Sign-Up Agreement: In order to lease Products from Webmaster Central, Inc., you (hereinafter “Customer”) agree to be bound by the following Terms of Service. Your application will be processed when click the “Submit Order” button and you indicate your acceptance of these Terms of Service.
Restricted Access: Upon entering into this Agreement, the Customer understands and acknowledges that the Products being offered by Webmaster Central, Inc. are adult-oriented and contain sexually explicit materials intended for consenting adults in locations where the materials do not violate any community standards or any federal, state or local laws or regulations. Access to Webmaster Central, Inc. Products is restricted to adults over the age of 18. Access to minors is strictly prohibited.
Participation Requirements: In order to lease Products from Webmaster Central, Inc., Customers must:
(a) Have a “subscription” Internet site, which requires a credit card for age verification and a user name and password for consumers to become subscribers and enter the site. Note: This requirement applies to all Products, including any FREE materials.
(b) Provide Webmaster Central, Inc. with a valid user name and password for Customer’s subscription site permitting Webmaster Central, Inc. access to inspect the feed(s) as long as the Products appear on Customer’s Site. If Customer does not provide Webmaster Central, Inc. with this information in a timely manner, Customer will not be activated and/or participation in the program shall be terminated.
(c) Follow Webmaster Central, Inc.s linking, text and banner placement requirements. Specifically, Customer may not may not alter or modify any designs or artwork Webmaster Central, Inc. provides to Customer. A breach of this provision shall be cause for immediate termination of Customer’s participation in the program.
Webmaster Central, Inc. Responsibilities: Webmaster Central, Inc. shall be responsible for feeding adult entertainment programming (Products) to Customer’s Site.
Cost of Products: Except as otherwise indicated below, a monthly fee shall be charged for each Webmaster Central, Inc. Product ordered by Customer, prorated for the first month, if necessary, and thereafter due and payable at the beginning of each billing cycle. The Product fees apply to multiple sites (multiple unique URL). The Customer is encouraged to include the services only on those sites they own and operate, but each site shall be subject to excessive bandwidth fees, (e.g., if the Customer places the services on three separate sites). Customer will be responsible for excessive bandwidth fees applied to each Product on multiple sites. If Webmaster Central, Inc. does not receive payment for any individual product by the 5th day of each new billing cycle, the service feed(s) to the Products shall be automatically disconnected
***Monthly costs to Webmaster Central, Inc. Customers are subject to rate increases contingent upon additional bandwidth usage. Any Customer subject to a rate increase will be notified in advance by Webmaster Central, Inc..
Services Placement: Customer understands and acknowledges that the Products are to be placed in the Membership and/or Subscription area of Customer’s Site. Customer may not make the services available to any “free” areas of the Site. In addition, Customer shall not permit any other sites to link to the Products.
Limited License: Subject to the Terms of Service set forth herein, Webmaster Central, Inc. grants to Customer a limited, non-exclusive and non-transferable license to use graphic files, video files, hyperlinks, audio files (if applicable), and other software (“Software”) associated with the Products during the time in which you are an active Customer. If Webmaster Central, Inc. makes downloadable copies of the Software available, Customer may make a single copy of the Software for archival purposes only, provided the copy contains all the original proprietary notices. Customer may not (a) permit other individuals to use the Software; (b) modify, translate, reverse engineer, decompile, disassemble the Software; (c) make derivative works based on the Software; (c) rent, lease or transfer any rights in the Software; (e) remove any proprietary notices, or (f) make any other use of the Software not expressly authorized by this Agreement.
Customer Termination: Webmaster Central, Inc. reserves the right to terminate Customer accounts at any time, with or without cause. Delivery of notice via e-mail shall be considered sufficient notice of termination to Customer.
Indemnification: Customer agrees to indemnify and hold harmless Webmaster Central, Inc., its officers, directors, employees, agents, successors and assigns from and against any claims arising from a breach of Customer’s representations, warranties or promises herein made, including, without limitation, any loss, damage, liability (including reasonable attorneys’ fees and costs) resulting from the use of any Webmaster Central, Inc. materials in a manner not expressly authorized by this Agreement. Customer further agrees to indemnify and hold harmless Webmaster Central, Inc., its officers, directors, employees, agents successors and assigns from and against any claims arising from or in connection with any other materials Customer places on the site.
Representations and Warranties:
(a) Customer warrants and represents that it owns or operates a lawful, and otherwise valid Internet Web site; Customer is an adult at least eighteen years of age and has the requisite power and authority to enter into this Agreement and perform the obligations set forth herein; Customer’s performance as set forth in this Agreement does not and will not constitute a breach of any existing contract or obligation undertaken by Customer; there are no outstanding orders, judgments, decrees, rules or regulations which would preclude Customer from entering into this Agreement.
(b) Webmaster Central, Inc. warrants and represents that it owns, controls or otherwise has the rights to the Products described herein and has the requisite power and authority to enter into this Agreement and perform the obligations set forth herein; there are no outstanding orders, judgments, decrees, rules or regulations which would preclude Webmaster Central, Inc. from entering into this Agreement.
Model Age Verification: All models and performers are 18 years of age or older. The records required by Section 2257 of Title 18, United States Code, with respect to these Products are kept by the custodian of records.
Miscellaneous Terms:
(a) Except for public domain materials, all Products provided by Webmaster Central, Inc. are protected by federal copyright and may not be copied, redistributed, or downloaded, in whole or in part, without the prior written consent of Webmaster Central, Inc.. Webmaster Central, Inc. and other trade names are the trademarks of their respective owner(s) and may not be exploited without the express written permission of said owner(s).
(b) Webmaster Central, Inc. reserves the right to limit the bandwidth and duration of the delivery of the Products at its own discretion.
(c) Under no circumstances and under no cause of action or legal theory shall Webmaster Central, Inc., its officers, directors, employees, agents or assigns, be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind, including, without limitation, damages for loss of goodwill, computer failure or down-time or any other commercial damages resulting from any use of the Software or Products.
Governing Law: This Agreement shall be governed and construed pursuant to the laws of the state of Florida. Any dispute arising hereunder shall be resolved by binding arbitration before one (1) arbitrator in Tampa, Florida in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the AAA). The AAA shall select the arbitrator.
Acceptance and Execution of Agreement: Your acceptance of the Terms of Service (by clicking “Submit Order” on the sign up form) and the subsequent transmission of the Sign Up form means that Customer agrees to be bound by the Terms of Service set forth in this Agreement and Webmaster Central, Inc. agrees to become a counter-party to the Agreement. The date of execution shall be the date on which Webmaster Central, Inc. receives the Sign Up form.