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End user license agreement
360 Web Edit
End user license agreement


This 360 Web Edit End User License Agreement ("Agreement") is by and between 360 Web Edit ("360 Web Edit"), a/an individual, and you, your heirs, assigns, agents and contractors ("You") and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of 360 Web Edit `s 360 Web Edit Service ("360 Web Edit") and represents the entire Agreement between You and 360 Web Edit. By using 360 Web Edit `s 360 Web Edit, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which 360 Web Edit may establish from time to time. Such Agreements may be found here.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with 360 Web Edit, whether or not the transactions were in Your behalf. You acknowledge that 360 Web Edit `s acceptance of any application made by You for services provided by 360 Web Edit will take place at 360 Web Edit `s offices located in Asheville, NC, USA.

1. application and service details

The Application

360 Web Edit grants You a non-exclusive license to use 360 Web Edit for the purpose of designing and publishing web sites for use on the Internet, and other such web site design purposes as are ordinary and customary. You are free to use 360 Web Edit on any computer, but the same project may not be modified on more than one computer at one time. You may customize or modify the appearance of 360 Web Edit as provided and allowed by the instructions. You may not otherwise alter or modify the Application. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. You are not authorized to combine 360 Web Edit with any other software program or application, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon 360 Web Edit other than those provided with the Application.

The Online Wizards

Forms, Flash animations, and Plug-ins produced by the online wizards are licensed for the exclusive use of the original purchaser on one Website. You are free to modify these in any way as long as You use them on one web site only. Paying for a single form and using it on multiple web sites is NOT authorized.

Application Particulars

360 Web Edit is an online web site preparation tool which is designed to assist You in designing and publishing web sites for use on the Internet. Using 360 Web Edit will give You the ability to personalize, customize and design Your web site to suit Your individual needs. Among other things, You will be able to:

1. Select from more than 100 pre-designed layouts which can be customized with a variety of images and color schemes;
2. Engage in Internet sales and marketing by advertising Your business on the Internet;
3. Share Your information with others by listing information;
4. Design and customize Your website by adding text, images, pre-designed page layouts and plug-ins; and
5. Display photos of Your choice.
6. Create secure web sites by placing our secure certificates on your web site (at an additional cost), and Upload files to your web site and make them available for download. These may include documents, video, images, and audio files.

You agree that performance of Your web site may begin to slow at varying number of pages depending on potential physical and practical constraints, including (but not limited to): system architecture, system capacity, system load, end-user internet connectivity and end-user computer configurations. You agree that 360 Web Edit has no control over potential physical and practical constraints You may experience at an uncertain number of pages on Your web site.

Web Site Hosting Services

You are responsible for ensuring that your web site conforms to all local, state, federal, and international laws. Further, you are responsible for securing permission to use any copyrighted, trademarked or otherwise legally protected images, text, or other web site elements that are not provided by 360 Web Edit. You affirmatively acknowledge that 360 Web Edit is relying on Your representation concerning Your proper use of all content on any web site You create or control. You are responsible for obtaining your own web hosting and ensuring web hosting services do not expire. You may use 360 Web Edit with any web server allowing FTP access. 360 Web Edit offers web hosting at additional costs..

The Limitations

360 Web Edit is not intended to assist You in engaging in unlawful or morally objectionable activities. Therefore, 360 Web Edit explicitly reserves the right to terminate Your license if it comes to 360 Web Edit `s attention that You are using 360 Web Edit to participate in objectionable activities, which include, but are not limited to, the following: sending unsolicited email or spam; 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 You live or access the Internet; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; 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; or activities designed to harm minors in any way. 360 Web Edit does not process refunds for early cancelation of service, service is paid in 6 month increments. Any cancelation will be processed at the end of contracted time with 360 Web Edit.

2. 360 Web Edits rights

360 Web Edit retains all rights to the Application, web site templates, forms, and documentation. You are entitled to use this Application, the web templates, forms and documentation to build web sites and post them to the Internet. 360 Web Edit and any copies You are authorized to make are the intellectual property of 360 Web Edit. The source code and its organization are the exclusive property of 360 Web Edit and 360 Web Edit is protected by copyright, including United States Copyright Law. Except as expressly stated in Section 1 above, this Agreement does not grant You any rights in 360 Web Edit and all rights are reserved by 360 Web Edit.

360 Web Edit expressly reserves the right to:

1. Modify pricing through email notification.
2. Terminate Your license for unsolicited, commercial email or SPAM; illegal access to other computer networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that 360 Web Edit determines to be harmful to subscribers, operations, its reputation, or otherwise.
3. Terminate Your license if Your use of 360 Web Edit results in, or is the subject of, legal action or threatened legal action against 360 Web Edit or any of its affiliates or partners, regardless of whether or not such legal action or threatened legal action is eventually determined to be with or without merit. The decision to terminate Your license shall be made solely by 360 Web Edit, and in so doing, 360 Web Edit shall not be required to consider the merits of legal action or whether threatened legal action will actually come to pass.


3. liability & indemnification

360 Web Edit provides 360 Web Edit "as is" and without warranty or guarantee 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. In no event shall 360 Web Edit be liable for any loss of profits, loss of business, loss of data, unsecured transactions, interruption of business, or for indirect, special, or consequential damages of any kind, even if 360 Web Edit has been advised of the possibility of such damages arising from any defect or error in the Application.

You shall indemnify, defend by counsel reasonably acceptable to 360 Web Edit, protect and hold 360 Web Edit harmless from and against any and all claims, liabilities, losses, costs, damages, expense, including consultants` and attorneys` fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to Your use of 360 Web Edit.

4. severability
You agree 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.

5. venue; waiver of trial by jury

This agreement shall be deemed entered into the state of North Caroline. the laws and judicial decisions of Buncombe county, North Carolina, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Buncombe county, North Carolina.

You agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this agreement.

6. notices
You agree that all notices (except for notices concerning breach of this Agreement) from 360 Web Edit to You may be posted on our web site. Notices concerning breach will be sent to You at either the postal address or email address You have on file with 360 Web Edit. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to 360 Web Edit shall be made by first class mail to the address below:

360 Asheville LLC
89 Unadilla Ave
Asheville, NC 28803