Uniform Domain Name Dispute Policy (“UDNRP”)
Permissions Policy
Criminal Subpoena Policy
Revised: 10/1/2006
Copyright © 2008 All Rights Reserved.invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm minors in any way. Notwithstanding the foregoing, OEPI cannot ensure the prompt removal of morally objectionable or questionable content. Accordingly, neither OEPI, nor its affiliates, nor any of their officers, directors, employees or agents shall assume liability for any action or inaction with respect to conduct, communication or content on any Web site. Notwithstanding anything to the contrary herein, in the event OEPI cancels End User’s Services during the first thirty (30) days after End User purchases the Services, End User will receive a refund of any fees paid to OEPI in connection with the Services being canceled. In the event OEPI deletes End User’s Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. End User agrees End User will not be entitled to a refund of any fees paid to OEPI if, for any reason, OEPI takes corrective action with respect to End User’s improper or illegal use of its Services.