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Terms of Service for Phantom Frog Software and Services

This Agreement ("Agreement") is by and between Wee Bit Media, L.L.C ("Phantom Frog") an Arizona Limited Liability Corporation (hereafter called Phantom Frog) and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Phantom Frog software (“Software”) and services (“Services”) and explains Phantom Frog ’s obligations to You and Your obligations to Phantom Frog in relation to the Software and Services You purchase.

This Agreement as well as any additional Phantom Frog policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and Phantom Frog concerning Your use of Phantom Frog ’s Software and Services, and supersede and govern all prior proposals, agreements, or other communications. All Phantom Frog policies and agreements specific to particular Software and Service are incorporated herein and made part of this Agreement by reference). By purchasing Phantom Frog ’s Software or Services, You acknowledge that You have read, understood, and agree 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 Phantom Frog may establish from time to time, and any agreements that Phantom Frog is currently bound by or will be bound by in the future. You may view the latest version of this Agreement online.

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 Phantom Frog , whether or not the transactions were in Your behalf. You acknowledge that Phantom Frog ’s acceptance of any application made by You for Services provided by Phantom Frog will take place at Phantom Frog’s office located in Tucson, Arizona, USA.

The General Terms in Section A apply to all customers of Phantom Frog . 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.

You agree that Phantom Frog may modify this Agreement and the Services from time to time. You agree to be bound by any changes Phantom Frog may reasonably make to this Agreement when such changes are made. If You have purchased Services or Software from Phantom Frog , the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Software or Services. In the event You terminate Your usage, Phantom Frog will not refund any amounts You have paid. You agree that Phantom Frog shall not be bound by any representations made by third parties who You may use to purchase Services from Phantom Frog , and that any statement of a general nature, which may be posted on Phantom Frog ’s Web site or contained in Phantom Frog ’s promotional materials, will not bind Phantom Frog . Phantom Frog may, at times, offer certain promotions with different charges and features.

You agree that You will be responsible for notifying Phantom Frog should You desire to terminate Your use of Phantom Frog's Services. Notification of Your intent to terminate must be provided to Phantom Frog no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date.

2. ACCURATE INFORMATION.

You agree to maintain accurate information by providing updates to Phantom Frog , as needed, while You are using Phantom Frog ’s Services. You agree You will notify Phantom Frog within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Phantom Frog to determine the validity of information provided by You will constitute a material breach of this Agreement.

You agree that Phantom Frog may use and rely on any such information provided by You for all purposes in connection with Your Services, subject to Phantom Frog ’s Privacy Policy . If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Phantom Frog has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Phantom Frog has the absolute right, in its sole discretion, to terminate its Services and close Your account.

3. PRIVACY.

You can view Phantom Frog’s Privacy Policy here , which is incorporated herein by reference, as it is applicable to all Company Software and Services. The Privacy Policy provides Your rights and Company’s responsibilities with regard to Your personal information. Company will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

4. ACCOUNT SECURITY.

You agree You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify Phantom Frog immediately of any unauthorized use of Your account or any other breach of security. You agree Phantom Frog will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. You further agree You could be held liable for losses incurred by Phantom Frog or another party due to someone else using Your account or password. For security purposes, You should keep account access information in a secure location and take precautions to prevent others from gaining access to Your user name and password. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. Phantom Frog specifically disclaims liability for any activity in Your account, whether authorized by You or not.

5. NO UNLAWFUL CONDUCT OR IMPROPER USE.

As a condition of Your use of Phantom Frog ’s Software and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to Phantom Frog if, for any reason, Phantom Frog takes corrective action with respect to Your improper or illegal use of its Services.

Phantom Frog reserves the right at all times to disclose any information as Phantom Frog 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 Phantom Frog's sole discretion.

If You have purchased Services, Phantom Frog has no obligation to monitor Your use of the Services. Phantom Frog reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. Phantom Frog reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever.

Phantom Frog reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against Phantom Frog 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. Phantom Frog may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.

Phantom Frog may also cancel Your use of the Services, after thirty (30) days, if You are 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 You conduct business; 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; 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. In the event Phantom Frog cancels Your Services during the first thirty (30) days after You purchase the Services, You will receive a refund of any fees paid to Phantom Frog in connection with the Services being canceled. In the event Phantom Frog deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to Phantom Frog if, for any reason, Phantom Frog takes corrective action with respect to Your improper or illegal use of its Services.

6. NO SPAM; LIQUIDATED DAMAGES.

You agree Phantom Frog 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   You acknowledge You have read and understand and agree to be bound by the terms and conditions of Phantom Frog ’s Anti-spam Policy, available here . Such terms and conditions are applicable to the use of all Phantom Frog Software and Services and are incorporated herein.

7. INTELLECTUAL PROPERTY.

You agree that Phantom Frog 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. You acknowledge that no title or interest to Phantom Frog ’s Intellectual Property Rights is transferred to You and You agree to make no claim of interest in any Phantom Frog Services or Software.

You understand and agree that all content and materials contained in this Agreement, other policies, the Phantom Frog 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 Phantom Frog expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of Phantom Frog . No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.

8. USE OF Phantom Frog SOFTWARE.

If You have licensed software from Phantom Frog , Phantom Frog grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time.

You agree to not alter or modify the Software. You agree You are not authorized to combine the Software with any other software program, create derivative works based upon the Software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the Software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.

Phantom Frog reserves all rights to the Software. The Software and any copies You are authorized to make are the intellectual property of Phantom Frog . The source code and its organization are the exclusive property of Phantom Frog 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 You any rights in the Software and all rights are reserved by Phantom Frog .

Phantom Frog 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 You and provided to You by Phantom Frog , You agree to pay Phantom Frog at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. Phantom Frog expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by You by providing either a valid credit card, an online check, a personal check , or using Phantom Frog ’s reseller

If for any reason Phantom Frog is unable to charge Your Payment Method for the full amount owed Phantom Frog for the Services provided, or if Phantom Frog is charged a penalty for any fee it previously charged to Your Payment Method, You agree that Phantom Frog may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason Phantom Frog is unable to charge Your credit card with the full amount of the Services provided, or if Phantom Frog is charged back for any fee it previously charged to the credit card You provided, You agree that Phantom Frog may pursue all available remedies in order to obtain payment. You agree that among the remedies Phantom Frog may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names or Services registered or renewed on Your behalf. Phantom Frog 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 You. 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 You have elected to use as payment methods, including PayPal and Certegy, Inc., and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change Your Payment Method at any time by logging into Your Account Manager.

You agree that You are solely liable for arranging that Your Services are renewed, and that Phantom Frog shall not be liable to You or any third party if it is unable to charge Your Payment Method in order to renew Your Services.

10. REPRESENTATIONS AND WARRANTIES.

You, or the individuals who electronically execute this Agreement on behalf of You 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. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have 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.

Phantom Frog 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 Phantom Frog , as well as its affiliates, subsidiaries, officers, directors and employees. Phantom Frog also reserves the right to freeze a domain name during resolution of a dispute.

11. LIMITATION OF LIABILITY .

IN NO EVENT SHALL Phantom Frog BE LIABLE TO YOU 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 YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Phantom Frog 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, Phantom Frog ’s liability is limited to the full extent permitted by law. You agree that in no event shall Phantom Frog ’s maximum aggregate liability exceed the total amount paid by You for the particular Software or Service in dispute purchased from Phantom Frog .

12. DISCLAIMER OF WARRANTIES .

Phantom Frog 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. Phantom Frog makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. Phantom Frog 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 You.

13. INDEMNIFICATION.

You agree to defend, indemnify and hold harmless Phantom Frog 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 Your (including Your agents affiliates, or anyone using Your account, software or services with Phantom Frog whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from Phantom Frog or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold Phantom Frog 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 You, or any allegation that Your 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 You elsewhere. Should Phantom Frog be notified of a pending law suit, or receive notice of the filing of a law suit, Phantom Frog may seek a written confirmation from You concerning Your obligation to indemnify Phantom Frog . Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Phantom Frog shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Phantom Frog of any such claim promptly in writing and to allowPhantom Frog to control the proceedings. You agree to cooperate fully with Phantom Frog during such proceedings.

You agree to cooperate fully with Phantom Frog during such proceedings. You agree You will not be entitled to a refund of any fees paid to Phantom Frog if, for any reason, Phantom Frog takes corrective action with respect to Your improper or illegal use of its services. You also agree that if Phantom Frog is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Traffic Facts account of Yours with Phantom Frog , that Phantom Frog , in its sole discretion, may take whatever action Phantom Frog deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

14. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.

This agreement shall be deemed entered into in the State of Arizona. Except for disputes concerning the user of a domain name registered with Phantom Frog , You agree that the laws and judicial decisions of Pima County, Arizona, 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 Pima County, Arizona. For the adjudication of disputes You agree to submit to jurisdiction and venue in the U.S. District Court for the District of Arizona.

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

15. NOTICES.

You agree that all notices (except for notices concerning breach of this Agreement) from Phantom Frog to You may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address You have on file with Phantom Frog . In either case, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from You to Phantom Frog shall be made by email, sent to the address provided on the Phantom Frog Web site

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 AGREEEMENT.

You agree that this Agreement including the policies and agreements it refers to constitute the complete and only Agreement between You and Phantom Frog regarding the Services contemplated herein.

18. 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.

19. WAIVER.

The failure of Phantom Frog to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of Phantom Frog thereafter to enforce such provisions.

20. FORCE MAJEURE.

Phantom Frog 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. You agree not to hold Phantom Frog 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. CONTACT (M-F, 9-5)

WeeBit Media, LLC
3646 E. Blacklidge #1
Tucson, AZ USA
520.777.5260


"Phantom Frog" is a Service Mark of WeeBit Media, L.L.C. © 2004 - 2007   Terms and Conditions
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