BlueBox Terms and Conditions

Welcome to BlueBox, a service of Blue World Media Ltd. ("Blue World Media Ltd."). The BlueBox software and services allow you to set up an online Site on the World Wide Web and maintain the Site's web pages. The BlueBox Services (as further defined below) are provided to you by Blue World Media Ltd. ("Blue World Media Ltd.") and may offer you the ability to use and subscribe for services provided by other parties. This agreement, along with any amendment and related rules and policies (collectively, the "Agreement") sets forth the terms and conditions on which the Services and related software are provided to you by Blue World Media Ltd.. If you purchase additional goods or services from third parties, a separate agreement applies and you should make sure to review it. As used in this Agreement, "You" or "Your" refers to you, an individual, sole proprietor, business or nonprofit organization subscribing to the Services. "Blue World Media Ltd.", "we" or "us" refers to Blue World Media Ltd. and all of its parent, subsidiaries, divisions, affiliates, and related companies. Blue World Media Ltd. reserves the right, in its sole discretion, to change, modify, add or remove all or part of the Agreement at any time, subject to notice as provided for herein.

BY REQUESTING BLUEBOX SERVICES YOU AGREE TO BE BOUND BY THIS AGREEMENT.

1. ELECTRONIC TRANSACTIONS

Communications and transactions relating to the Services are conducted electronically. We may provide all communications, disclosures, and notices electronically including, without limitation, in text on a web page or via email to any email address you may provide. If you do not wish to deal with us electronically, please do not use the Services.

All electronic records are deemed sent when properly addressed and when they enter an information processing system outside the control of the sender. All electronic records are deemed received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records of the type sent, in a form capable of being retrieved from that system.

2. DESCRIPTION OF SERVICE

The Services currently permit individuals and small business owners to maintain an interactive web site, online Site or business presence (each a "Site") on the Internet via customized web pages. Blue World Media Ltd. maintains its own web site building software and hosting services to provide you with these Services. However, Blue World Media Ltd. reserves the right to switch to alternative providers, assign your Account and this agreement, in whole or in part, to others at its discretion with notice to you. A subscription to the Services covers the hosting of interactive online Sites (each a "Site") on the World Wide Web portion of the Internet in the form of interactive web pages and access to software (the "Software") to facilitate the creation and maintenance of the Sites (the "Services"). Upon completion of the registration process and receipt of payment of any applicable fee, we will establish a password-protected account (the "Account") through which you may access and use the Services. Unless explicitly stated in any offer from Blue World Media Ltd. to amend this Agreement, any new features that augment or enhance the current Services, including the release of new features and services, are subject to this Agreement.

3. PROTECT YOUR PASSWORD: YOU AUTHORIZE ALL USES MADE OF IT

You are responsible for maintaining the confidentiality of the password that you choose to access and use the Services and your Account. Subject to applicable law, you agree to be liable for all uses of your Account and your Site, whether or not actually authorised by you, including but not limited to access to your Account information through the "Content Management System (CMS)" feature. This means that you should not supply your password to anyone who is not authorised to take actions for you.

4. PROPRIETARY RIGHTS; LICENSE TO USE SERVICES AND SOFTWARE

During the term of this Agreement, Blue World Media Ltd. hereby grants you a non-exclusive, non-transferable license to use the Software in object code form only on a server controlled by Blue World Media Ltd. for the sole purpose of creating and maintaining Sites on such server. You are not being granted any right to copy the Software or to use it on computers other than a server controlled by Blue World Media Ltd.. You acknowledge and agree that the Software is intended for access and use by means of web browsing software, and that Blue World Media Ltd. does not commit to support any particular browsing platform. Blue World Media Ltd. reserves the right at any time to revise and modify the Software without notice. If any revision or modification to the Software has a material negative effect on your ability to use your Site, your sole remedy is to terminate your Account as permitted under your service plan.

During the term of this Agreement, Blue World Media Ltd. hereby grants you a non-exclusive, non-transferable, personal license to access and use your Account and the Services by means of the Blue World Media Ltd. Web Site solely as necessary to create and manage personalized web pages used in connection with the operation of a licensed business. Except for the licenses in this Section 4, Blue World Media Ltd. retains all right, title, and interest in and to the Services and the Blue World Media Ltd. Web Site. Subject to applicable law, Blue World Media Ltd. reserves the right to suspend or deny, at its sole discretion, your access to all or any portion of the Blue World Media Ltd. Web Site, including your Account with or without notice. You may not access or use the Blue World Media Ltd. Web Site or any portion of the Blue World Media Ltd. Web Site if such access would violate any law. The Blue World Media Ltd. Web Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws under both United States and foreign laws. All rights not expressly granted herein are reserved to Blue World Media Ltd. and its licensors.

You agree that by using the Service, you grant Blue World Media Ltd., and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license under your copyrights and other intellectual property rights, if any, in all material and content displayed in your Site to use, distribute, display, reproduce, and create derivative works from such material in any and all media and display in any manner and on any Blue World Media Ltd. property. You also grant Blue World Media Ltd. the right to maintain such content on Blue World Media Ltd.'s servers (or the servers of its suppliers) during the term of this Agreement and to authorise the downloading and printing of such material, or any portion thereof, by end users for their personal use. You shall not attempt to gain unauthorised access to any servers controlled by Blue World Media Ltd..

5. PRIVACY AND UNIVERSAL TERMS OF SERVICE

The Blue World Media Ltd. Acceptable Use Policy, Privacy Policy and Terms and Conditions which apply universally to users of the Blue World Media Ltd. Web Site are a part of this Agreement and its terms are incorporated by this reference. These policies and term explain how certain information about you may be used and the terms on which you are permitted to use and access the Blue World Media Ltd. Website.

In addition, you specifically acknowledge and agree to the following terms and conditions regarding the treatment of information regarding you and your Sites which is collected as a result of your use of your Account and the Services:

We maintain information about you and the Site on our servers or the servers of a third party supplier, including but not limited to your account registration information, customer order information, sales information, and other data (collectively "Site Data"). You grant Blue World Media Ltd. a non-exclusive, worldwide, royalty-free, perpetual license to use the Site Data in aggregate form for research, marketing and promotional purposes. You agree that we may disclose Site Data in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process; (c) to enforce this Agreement, or the Terms of Service; (d) to respond to claims that you or your Site is engaged in activities that violate the rights of third parties; or (e) to protect the rights or interests of Blue World Media Ltd. or others; provided, however, that nothing in this section shall impose a duty on Blue World Media Ltd. to make any such disclosures. You agree that we may delete customer credit card information from the servers 14 days after you retrieve such information, and may delete all other Site Data from our servers at the end of each calendar year, at our discretion. You acknowledge and agree that technical processing of Site Data by us and our suppliers is and may be required: (a) for the Services to function; (b) to conform to the technical requirements of connecting networks; (c) to conform to the technical requirements of the Service; or (d) to conform to other, similar technical requirements. You acknowledge and agree that we may access your account and its contents as necessary to identify or resolve technical problems or respond to complaints about the Service.

6. YOUR OBLIGATIONS

You understand that all goods, services, information, data, text, files, software, music, sound, photographs, graphics, video, messages or other material displayed or offered by you through your Account and your Site, are your sole responsibility. This means that you, and not Blue World Media Ltd., shall be responsible for all goods and services offered at your Site, all materials used or displayed at the Site, and all acts or omissions that occur at the Site or in connection with your Account or password.

You agree to display your company or individual contact information, including but not limited to your company name, address, telephone number, fax number and e-mail address within your Site. You also agree to ensure that such contact information is true, accurate, and complete at all times.

You agree to comply with any guidelines or policies as may be published by Blue World Media Ltd. concerning the Sites or the Service.

You agree that any and all press releases and other public announcements related to this Agreement or which refer to Blue World Media Ltd. or any parent, subsidiary, affiliate or related company must be approved by Blue World Media Ltd., at our sole discretion, in advance in writing.

You agree to not use your Account, Site or the Services to:

(a) upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, slanderous, vulgar, obscene, libelous, invasive of another's privacy, hateful, embarrassing, or racially, ethnically or otherwise objectionable to any other person or entity as determined by Blue World Media Ltd. in its sole discretion;

(b) impersonate any person or entity, including, but not limited to, an Blue World Media Ltd. staff member, or falsely state or otherwise misrepresent your affiliation with a person or other entity;

(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through your Site;

(d) upload, post or otherwise transmit any content that contains viruses or any other computer code, files or programs which interrupt, destroy, limit the functionality of, or cause damage to any computer software or hardware or telecommunications equipment;

(e) interfere with or disrupt the Blue World Media Ltd. Web Site or the Service, or fail to comply with any requirements, procedures, policies or regulations of networks connected to your Site;

(f) collect or store personal data in violation of any laws governing privacy;

(g) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, or access to the Blue World Media Ltd. Web Site.

Blue World Media Ltd. may (but is not obligated) to remove your content and terminate your Account and this Agreement for any reason, with or without notice to you, including without limitation, your web page or any listings on your web page that do not conform with this Agreement.

7. INDEMNITY

You agree to defend, indemnify and hold harmless Blue World Media Ltd., and each of its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your Site, your content, your use of the Services or your Account, your violation of the this Agreement or any third party's rights. Blue World Media Ltd. reserve the right, at their own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. Blue World Media Ltd. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations. You shall not settle any such claim or liability without the prior written consent of Blue World Media Ltd..

8. TERMINATION

We may terminate this Agreement and your access to your Account and the Services upon thirty (30) days notice without cause. In addition, Blue World Media Ltd. may terminate this Agreement and your access to the Site immediately if you breach this Agreement or if we, in our sole discretion, conclude that you or your Site (a) offers for sale goods or services, or uses or displays materials, that are illegal, obscene, vulgar, offensive, dangerous, or are otherwise inappropriate; (b) has received a significant number of complaints for failing to be reasonably accessible to customers or timely fulfilling customer orders; (c) has become the subject of a government complaint or investigation or civil legal action; or (d) has violated or threatens to violate this Agreement. Any termination under this Section 8 shall take effect immediately and you expressly agree that you shall not have any opportunity to cure. In the event that Blue World Media Ltd. terminates this Agreement without cause and you have prepaid for services, you may request a refund of any undisputed prepaid fees. Upon termination, Blue World Media Ltd. reserves the right to delete from its servers or from the servers of its third party suppliers any and all information contained in your Account, including but not limited to order processing information, mailing lists, and any Web pages generated by the Software.

The provisions of Sections 4, 5, 7, 8, 11-14, 17, 19 and 20 shall survive any termination of the Agreement.

9. LINKS

Blue World Media Ltd. may provide, or third parties may provide, links to other Internet sites or resources. Blue World Media Ltd. is not responsible for and does not endorse the informational content or any products or services available through other Internet sites or resources, and does not make any representations regarding their content or accuracy. We do not control any third party Internet sites and we are not liable for any technological, legal, or other consequences that arise out of your visit or transactions there. Your use of third party Internet sites or services is at your own risk and subject to the terms and conditions of use for such sites. This means that we are not your agent and will not be a party to any agreement that you may enter at third party Internet sites.

10. WEB SITE DESIGN SERVICES

In connection with the Service, you may elect to have Blue World Media Ltd. design and create a Site based on the package type and price selected.

If you elect to purchase such web site design services, then you agree as follows:

(a) the quality of images displayed on your Site will depend on the quality of those that you provided to Blue World Media Ltd.

(b) Blue World Media Ltd. will not guarantee the quality of hard-copy images that must be scanned in order to be included on the Site. Only information that you return to us can be used to build your Site.

(c) Once the development of your Site is finalised you are responsible for all maintenance and changes to it.

(d) Any additional requests for assistance should be directed to supportblueworldmedia.com. Blue World Media Ltd. will return by mail any images and other material you request. Blue World Media Ltd. will not be responsible for any damage to this material.

11. WARRANTIES

You represent and warrant for the benefit of Blue World Media Ltd. and Blue World Media Ltd.'s licensors, suppliers, and affiliates that: (a) you possess the full power and authority under all relevant laws rules and regulations and ability to enter into and make the representations and warranties contained in this Agreement; (b) that you are 18 years old or older; (c) all information that you submit to us is true and accurate; (d) you will keep your registration information current; (e) you will be responsible for all use of your Account even if such use was conducted without your authority or permission; (f) you will not use the Service or your Site for any purpose that is unlawful or prohibited by this Agreement; (g) all content submitted for use on your Site is owned by you and does not infringe or violate the intellectual property or other rights of any third parties; (h) you have the full power and authority to offer and sell the goods and services offered at your Site(s), including but not limited to holding all necessary licenses from all necessary jurisdictions to engage in the advertising and sale of the goods or services offered at the Site; (h) you have a valid business license; and (i) you have the necessary right and authority to provide for credit card payment and delivery of goods or services as specified at your Site. You warrant and agree that you will not engage in any activities that (i) constitute or encourage a violation of any applicable law or regulation, including but not limited to the sale of illegal goods or the violation of export control or obscenity laws; (ii) defame, impersonate or invade the privacy of any third party or entity; (iii) infringe the rights of any third party; and, (iv) result, directly or indirectly, in the transmission of unsolicited commercial email or "spam" "junk mail," "chain letters," "pyramid schemes," or any other form of misleading or deceptive solicitation.

12. DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL INFORMATION ACCESSIBLE ON OR THROUGH THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY KIND. WE MAKE NO EXPRESS WARRANTIES AND DISCLAIM: (A) ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SERVCES OR YOUR SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF THE SERVICE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SERVICES OR YOUR SITE(S). THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SERVICE AND YOUR SITE(S) IS BORN BY YOU.

IN ADDITION, WE DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT IN CONNECTION WITH THE SERVICE AND ANY SOFTWARE OR INFORMATION MADE AVAILABLE ON OR THROUGH IT.

13. LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PERSONAL INJURY, FAILURE TO MEET ANY DUTY INCLUDING ACTS OF GOOD FAITH OR OF REASONABLE CARE, LACK OF NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE AND ANY INFORMATION AVAILABLE ON OR THROUGH IT, THE DELAY OR INABILITY TO USE THE SERVICE OR ANY INFORMATION AVAILABLE THROUGH THE SERVICE, ANY ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SERVICES OR THE SOFTWARE EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF BLUE WORLD MEDIA LTD. AND EVEN IF BLUE WORLD MEDIA LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL BLUE WORLD MEDIA LTD. BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU TO BLUE WORLD MEDIA LTD. FOR USE OF THE SERVICES FOR THE 6 MONTH PERIOD PRIOR TO THE DATE ANY SUCH LIABILITY IS INCURRED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. THIRD PARTY BENEFICIARY

There are currently no assigned third party beneficiaries to this Agreement.

15. EXPORT CONTROLS

You agree to abide by UK and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorisation. You further agree not to upload to your web site(s) hosted by us any data or software that cannot be exported without prior written government authorisation, including, but not limited to, certain types of encryption software.

16. AMENDING THIS AGREEMENT

This Agreement constitutes the entire agreement between you and us concerning the Services and your use of it and it supercedes any prior or contemporaneous communications or displays whether electronic, oral, or written between you and us regarding the Service (including, but not limited to, any prior versions of the Agreement).

17. FEES; PAYMENT

Service Plan Fees: Your use of your Account and the Services is subject to fees and subscription plans that Blue World Media Ltd. sets from time to time. Blue World Media Ltd. reserves the right to change its services or any fees charged for them upon 30 days' notice. If you do not agree to changes in fees, you may terminate your Account. You are responsible to pay Blue World Media Ltd. for all fees, duties, taxes, and assessments arising out of your use of the Services and your Account. Current applicable charges for the services are due in advance of each month for which the services are provided. If any service, other than a basic monthly or annual service plan, is selected by you, payment shall be due in full upon ordering the service. When paying online, only valid credit cards acceptable to Blue World Media Ltd. may be used for orders placed at the site, and all refunds will be credited to the same card. By submitting your order for processing, you authorise us to charge your order (including taxes and any amounts shown to you before submission) to your card. If your card cannot be verified, is invalid, or is not otherwise acceptable, your order will be suspended automatically and we will send you an e-mail notice. You must resolve any problem within the time stated in the email notification or your order will be cancelled without further notice. You will also be liable for all attorney and collection fees arising from Blue World Media Ltd.'s efforts to collect any unpaid balance related to your Account(s).

18. MAINTENANCE AND SUPPORT

You can obtain assistance with technical difficulty by contacting supportblueworldmedia.com. Blue World Media Ltd. reserves the right to establish limitations on the extent of such support, and the hours at which it is available. You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access to and use your Account and the Services and you are responsible for all charges related thereto.

19. GOVERNING LAW; JURISDICTION

The Contract is to be treated as made in England according to English Law and subject to the exclusive jurisdiction of the English Courts.

20. GENERAL INFORMATION

This Agreement does not create any agency, employment, partnership, joint venture, franchise or other similar or special relationship between you and Blue World Media Ltd.. Neither party will have the right or authority to assume or create any obligations or to make any representations, warranties or commitments on behalf of the other party or its affiliates, whether express or implied, or to bind the other party or its affiliates in any respect whatsoever.

21. SERVERABILITY

If one or more of these terms and conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.

22. NOTICE
Any notice required to be given under this Contract shall be deemed received upon personal delivery or three (3) days after mailing if sent by registered or certified mail to the addresses of the parties set forth above, or to such other address as either of the parties shall have provided to the other in writing.

Last amended August 13th 2004