SitesOfOurOwn.com - Terms Of Use & Membership Agreement

February 28, 2005

SitesOfOurOwn Member Agreement

1. This is a legal agreement between the "member" and SitesOfOurOwn, a division of Idlewild Incorporated.  If you do not agree to all the terms and conditions of this agreement, do not purchase or use this service.    Member and SitesOfOurOwn agree that this entire agreement can be agreed to electronically and written signatures are not needed.

2. The term "member" refers to you the user and any company, organization, or family you are representing.

3. SitesOfOurOwn reserves the right to augment, enhance, or modify our service at any time without prior notification.

4. It may be necessary to revise this contract at times.  If you, the member, do not agree to contractual changes, or do not adhere to the terms of this agreement, SitesOfOurOwn reserves the right to cancel and/or suspend your service.

5. Member shall not use our service for any unlawful purposes.  Nor shall member use our service for anything this agreement prohibits.

6. Member is prohibited from doing anything that will adversely affect the SitesOfOurOwn service and/or systems, either intentionally or by accident.

7. Member is prohibited from attempting to enter any SitesOfOurOwn password protected areas and/or any non-public areas of our service.

8. Member is prohibited from attempting to gain unauthorized access to or information of any kind from other member sites.

9. SitesOfOurOwn will automatically renew member service at the end of each subscription unless member notifies SitesOfOurOwn of service termination at least 30 days prior to end of subscription.  Service renewals will be for 1 full year at then-current prices for the site.  Renewal package price will be based on package size at final day of ending subscription.

10. SitesOfOurOwn will archive member data for 30 days following subscription termination.  Once service is terminated there will be a $50.00 fee to reactivate service in the first 30 days, Member agrees that all data and site information will be lost 30 days after subscription is terminated.

11. Members will register for a SitesOfOurOwn URL, which is theirs to use for the duration of that URL subscription.  Once the subscription and service are terminated, the URL reverts back to SitesOfOurOwn.  At no time does the member own their URL.

12. SitesOfOurOwn reserves the right to, but is under no obligation to monitor member sites.  Because of this, SitesOfOurOwn is not responsible for the accuracy and appropriateness of member sites.  SitesOfOurOwn reserves the right to terminate service and/or remove and withhold any information held on its server at any time.

13. Member acknowledges that member caution must be used in posting and identifying any personal or confidential information on member website.

14. Member controls site password function on member site and while SitesOfOurOwn will work to provide a secure environment for member sites, any breaches of this security for any reason are not the responsibility of SitesOfOurOwn.  No data transmission over the internet can be guaranteed to be 100% secure.  In the event of any security breaches, SitesOfOurOwn will work with member to try to make necessary adjustments to secure the site in a timely manner.

15. Member is completely responsible for all content, photos, and information on their site.  Member is responsible for adhering to any copyright laws and/or laws of any kind pertaining to the content of their site.

16. SitesOfOurOwn reserves the right to disclose any member site information and content to law enforcement authorities.

17. Member agrees to conduct all business on a SitesOfOurOwn website ethically, responsibly, and legally.  Accordingly, member will not knowingly transmit any viruses or code capable of interrupting computer service.  Member will not impersonate another person or company falsely.  Member will not upload or post any information or images they are not authorized to use and share.  Members will not transmit unauthorized messages of any kind, or "spam". Member will not sell or link to any sites selling goods and services illegally.  Member will not post any third party images without their consent or the consent of a parent in the case of a minor.

18. SitesOfOurOwn is not responsible for transactions of any kind between member and a third party.  Member releases SitesOfOurOwn from all claims, damages, and demands from any third parties.

19. Member is completely responsible for member computer and releases SitesOfOurOwn from any claims, damages, and demands on member computers and equipment.  Member is completely responsible for all image uploads and agrees that SitesOfOurOwn is not responsible for any damage occurring due to uploads.

20. SitesOfOurOwn offers no warranty to member.  SitesOfOurOwn will work to minimize service interruptions and to ensure a high quality service to our members but offers no warranty or refund of any kind.

21. This agreement covers both SitesOfOurOwn and all of its suppliers.

22. Member agrees not to resell SitesOfOurOwn service and website to any third party without prior consent from SitesOfOurOwn.

23. Member agrees not to attempt to replicate or copy any portion of SitesOfOurOwn software, code, templates, or service.

24. Member agrees to settle through arbitration in Oakland County Michigan any disputes that arise between Member and SitesOfOurOwn.  Member also agrees that any claim must be made within 1 year of occurrence in question or all claims are barred forever.

25. Member acknowledges that the terms of this agreement survive beyond termination of service or subscription and continue indefinitely.

26. SitesOfOurOwn reserves the right to display SitesOfOurOwn logo and links on any portion of Member site.

27. Terms of this agreement extend to all URL's using SitesOfOurOwn service and software and are not confined to a "sitesofourown.com: URL.  Terms of this agreement extend to third party URLs provided by SitesOfOurOwn suppliers.

28. SitesOfOurOwn reserves the right to change, halt, or discontinue any part of its service without notification or member authorization.  Member agrees that SitesOfOurOwn is not liable for any damages occurring from such a change.  If at any time Member cannot accept such changes, then Members sole remedy is to cancel service with SitesOfOurOwn.

29. In the event that Member wishes to terminate service, Member must complete the SitesOfOurOwn termination form (found at www.sitesofourown.com) and receive an email conformation number for the cancellation.  No pre-paid fees will be refunded and certain cancellation fees may apply.

30. In the event that SitesOfOurOwn wishes to terminate Member account, due to breech of any portion of this agreement then Member forfeits all pre-paid fees and receives no refund.

31. In the event that SitesOfOurOwn agrees to a Member credit, SitesOfOurOwn reserves the right to apply that credit to future business with Member rather than reimbursing the Member.

32. Member agrees to maintain an updated and accurate member profile at SitesOfOurOwn at all times.  This includes accurate and current credit card information and email address.  Member acknowledges this member profile is SitesOfOurOwn's primary means of maintaining customer contact.

33. SitesOfOurOwn has chosen a third party service to handle customer transactions for our service.  Member agrees that SitesOfOurOwn is not responsible for any disputes or claims arising from the transactions between third parties, such as between PayPal and the Member.

34. SitesOfOurOwn has selected a third party company to manage its servers for SitesOfOurOwn websites.  While SitesOfOurOwn will work with this third party to provide reliable service, Member agrees that SitesOfOurOwn is not responsible for any problems arising from such third party companies as the one hosting our server.

35. If any provision of this agreement is deemed invalid the balance of the agreement remains in tact and valid.