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Welcome to Montana Web Builder. Montana Web Builder is a product of Montana Web Builder, dba Montana Web Builder, and provides the Montana Web Builder services ("Montana Web Builder") to you ("Member, You, User"), subject to the terms of this agreement. Montana Web Builder is offering the Montana Web Builder website creation tool through a partnership formed with SiteBrander.com. As part of Montana Web Builder, Montana Web Builder maintains a World Wide Web site, montanawebbuilder.com (the "Web Site"). The following are the terms and conditions for use of Montana Web Builder and the Web Site, along with any amendments thereto, and any operating rules or policies that may be published from time by Montana Web Builder (collectively, the "Montana Web Builder Member Agreement", "Agreement", "Member Agreement"). Please read them carefully. The term "User" in the Agreement refers to any person or entity that has entered into this Agreement with Montana Web Builder. You must be at least 18 years of age to accept this Agreement. Montana Web Builder may require that the registrant provide sufficient information to indicate that the registrant is an adult. Minors should access Montana Web Builder only by obtaining their parent or legal guardian register for them and open an account that the parent or legal guardian authorizes the minor to use.

Member acknowledges that Montana Web Builder is an Authorized Reseller of SiteBrander.com, the creator of the website building product, and that any and all terms and conditions set forth in this agreement are established and governed by SiteBrander.com.
  1. Acceptance of Terms
    This is a legal agreement ("Agreement") between you, the user, together with any company or other business entity you are representing, if any (collectively, the "Member") and Montana Web Builder, dba Montana Web Builder ("Montana Web Builder"). This Agreement governs the access and use of all services for which Member registers and which are provided by or through the Montana Web Builder Site and Montana Web Builder's online resources, including without limitation the Montana Web Builder site building and hosting services (collectively, the "Service"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE, USE OR ACCESS THE SERVICE.

    The Service is offered to Member conditioned upon Member's acceptance without modification of this Agreement. Member acknowledges that, from time to time, it may be necessary for Montana Web Builder to update or revise certain provisions of the Agreement. By joining Montana Web Builder and accepting this Agreement, Member agrees that Montana Web Builder may change the terms of the Agreement in its sole discretion without specific notice to Member. If Member does not agree to the changes proposed by Montana Web Builder, or to any terms in this Agreement, Member's sole and exclusive remedy is to cancel Member's Montana Web Builder account ("Member's Account"). Notwithstanding the foregoing, Montana Web Builder reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.
  2. Site Lease
    Member agrees that they are leasing the site from Montana Web Builder. In the event that this Agreement is terminated by either party, the Member’s site is not transferable. Member further agrees that the verbiage used to describe the products and/or services on Member’s site, is under their ownership, and is transferable to the Member upon termination of this Agreement. Member agrees that the Stock Photos supplied by Montana Web Builder are under the ownership of Montana Web Builder, and are not transferable upon termination of this Agreement nor are said images licensed for use outside of the Customer's Montana Web Builder site.
  3. Linkback
    Upon acceptance of this agreement, Member agrees that their site will contain an HTML hyperlink back to the Montana Web Builder site.
  4. Use of the Service
    Member shall not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. Member agrees that Member will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use in creating a Web site ("Member Web Site") in accordance with this Agreement. This means, among other activities, that Member agrees not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. Member agrees that Member will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. Member may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with the written permission of Montana Web Builder, Member agrees that Member will not access or attempt to access password protected, secure or non-public areas of the Service. If Member attempts to access prohibited areas of the Service, Member may be subject to prosecution.
    1. Technical Support and Assistance
      The level of Technical Support and Assistance depends on the tier of Member's Montana Web Builder account. Email Technical Support is available on the first three tiers of service with a response time not to exceed 72 hours. Toll-Free Phone Technical Support is only available on the highest tier service ($69 per month package). Members who have this tier level will find the toll-free Technical Support phone number on the "Help Desk" page of the Administration side of the Member's website.
  5. Charges and Billing
    Member agrees that all charges for the Montana Web Builder service will be charged to their credit card and will be reflected as charges from "SiteBrander.com - Website Creating Tool." Montana Web Builder reserves the right to charge fees for the Service or any portion thereof and any applicable fees will be posted on the Montana Web Builder Site. If Member is required to pay a fee for all or any part of the Service for which Member has chosen to register, Member hereby authorizes Montana Web Builder to charge Member's credit card in advance for all applicable fees incurred by Member in connection with Member's chosen Service and Member's Account. Member's Service and Account will automatically renew at the end of the subscription period, unless the Service or Member Account is terminated in advance of the end of the then-current term. If there are any annual, monthly or similar periodic subscription fees associated with the Member Account, these fees will be billed automatically to the Member's designated credit card at the start of each renewal period, unless Member terminates the Service before the relevant period begins. If you registered for the Service using a Montana Web Builder promotional code, after the initial promotional period expires, your subscription will automatically be renewed and billing will continue at the then-current price for the Service if no other foretold price change was pledged to you. Member further acknowledges that it is Member's responsibility to notify Montana Web Builder of any changes to Member's credit card or if Member's credit card has expired otherwise Member's access to the Service may be disconnected or interrupted. All fees shall be paid in U.S. dollars.

    Montana Web Builder reserves the right to change any fees (which includes but is not limited to, increasing prices and charging a fee for upgrades and/or a Service for which Montana Web Builder does not currently charge a fee) at any time, provided, however, that Montana Web Builder will provide you with reasonable notice prior to making any fee changes. In addition, Montana Web Builder will also give you reasonable notice before any modification to the Service that could adversely impact your Member Site. If you find any change to the Service to be unacceptable, you are free to cancel any part of the Service or your Member Account at any time, but Montana Web Builder will not refund any remaining portion of Member's pre-paid fees when Member cancels any part of the Service or Member's Account.

    Member agrees to pay Member's Account balance on time. Member also agrees to pay any taxes, including sales or use taxes, resulting from Member's use of the Service. Member is responsible and liable for any fees, including attorney and collection fees, that Montana Web Builder may incur in its efforts to collect any remaining balances due from Member. This Section shall in no way limit any other remedies available to Montana Web Builder. Member also acknowledges and agrees that Member will be billed for and will pay any outstanding balances if Member cancels Member's Account or Member's Account is terminated due to Member's breach of this Agreement. Member must notify Montana Web Builder of any billing problems or discrepancies within sixty (60) days after they first appear on Member's credit card account statement. If Member does not notify Montana Web Builder within sixty (60) days, Member waives any right to dispute such problems or discrepancies.
  6. Member Registration
    In order for Member to participate in the Service, Montana Web Builder will require Member to provide specific information about Member and/or and Member's business. If Member chooses to participate and build a Member Web Site, Member agrees to provide true, accurate and complete information and to refrain from impersonating or falsely representing Member's affiliation with any person or entity. Member shall be responsible for maintaining the confidentiality of Member's Account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. Member shall be responsible for all actions by such users, including without limitation former employees and former partners, and shall indemnify Montana Web Builder for such actions.
  7. Account Limitations
    Member hereby acknowledges that Montana Web Builder may, from time to time, establish general practices and limits concerning the use of the Service, including without limitation, (a) the maximum number of days that email messages, or other content posted on the Member Web Site will be retained by Montana Web Builder, (b) the maximum limits on bandwidth usage that will be allotted to Member, (c) maximum limits on storage space, and (d) maximum limits on the number of pages within each Member Web Site. Any of the foregoing limits will be consistent with the Service (including any upgrades) for which Member has registered. Member agrees that Montana Web Builder has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. Member further acknowledges and agrees that Montana Web Builder reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
  8. Member Conduct
    Member's right to use the Service is personal to Member and Member's company and its employees (if applicable). Member, and not Montana Web Builder, is entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Member Content") posted via the Service. Member, and not Montana Web Builder, is also responsible for compliance with all laws, regulations and ordinances connected with all aspects of Member's use of the Service. Member shall not use the Service for any illegal purpose in violation of any local, state, federal or international law. Member must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (collectively, "Information and Actions") in connection with Member's use of the Service. If the Service does not provide adequate facility or features for Member to provide such Information and Actions, then Member shall not use the Service.

    Montana Web Builder does not control the Member Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. Montana Web Builder reserves the right, but is not obligated to review the Member Content posted via the Service and to refuse or remove any such materials in its sole discretion, without notice at any time. Montana Web Builder also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the Member Content in Montana Web Builder's sole discretion. With respect to the content on the Member Web Site, Member agrees not to:
    1. Post, upload or otherwise transmit any content that is inappropriate, harmful to minors, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    2. Post, upload or otherwise transmit any content that Member does not have a right to post and transmit under any law;
    3. Post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    4. Post, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/or attempt to access the accounts of others, or attempt to penetrate security measures of Montana Web Builder, its vendors or suppliers or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data;
    5. Post, upload or otherwise transmit any materials that impose an unreasonable or disproportionately large load on Montana Web Builder's infrastructure that exceed the limits provided by the Service for which Member registered;
    6. Post, upload or transmit any unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    7. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
    8. Intentionally or unintentionally violate any applicable local, state, national or international law;
    9. Forge any headers or other manipulation of identifiers in order to disguise the origin of any content transmitted through the Service;
    10. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; or
    11. Sell, distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, liquor, tobacco products and any other products or services that (i) Member cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via the Member Web Site could cause Montana Web Builder to violate any law, statute or regulation.
    12. Post or disclose any personal or private information or images about children or any third party without their consent (or a parent's consent in the case of a minor).

    Montana Web Builder may terminate Member's account for failure to comply with the above listed rules of Member Conduct. Additionally, Montana Web Builder may request Member to place all or any portion of the Member Content behind password protection if Montana Web Builder determines that such content is inappropriate for the community at large but does not otherwise violate the terms of this Agreement. If Montana Web Builder has requested Member to place Member Content behind password protection or if Member independently determines that the Member Content appropriately belongs behind password protection, Member may not publish the password in such a way that negates the limited-access nature of the password protected site. If Montana Web Builder requests Member to place any Member Content behind password protection and Member fails to do so promptly, Montana Web Builder reserves the right to (a) place such content behind password protection itself, or (b) terminate Member's Account.
  9. Email Policies Unsolicited Bulk E-mail
    Any User who sends unsolicited advertisements or solicitations, commercial or otherwise, may have its account disabled and be disallowed further service. The User is responsible for ensuring that its End Users use the email services obtained from Montana Web Builder in an appropriate manner. Therefore, the User must take steps to manage the use of the services obtained in such a way that network abuse is minimized. The User must also make contact information publicly available, and must respond in a timely manner to any complaints. Montana Web Builder shall consider any complaints regarding the User's End Users to apply to the User. In extreme cases, Montana Web Builder operations personnel have the option to immediately disable any User account in order to forestall further abuse or damage to e-mail systems. Should this occur, the User shall be notified as soon as possible.

    Unsolicited advertisements or solicitations sent from other networks which reference e-mail accounts hosted at Montana Web Builder shall be treated as if they originated from the account referenced, unless there is sufficient reason given for Montana Web Builder operations staff to believe that the message truly originated with some unrelated party. Likewise, postings made to the usenet newsgroups or other online forums which reference e-mail accounts hosted at Montana Web Builder, and are deemed to be inappropriate according to the local ethical standards of that forum, may be treated in the same manner as unsolicited bulk e-mail above.

    Filtering of Incoming E-mail
    As owner of the equipment and other resources utilized to provide services, Montana Web Builder has the legal right to block electronic communications from other entities on the Internet. Users should be aware that such blocking or filtering might take place if deemed necessary by designated members of the Montana Web Builder operations staff (or a third party chosen by Montana Web Builder and made known to the User). Whenever possible, the party being blocked shall be made aware of such action before it occurs.

    Mass Mailing Policy
    The following are the guidelines for all mass mailings by User, or a third party contracted on behalf of User to send mass mailings to End Users.
    1. Policy Objectives
      The goals of this mass mailing policy include, but are not limited to, the following issues: controlling mailing rates that stress systems; eliminating service degradations; mitigating the thousands of bounce messages in mail queues that delay mail delivery; mitigating invalid return address information; and eliminating mass mailings during peak business hours.
    2. Definitions
      1. "Opt-in" mailings are those which are to more than 250 End Users by either Users or their third party partner to any group of End Users. Opt-in means that the End User has signed up for mailings voluntarily. "Opt-in" implies that the mailing is not SPAM (defined below).
      2. "SPAM" is defined as unsolicited bulk email that includes advertisements or solicitations, commercial or otherwise, regardless of content. Without exception, Montana Web Builder prohibits the practice of mass-mailing unwanted e-mail solicitations of any type, regardless of content, and will take action to prevent this practice.
    3. Mass Mailing Requirements
      1. Mail send rate: Mass mailings will be done at a maximum rate of 10 messages/second.
      2. Use of appropriate servers for originating mailings: use of Montana Web Builder or its suppliers' hosted SMTP servers for mass mailings is strictly prohibited.
      3. Delivery of mass mailings: (i.e. mass mailing sent by a domain hosted or not hosted by Montana Web Builder to domains hosted by Montana Web Builder) all mass mailings must be delivered through Montana Web Builder or its suppliers' inbound MX machines. All mass mailings sent through Montana Web Builder or its suppliers' SMTP servers will not be delivered.
      4. Allowable send times: mass mailings will be started and completed between 9pm and 4am US Pacific Time.
      5. Valid "From", "Reply-To", "Return-Path" and "Error-To" headers: If the following values are listed in your mail header please confirm that they are valid addresses and each email address must accept any bounces at the rate they may occur:
        • "From",
        • "Reply-To",
        • "Return-Path",
        • "Errors-To"
      6. Valid "Abuse contact": Users who send/receive mass mailings must supply Montana Web Builder with an emergency "abuse contact" to contact if there are any problems/complaints associated with the mailing.
      7. Notifying Montana Web Builder of mass mailing: Montana Web Builder requires 48 hours notice for all mailings. The following information must be mailed to support@montanawebbuilder.com:
        • Customer Name
        • Number of recipients
        • "From" domain
        • "Target" domain
        • Mailing Subject
        • Mailing Date
        • Mailing Start-End Times
        • Rate of mailing (maximum of 10 messages per second)
        • Valid "From", "Reply-To", "Return-Path" and "Error-To" addresses (please list the values used, if any)
        • Copy of the message content
        • Method for users to "opt-out" of mailings
    4. Failure to Comply with Mass Mailing Requirements
      Failure to comply with the conditions set forth above may result in any or all of the following:
      1. Blocking of the mailing currently causing the problems/complaints.
      2. Blocking of future mailings until the above requirements are satisfied. (Or until there is an agreement or special dispensation made by the Montana Web Builder)
      3. If no "abuse contact" is provided to Montana Web Builder, Montana Web Builder reserves the right to block mailings without notifying User as necessary.
      4. Montana Web Builder reserves the right to suspend or terminate accounts for breaches of Montana Web Builder's Mass Mailing Policy.
  10. Third Party Content
    For Member's convenience, the Service, which includes the Montana Web Builder Site, contains products, services, content and information from third party providers (which includes advertisers and affiliates) and/or links to their Web sites ("Third Party Content"). Such Third Party Content is not under the control of Montana Web Builder and Montana Web Builder is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. Montana Web Builder is under no obligation, but does reserve the right to pre-screen Third Part Content available on the Service and does not assume any responsibility or liability for the content provided by others. Montana Web Builder is providing such Third Party Content to Member only as a convenience, and the inclusion of such content does not imply endorsement by Montana Web Builder of such content or the affiliate or advertiser. Member may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites. Montana Web Builder does reserve the right to remove content that, in Montana Web Builder's judgment, does not meet its standards, but Montana Web Builder is not responsible for any failure or delay in removing such material.

    Photos provided through the Montana Web Builder Stock Image Library are licensed through PhotoSpin Inc. for exclusive use on Montana Web Builder sites. Any other use of the photos provided in the Montana Web Builder Stock Image Library is strictly prohibited. Member may purchase a subscription directly from PhotoSpin which may entitle member to use images for other purposes. Member can obtain the specific details of subcription entitlements by visiting the Photospin web site at www.photospin.com.

    Montana Web Builder is not and will not be responsible for (i) the terms and conditions of any transaction between Member and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that Member has a dispute with any such third party, Member releases Montana Web Builder (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
  11. DISCLAIMER OF WARRANTIES
    MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) MEMBER'S USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. Montana Web Builder AND ITS SUPPLIERS PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, THE Montana Web Builder SITE AND THE MEMBER WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (B) Montana Web Builder AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY MEMBER THROUGH THE SERVICE WILL MEET MEMBER'S EXPECTATIONS; (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, THE Montana Web Builder SITE OR MEMBER WEB SITES IS DONE AT MEMBER'S OWN DISCRETION AND RISK, AND MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  12. LIMITATION OF LIABILITY
    IN NO EVENT SHALL Montana Web Builder AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF Montana Web Builder OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO MEMBER. IN NO EVENT SHALL Montana Web Builder'S AGGREGATE LIABILITY TO MEMBER AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT MEMBER ACTUALLY PAYS TO Montana Web Builder UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS. Without limiting the foregoing, neither Montana Web Builder nor its suppliers is responsible for any of Member's data residing on the Service or Montana Web Builder's suppliers' hardware. Member is responsible for backing-up Member's data and information that may reside on the Service or Montana Web Builder's suppliers' hardware, whether or not such information is produced through the use of the Service. It is Member's responsibility to take the necessary steps to ensure that Member's primary means of business is maintained (if applicable).
  13. Proprietary Rights of Member Content
    Montana Web Builder does not claim ownership of the Member Content (verbiage) that Member provides to Montana Web Builder and/or places on the Member Web Site to promote or describe their products and/or services. However, in the event that this Agreement is terminated by either party, Member agrees that their web site is not transferable. Member further agrees that they are leasing the site from Montana Web Builder. Member grants Montana Web Builder a worldwide, royalty-free, non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display the Member Content on and through the Service and in Montana Web Builder's promotional or advertising materials (only for the limited purpose of promoting the Service), and (ii) sublicense to third parties such Member Content to the extent necessary for the creation and maintenance of, in part or in whole, such Web sites. No compensation will be paid or due Member with respect to Montana Web Builder's or its sub-licensee's use of the materials as licensed above. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any Member Web site, Member warrants and represents that Member owns or otherwise controls the rights necessary to do so and to grant Montana Web Builder the license set forth above, and, pursuant to the terms set forth in Section 14, Member will defend and indemnify Montana Web Builder and its suppliers from any third party claim related to a breach of any of the foregoing representations and warranties.
  14. Montana Web Builder Proprietary Rights/Licenses
    Member acknowledges and hereby agrees that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Member further acknowledges and agrees that content contained in sponsor advertisements or information presented to Member through the Service is protected by applicable copyrights, trademarks, service marks, patents and other proprietary rights and laws.

    Montana Web Builder provides Member with a non-exclusive, non-transferable, limited license to use the Montana Web Builder Product, which Member agrees to use in accordance with this Agreement. The Montana Web Builder Product is owned by Montana Web Builder and/or its suppliers and is protected to the maximum extent permitted.
  15. Indemnification
    Member agrees to indemnify and hold Montana Web Builder and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) Member's breach of this Agreement; (ii) any information (including but not limited to Member Data and Member's publicly posted information) submitted, posted, or otherwise provided by Member at the Member Web Site and/or to Montana Web Builder and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by Member's actions; and (iv) Member's negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of Member's relationship with Montana Web Builder or Member's use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Montana Web Builder and/or its suppliers, affiliates, partners, subsidiaries and employees.
  16. Copyright and Trademark Notices
    All materials of the Service and the Montana Web Builder Product (as well as the organization and layout of the Montana Web Builder Site) are owned and copyrighted or licensed by Montana Web Builder and/or Montana Web Builder, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the Montana Web Builder Site and/or the Product, is permitted without the written permission of Montana Web Builder. Any rights not expressly granted herein are reserved.
  17. Modification of the Service
    Montana Web Builder reserves the right, at its sole discretion, to, at any time, modify, or discontinue the Service, temporarily or permanently, (or any part thereof), including the imposition of limits on certain features and services or restriction of access to parts or all of the Service, with or without notice. Member agrees that Montana Web Builder shall not be liable to Member or to any third party for any modification, suspension or discontinuance of the Service. Member further agrees that Montana Web Builder shall have the right to remove any Element from the Member Web Site, with or without notice to Member, at any time at Montana Web Builder's sole discretion, if Montana Web Builder discontinues offering the Element for any reason. If Member does not agree to any such modifications, Member's sole and exclusive remedy is to cancel Member's Account.
  18. Termination/Cancellation of Member Account
    Either Member or Montana Web Builder may terminate or cancel Member's Account (or any part of the Service) with 30 day written notification, but Montana Web Builder will not refund any pre-paid fees upon such termination or cancellation.
    1. Termination by Member
      You may cancel your Member Account or any part of the Service by notifying Montana Web Builder 30 days in advance of the date that you wish the account to terminate. To cancel your Service, Fill Out This Form, or you must call 1-877-776-3278 or (406) 268-0000. Member will receive a cancellation confirmation via email after Montana Web Builder processes Member's cancellation request. Montana Web Builder reserves the right to collect fees, surcharges or costs incurred before Member cancels Member's Account in addition to the applicable cancellation fee(s).

      You must provide us with the following information in order for us to process your cancellation:
      • The exact name of the Service that you would like to cancel
      • Your username and password
      • Your email address
      • Your billing information, including the credit card number you used when purchasing the Service
      • Your reason for canceling the Service
    2. Termination by Montana Web Builder
      Montana Web Builder may terminate Member's Web Site and/or Member's Account if Montana Web Builder determines, in Montana Web Builder's sole discretion, to discontinue offering the Service. Additionally, Montana Web Builder, in its sole discretion, may terminate Member's Web Site, Member's Account or Member's use of the Service for any reason, including, without limitation, (i) if Member breaches this Agreement, (ii) if Montana Web Builder is unable to verify or authenticate any information that Member provides to Montana Web Builder, or (iii) if Montana Web Builder believes that Member has violated or acted inconsistently with the spirit of this Agreement. If Montana Web Builder terminates Member's Account pursuant to (i), (ii) or (iii) above, Member will forfeit all credits, pre-paid fees, and any other amounts accruing to Member, if any, and Montana Web Builder shall not be required to refund, redeem, or pay amounts to Member upon such termination.
    3. Effect of Termination
      Upon termination of Member's Account for any reason, Montana Web Builder reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by Member; (b) delete any Member Content, listings, messages or other information in connection with Member's Account; (c) prohibit Member's access to Member's Account, including without limitation by deactivating Member's password; and (d) refuse Member future access to the Service. In no event shall Montana Web Builder be required to refund, redeem, or pay amounts to Member upon termination of Service or return any Member Content.

      Member understands and agrees that the cancellation of Member's Account is Member's sole right and remedy with respect to any dispute with Montana Web Builder. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Montana Web Builder's enforcement or application of any such term; (2) any policy or practice of Montana Web Builder, (3) the content available through the Service or any change in content provided through the Service; (4) Members' ability to access or use the Service or Member's Web Site; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods or change to the fees, applicable taxes, surcharges or billing methods, if any.
  19. Notice
    Statements, notices and other communications to Member may be made by mail, email, postings within Member's account or other reasonable means. Member shall be solely responsible for updating the account's registered email and postal address. Montana Web Builder shall not be responsible for any undelivered notices caused by Member's failure to update the account information. Montana Web Builder may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices generally on the Montana Web Builder Site. Member should refer to the Member Support page of the Montana Web Builder Site for information on how to contact and/or provide notice to Montana Web Builder.
  20. Arbitration/Jurisdiction
    Member agrees that any dispute or claim arising out of or related to the Service or this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Cascade County, Montana under the American Arbitration Association Rules by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. Member agrees that any claim against Montana Web Builder must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be barred forever.

    Notwithstanding the above, Montana Web Builder may apply to any court of competent jurisdiction (i) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary, including without limitation for breach of Section 13 (Montana Web Builder Proprietary Rights/License) or (ii) to collect fees due and owing from Member pursuant to this Agreement, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.

    This Agreement shall be governed in all respects by the laws of the State of Montana, U.S.A. Such law shall be applied by the arbitrator to the merits of any dispute or claim. For any non-arbitral action or proceeding arising out of or related to the Service or this Agreement, both parties submit to sole and exclusive jurisdiction and venue in the courts located in Cascade County, Montana and further agree that any such action or proceeding shall be brought in a court in Cascade County, Montana.

    A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  21. General
    If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Montana Web Builder's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Member shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of Montana Web Builder, and any such attempted assignment shall be void. Montana Web Builder shall have the right to freely assign this Agreement, and its rights and obligations hereunder, to any third party without requiring the consent or notice of Member. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. This Agreement sets forth the entire understanding and agreement between Montana Web Builder and Member with respect to the subject matter hereof. The section and subsection titles in the Agreement are for convenience only and have no legal or contractual effect. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.
  22. Member Acknowledgement
    MEMBER ACKNOWLEDGES THAT MEMBER HAS READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT MEMBER AGREES TO ALL ITS TERMS AND CONDITIONS. MEMBER HAS INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.
  23. Standard Clip-Art and Photos
    As part of the Service, Montana Web Builder provides its Members with standard clip-art and photos to incorporate into their Member Web Sites. In using the clip-art and photos, Member is governed by an Image License Agreement with PhotoSpin, the supplier of the clip-art and photos. Such Image License Agreement is available at www.photospin.com. Member understands that the Image License Agreement is a separate contractual relationship between Member and PhotoSpin and that Member, and not Montana Web Builder, is responsible for all liability, and obligations in connection with that relationship. Montana Web Builder is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between Member and PhotoSpin. In the event of a dispute, you hereby release Montana Web Builder (and its officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes.
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