Service Terms and Conditions Agreement

PRESTOBIZ SERVICE TERMS AND CONDITIONS AGREEMENT 

This Web site is owned and operated by Zing! Inc. and/or Zing! Inc. subsidiary "PrestoBiz.com" or "PrestoBiz". (throughout this Agreement "PrestoBiz" or "PrestoBiz.com" refers collectively to Zing! Inc. and its subsidiaries and related companies) (the "Site"). 

SECTION 1: GENERAL PROVISIONS 

PrestoBiz provides services ("Services") through its site to users and members, subject to the following Service Terms and Conditions. PrestoBiz reserves the right to modify this Terms and Conditions Agreement periodically without prior notice. You can review the most current version of the Service Terms and Conditions Agreement at any time at http://www.prestobiz.com/stc.htm. 

Applicable Laws 

All matters relating to these Services shall be governed by U.S. federal law and/or the laws of the State of Wisconsin without regard to its conflict of law principles. Any legal action or proceeding relating to these Services shall be instituted in a state or federal court in the jurisdiction of the State of Wisconsin. 

If there is a determination that any provision of this Service Terms and Conditions Agreement is invalid or unenforceable, that determination will not affect the rest of the Service Terms and Conditions Agreement and the Service Terms and Conditions Agreement shall be deemed amended to the minimum extent necessary to make them valid and enforceable. 

General Web Site Terms of Use Agreement 

In addition to this Service Terms and Conditions Agreement, all visitors, users and members of PrestoBiz's Web Site agree to the terms and conditions of the Terms of Use Agreement

Contact Information 

If you have any questions regarding this Service Terms and Conditions Agreement, please contact us

Products and Services Offered By PrestoBiz on the Site 

PrestoBiz offers products and services on the Site. When you enroll to obtain a product or service from PrestoBiz on the Site, you must accept the specific agreement applicable to that product or service contained within this Service Terms and Conditions Agreement. Your use of any such product or service offered on the Site is governed by the terms and conditions in this agreement for that product or service as well as the billing, payment, service cancellation and refund policies for all PrestoBiz paid services, also provided in this agreement. Except as provided in this agreement, PrestoBiz does not warrant that any product descriptions or content contained in this Web site is accurate, current, reliable, complete or error-free. 

You are responsible for obtaining access to PrestoBiz and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. 

PrestoBiz Affiliate Program 

Any affiliate program offered by PrestoBiz has a specific Affiliate Agreement applicable to that program. Your participation in any affiliate program is subject to your acceptance of the program's specific Affiliate Agreement. 

Errors and Omissions 

All information and offers displayed on PrestoBiz is subject to errors, omissions, change of price, or withdrawal without notice. 

Contents of This Agreement 

In addition to providing General Provisions (SECTION 1), the billing and payment, service cancellation and refund policy for all PrestoBiz paid services (SECTION 2), this agreement contains the terms and conditions of the following PrestoBiz services: 

Web Hosting and Web Sites by PrestoBiz Service Terms and Conditions (SECTION 3) 

SECTION 2: POLICIES FOR ALL PRESTOBIZ PAID SERVICES 

Billing and Payment Policies for all PrestoBiz Paid Services 

For recurring month-to-month services, your activation date determines the start date of each "service month", which may differ than an actual calendar month. For instance, if a service is activated on the 15th day of a particular month, your "service month" would begin on the 15th of each calendar month and run through the 14th of the next calendar month. Your credit card will be billed once each calendar month for your current or upcoming "service month" at the most current rate disclosed in the service description. 

For prepaid recurring services, your credit card will be billed for the prepaid period you select at the rate disclosed in the service description. After your prepaid period, you may be contacted to extend your prepaid service at the most current rate available. If you are not contacted, or you choose not to reply, your account will revert to a month-to-month basis and will be billed as described above at the most current month-to-month rate available and disclosed in the service description at that time. Your original activation date will determine your "service month" starting date. 

For one-time services, your credit card is billed once for the service requested for the amount disclosed in the service description. 

If you request multiple services, your credit card bills may be consolidated into one transaction per calendar month. 

All services requested from PrestoBiz will be billed to the credit card provided at the time of service sign-up, or the most current credit card information provided in the "update profile" area at PrestoBiz. Any change to your credit card information (from the "update profile" area or at any service sign-up areas) will cause all existing services to be billed to the new credit card information. 

Service Cancellation for all PrestoBiz Paid Services 

You may cancel any recurring PrestoBiz service at any time. Each PrestoBiz service you request has a control panel within the PrestoBiz Members' Area. Month-to-month recurring services are billed and provided in one "service month" increments and is cancelable only as so. Prepaid recurring service is billed and provided in 6 or 12 month increments and is cancelable only as so. We cannot accept cancellation requests via e-mail or telephone for security reasons. One-time PrestoBiz services are executed immediately and are therefore not cancelable. 

Refund Policy for all PrestoBiz Paid Services 

You may choose not to continue any PrestoBiz service at anytime. In order to avoid paying for your next "service month" on a recurring month-to-month service, simply cancel the service before your next "service month". In order to avoid reverting a prepaid recurring service to a recurring month-to-month service, simply cancel the service before the end of your prepaid period. No refunds will be made on any prior or current "service months" or any prior or current prepaid period, even if the current "service month" or prepaid period hasn't actually been billed to your credit card. All one-time PrestoBiz services are executed immediately and are therefore not refundable.

SECTION 3: PRESTOMART, PRESTOSTORE, PRESTOFORM and WEBSITES BY PRESTOBIZ SERVICES TERMS AND CONDITIONS 

Acceptance of Terms 

PrestoBiz Services are provided to you under the PrestoBiz Terms of Use Agreement as well as this Service Terms and Conditions Agreement (together the "Agreement"). 

The Service 

Subject to the terms of this Agreement, PrestoBiz will provide Services, which include hosting of e-commerce solutions and/or Internet websites ("Websites" or "Hosting" or "Hosting Network"). In addition, some Services include access to certain PrestoBiz Software ("Software") to facilitate the creation and maintenance of Websites. 

PrestoBiz Suppliers 

Some or all web hosting services obtained through PrestoBiz is outsourced to third-party service providers. Therefore, the terms and conditions stated within this agreement apply to PrestoBiz and its service providers. You understand and agree that since these service providers work on behalf of PrestoBiz to provide the hosting service, we may be required to share some or all of your personally identifiable information with them. For more information, refer to our Privacy Policy

User-Supplied Content 

All services may be used for lawful purposes only. Through these Services, you may have access to chat areas, bulletin boards, web pages, email, or other services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates an US Federal, State, or Local law. You are solely responsible for the content you make accessible through the PrestoBiz Hosting Network. You may not use the Service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations. PrestoBiz is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, PrestoBiz has the right, but not the obligation, to edit, remove or deny access to such content. PrestoBiz may disclose any content or records concerning customer's account as required to satisfy any law, regulation, governmental request or court order. 

Pornography and pornographic merchandising are prohibited on all hosting servers. This includes sites that display nudity, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Hosting servers or any other server on the Internet. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed 

Customers may not use the Hosting Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. PrestoBiz will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. 

Commercial Advertising/ Mass Mailings 

You must not use the Hosting Network, equipment or any email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Hosting Network, equipment or any email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages. 

If you are found to have spammed, without warning, PrestoBiz reserves the right to disable your domain. PrestoBiz solely reserves the right to refuse or cancel service to known spammers. Lastly, PrestoBiz reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. 

Distribution and/or Transmission of Obscene or Indecent Speech or Materials 

Violation of indecency and obscenity laws can result in criminal penalties. 

Intellectual Property Rights 

Material accessible to you through these Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use these Services in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Hosting Network. If you use a domain name in connection with the Hosting Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. 

Defamation 

Defamatory speech distributed over the Internet can result in civil liability for the defamer. 

Refusal of Service 

PrestoBiz reserves the right at its sole discretion to refuse or cancel service. Violation of any of PrestoBiz Terms and Conditions could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. 

Indemnification 

Customer agrees that it will protect, indemnify, save and hold PrestoBiz and Zing! Inc. harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against PrestoBiz and Zing! Inc., its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold PrestoBiz and Zing! Inc. harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with these Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from the Hosting Network. 

Disclaimer 

PrestoBiz will not be responsible for any damages your business may suffer. PrestoBiz makes no warranties of any kind, expressed or implied for services we provide. PrestoBiz disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by PrestoBiz and its employees. PrestoBiz reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation. 

PrestoBiz furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, PrestoBiz wishes to emphasize that in accepting services, customers indemnify PrestoBiz for the violation of any law or Services policy, that results in loss to PrestoBiz or the bringing of any claim against PrestoBiz. This means that if PrestoBiz is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against PrestoBiz, plus costs and reasonable attorneys' fees. 

Commercial User 

Notwithstanding the provision "No Resale of Service" under the PrestoBiz Terms of Use, you may use the Services for certain commercial purposes. However, in doing so, you expressly agree with the following: 

You are responsible for all goods and services offered in connection with the Services, all materials used or displayed in connection with Services, and all acts or omissions that occur at the Website or in connection with your account or password. You will display on the Website contact information, including at a minimum your company name, address, telephone number, fax number and e-mail address. You agree to update such information and to keep it true, accurate, current and complete. You may not resell, assign or transfer your rights or obligations under the Agreement. You may not use the Services in a manner which principally provide advertising, hosting, storage, or other resources to third parties. 

You represent and warrant that you have the full power and authority under all relevant laws and regulations to offer and sell the goods and services offered in connection with the Services, 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 in connection with the Services. 

PrestoBiz reserves the right to refuse to host or continue to host any Website or any materials which it believes, in its sole discretion: (1) offers for sale goods or services, or uses or displays materials, that are illegal, obscene, vulgar, offensive, dangerous, or are otherwise inappropriate; (2) in connection with which it has received complaints; (3) has become the subject of a government complaint or investigation; or (4) violates or threatens to violate the letter or spirit of the Agreement. 

Collection of Personal Data 

Notwithstanding the restriction on storing and collecting personal data about other users in the PrestoBiz Terms of Use, you may collect and store personal data of visitors to your Websites. However, in doing so you, expressly agree with the following: 

You will inform all such visitors that you are collecting such information and clearly disclose all the uses you will make of such information. You will use such information only in a manner consistent with your disclosures, and applicable laws and government regulations, including, by way of example and without limitation, applicable laws and government regulations regarding "spam" and the unsolicited mass distribution of information. You will also provide such visitors with an easily accessible mechanism for "opting-out" of mailings from (or other contact with) you. If any such visitor requests or if PrestoBiz requests on behalf of any such visitor that you remove all information relating to such visitor from your databases and other records (maintained with PrestoBiz or elsewhere), then you will promptly remove such information from your databases and other records. You will comply with all other limitations described in in the PrestoBiz Terms of Use. 

Content Submitted to Web Site 

PrestoBiz does not claim ownership of the information, data, text, software, music, sound, photographs, graphics, video, messages or other materials that you provide for inclusion on your Website (your "Content"). By submitting Content to PrestoBiz for inclusion on your Website, you grant PrestoBiz the world-wide, royalty-free, and non-exclusive license to reproduce, execute, modify, adapt and publish the Content solely in connection with your Services. This license exists only for as long as PrestoBiz continues to provide you the Services and will terminate at the time your Services are terminated. 

You acknowledge that PrestoBiz does not pre-screen Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. 

Termination and Payment Policies 

You are responsible for all money owed on your account from creation to confirmed cancellation per PrestoBiz Service Terms and Conditions. 

Transferring a domain away from PrestoBiz does not automatically cancel your account. 

PrestoBiz may, but has no duty to, immediately terminate your Services and remove your Website or any of your materials from PrestoBiz servers if PrestoBiz, in its sole discretion, concludes that you have engaged in illegal activities or the sale of illegal or harmful goods or services, in activities or sales that may damage the rights of PrestoBiz or others, or have violated or threatened to violate the terms of the Agreement. Any termination under this paragraph will take effect immediately. In the event that PrestoBiz terminates your Services in connection with this paragraph, you will not be entitled to a refund of any fees you have paid to PrestoBiz. 

In addition, PrestoBiz may terminate your Services at its convenience. However, in the event that PrestoBiz elects to terminate your Service at its convenience, as your only remedy, PrestoBiz will refund to you a prorated amount of fees which you have pre-paid. 

Last Updated: 01/01/2006

Close

Terms of Use Agreement

PRESTOBIZ TERMS OF USE AGREEMENT 

This Web site is owned and operated by Zing! Inc. and/or Zing! Inc. subsidiary "PrestoBiz.com" or "PrestoBiz". (throughout these Terms of Use "PrestoBiz" or "PrestoBiz.com" refers collectively to Zing! Inc. and its subsidiaries and related companies) (the "Site"). PrestoBiz maintains the Site as a service to its visitors, subject to the following terms and conditions concerning the use of the Site ("Terms of Use"). When you use the Site, you accept the Terms of Use; if you do not agree to the Terms of Use you may not use the Site. PrestoBiz reserves the right to modify content on the Site and these Terms of Use periodically without prior notice. You can review the most current version of the Terms of Use at any time at http://www.prestobiz.com/tou.htm. 

Products and Services Offered By PrestoBiz on the Site 

PrestoBiz offers products and services on the Site. When you enroll to obtain a product or service ("Service") from PrestoBiz on the Site, you must accept the specific agreement applicable to that product or service contained within PrestoBiz's Service Terms and Conditionsagreement. Your use of any such product or service offered on the Site is governed by the terms and conditions in the Service Terms and Conditions agreement for that product or service as well as the billing, payment, service cancellation and refund policies for all PrestoBiz paid services, also provided in the Service Terms and Conditions agreement. Except as provided in that agreement, PrestoBiz does not warrant that any product descriptions or content contained in this Web site is accurate, current, reliable, complete or error-free. 

You are responsible for obtaining access to PrestoBiz and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. 

PrestoBiz Affiliate Program 

Any affiliate program offered by PrestoBiz has a specific Affiliate Agreement applicable to that program. Your participation in any affiliate program is subject to your acceptance of the program's specific Affiliate Agreement. 

Use of Content on the Site 

You may view, download and print contents from the Site subject to the following conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein. 

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PrestoBiz without the express written consent of PrestoBiz. You may not use any meta tags or any other "hidden text" utilizing PrestoBiz's name or trademarks without the express written consent of PrestoBiz. You may not use any PrestoBiz logo or other proprietary graphic or trademark as part of the link without express written permission. 

You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the permission or license granted by PrestoBiz. 

Reviews, Comments, Communications, And Other Content 

You may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information. 

By submitting information, you grant PrestoBiz a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute and display such content throughout the world in any media. By submitting information you also represent and warrant that the content is accurate; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity. 

Copyright Information 

The Site and the content within the Site are the property of PrestoBiz or its suppliers and are protected by United States copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are the exclusive property of PrestoBiz. PrestoBiz reserves all rights in the Site and its content not specifically granted in any agreements with PrestoBiz or in the Terms of Use. 

Copyright Complaints 

PrestoBiz respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us

Privacy Policy 

Because we respect your right to privacy, we have developed a Privacy Policy to inform you about our privacy practices. Please view our Privacy Policy for more information. 

PrestoBiz Communications 

PrestoBiz sends e-mail messages to members on a periodic basis. These messages may contain information regarding your account and descriptions of PrestoBiz services that may be appropriate for you or your business. By registering as a member of PrestoBiz, you agree ("opt-in") that PrestoBiz may send these messages to the e-mail account specified in your PrestoBiz profile. 

Third Party Web Sites and Information 

The Site may provide hyperlinks to third party Web sites or access to third party content. PrestoBiz does not control, endorse, or guarantee content found in such sites. You agree that PrestoBiz is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that PrestoBiz shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only. 

Registration Obligations 

In consideration of your use of a Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PrestoBiz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PrestoBiz has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). 

You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify PrestoBiz of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PrestoBiz cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. 

User Content 

You agree to not use PrestoBiz to: 

a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 

b. harm minors in any way; 

c. impersonate any person or entity, including, but not limited to, a PrestoBiz official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; 

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; 

e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 

f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; 

g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 

h. upload, post, email, transmit or otherwise make available any material that contains 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; 

i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; 

j. 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; 

k. "stalk" or otherwise harass another; or 

l. collect or store personal data about other users. 

You acknowledge that PrestoBiz does not pre-screen Content, but that PrestoBiz and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, PrestoBiz and its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by PrestoBiz or submitted to PrestoBiz. 

You acknowledge and agree that PrestoBiz may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of PrestoBiz, its users and the public. 

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 

PrestoBiz does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant PrestoBiz the following world-wide, royalty free and non-exclusive license(s), as applicable: 

With respect to Content you submit or make available for inclusion on publicly accessible areas of PrestoBiz, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific PrestoBiz Service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or PrestoBiz removes such Content from the Service. 

With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or PrestoBiz removes such Content from the Service. 

With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. 

"Publicly accessible" areas of the Service are those areas of the PrestoBiz network of properties that are intended by PrestoBiz to be available to the general public. 

Modifications to Service 

PrestoBiz reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Services (or any part thereof) with or without notice. You agree that PrestoBiz shall not be liable to you or to any third party for any modification, suspension or discontinuance of Services. 

Terminations 

You agree that PrestoBiz, in its sole discretion, may terminate your password, account (or any part thereof) or use of any Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if PrestoBiz believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. PrestoBiz may also in its sole discretion and at any time discontinue providing Services, or any part thereof, with or without notice. You agree that any termination of your access to any Services under any provision of this Terms of Use or Service Terms and Conditions may be effected without prior notice, and acknowledge and agree that PrestoBiz may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that PrestoBiz shall not be liable to you or any third-party for any termination of your access to the Service. 

PrestoBiz Proprietary Rights 

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by PrestoBiz, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. 

PrestoBiz grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by PrestoBiz for use in accessing the Service. 

DISCLAIMER 

EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND PRESTOBIZ, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. PRESTOBIZ AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY PRESTOBIZ ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. PRESTOBIZ DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE WILL: MEET YOUR REQUIREMENTS; THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 

SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND PRESTOBIZ, PRESTOBIZ, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF PRESTOBIZ, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PRESTOBIZ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PRESTOBIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

Indemnity 

You agree to defend, indemnify, and hold harmless PrestoBiz, employees, attorneys and agents ("Indemnitees") against all claims, expenses, liabilities, losses, costs and damages, including reasonable attorney's fees, that the Indemnitees may incur (i) in connection with your use of the Site or any Site Service or any hyperlinked Web site or (ii) resulting from content you supply. 

Errors and Omissions 

All information and offers displayed on PrestoBiz is subject to errors, omissions, change of price, or withdrawal without notice. 

Applicable Laws 

All matters relating to your access to and use of the Site shall be governed by U.S. federal law and/or the laws of the State of Wisconsin without regard to its conflict of law principles. Any legal action or proceeding relating to your access to or use of the Site shall be instituted in a state or federal court in the jurisdiction of the State of Wisconsin. 

If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of the Terms of Use and the Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable. 

Contact Information 

If you have any questions regarding these Terms of Use, please contact us

Last Updated: 01/01/2006

Close

Privacy Policy

PRESTOBIZ PRIVACY POLICY  

PrestoBiz takes your privacy very seriously. PrestoBiz does not sell or rent your personally identifiable or transaction-collected information to any third parties. Please read the following to learn more about our privacy policy. 


What this Privacy Policy Covers 

This Privacy Policy covers PrestoBiz's treatment of personally identifiable information that PrestoBiz collects when you are on a PrestoBiz services site and when you use PrestoBiz services as a member. This policy does not apply to the practices of companies that PrestoBiz does not own or control, or to people that PrestoBiz does not employ or manage. 


Information Collection and Use 

PrestoBiz collects personally identifiable information when you register for a PrestoBiz account, when you use certain PrestoBiz products or services, and when you visit PrestoBiz pages. Once you register with PrestoBiz and sign in to our services, you are not anonymous to us. PrestoBiz may automatically receive and record information on our server logs from your browser including your IP address, PrestoBiz cookie information and the page you requested.  PrestoBiz may use this information for three general purposes: to customize the content you see, to fulfill your requests for certain products and services, and to contact you about account concerns/problems.

 

Transaction Information

 

When you use a PrestoBiz service to collect transaction information (orders, registrations, donations, payments) from a third-party customer, we collect information related to each transaction, including the name and address of the third-party, the phone number of the third-party, the e-mail address of the third party, amount of the transaction, the type of transaction, and transaction details. We retain this information for each of your transactions through the PrestoBiz service until you remove it or request all information to be removed.


PrestoBiz Communications 

PrestoBiz sends e-mail messages to members on a periodic basis. These messages may contain information regarding your account and descriptions of PrestoBiz services that may be appropriate for you or your business. By registering as a member of PrestoBiz, you agree ("opt-in") that PrestoBiz may send these messages to the e-mail account specified in your PrestoBiz profile. 

 

Information Sharing and Disclosure 

PrestoBiz never sells or rents any specific membership information, including e-mail addresses, to any outside organization or individual. However, as additional services are purchased from PrestoBiz, membership information may be shared with PrestoBiz service providers in order to complete service. 

PrestoBiz is required to send personally identifiable information about you to other (third party) companies or people when:

  • We need to share your information to provide the product or service you have requested;

  • We need to send the information to companies who work on behalf of PrestoBiz to provide a product or service to you;

  • We respond to subpoenas, court orders or a legal process;

  • We find that your actions on our web sites violate the PrestoBiz Terms of Use or Service Terms and Conditions, or any of our usage guidelines for specific products or services.

 

Transaction Information

PrestoBiz never sells, rents or shares any specific transaction information including third-party customer information or transaction detail information to any outside organization or individual.

 

Cookies 

PrestoBiz may set and access PrestoBiz cookies on your computer. PrestoBiz may allow other companies that are presenting advertisements on some of our pages to set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to PrestoBiz cookies. 


Your Ability to Edit Your Account Profile Information 

PrestoBiz gives you the ability to edit your PrestoBiz Account Profile Information at any time. 


Security 

Your PrestoBiz Account is password-protected for your privacy and security. In certain areas PrestoBiz uses industry-standard SSL-encryption to protect sensitive data transmissions. 


Changes to this Privacy Policy 

PrestoBiz may amend this policy from time to time without prior notice. You can review the most current version of the PrestoBiz Privacy Policy at any time at http://www.prestobiz.com/pp.htm. 


Last Updated: 01/01/2006

 

Close

Terms of Use Agreement

PRESTOBIZ TERMS OF USE AGREEMENT 

This Web site is owned and operated by Zing! Inc. and/or Zing! Inc. subsidiary "PrestoBiz.com" or "PrestoBiz". (throughout these Terms of Use "PrestoBiz" or "PrestoBiz.com" refers collectively to Zing! Inc. and its subsidiaries and related companies) (the "Site"). PrestoBiz maintains the Site as a service to its visitors, subject to the following terms and conditions concerning the use of the Site ("Terms of Use"). When you use the Site, you accept the Terms of Use; if you do not agree to the Terms of Use you may not use the Site. PrestoBiz reserves the right to modify content on the Site and these Terms of Use periodically without prior notice. You can review the most current version of the Terms of Use at any time at http://www.prestobiz.com/tou.htm. 

Products and Services Offered By PrestoBiz on the Site 

PrestoBiz offers products and services on the Site. When you enroll to obtain a product or service ("Service") from PrestoBiz on the Site, you must accept the specific agreement applicable to that product or service contained within PrestoBiz's Service Terms and Conditionsagreement. Your use of any such product or service offered on the Site is governed by the terms and conditions in the Service Terms and Conditions agreement for that product or service as well as the billing, payment, service cancellation and refund policies for all PrestoBiz paid services, also provided in the Service Terms and Conditions agreement. Except as provided in that agreement, PrestoBiz does not warrant that any product descriptions or content contained in this Web site is accurate, current, reliable, complete or error-free. 

You are responsible for obtaining access to PrestoBiz and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. 

PrestoBiz Affiliate Program 

Any affiliate program offered by PrestoBiz has a specific Affiliate Agreement applicable to that program. Your participation in any affiliate program is subject to your acceptance of the program's specific Affiliate Agreement. 

Use of Content on the Site 

You may view, download and print contents from the Site subject to the following conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein. 

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PrestoBiz without the express written consent of PrestoBiz. You may not use any meta tags or any other "hidden text" utilizing PrestoBiz's name or trademarks without the express written consent of PrestoBiz. You may not use any PrestoBiz logo or other proprietary graphic or trademark as part of the link without express written permission. 

You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the permission or license granted by PrestoBiz. 

Reviews, Comments, Communications, And Other Content 

You may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information. 

By submitting information, you grant PrestoBiz a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute and display such content throughout the world in any media. By submitting information you also represent and warrant that the content is accurate; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity. 

Copyright Information 

The Site and the content within the Site are the property of PrestoBiz or its suppliers and are protected by United States copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are the exclusive property of PrestoBiz. PrestoBiz reserves all rights in the Site and its content not specifically granted in any agreements with PrestoBiz or in the Terms of Use. 

Copyright Complaints 

PrestoBiz respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us

Privacy Policy 

Because we respect your right to privacy, we have developed a Privacy Policy to inform you about our privacy practices. Please view our Privacy Policy for more information. 

PrestoBiz Communications 

PrestoBiz sends e-mail messages to members on a periodic basis. These messages may contain information regarding your account and descriptions of PrestoBiz services that may be appropriate for you or your business. By registering as a member of PrestoBiz, you agree ("opt-in") that PrestoBiz may send these messages to the e-mail account specified in your PrestoBiz profile. 

Third Party Web Sites and Information 

The Site may provide hyperlinks to third party Web sites or access to third party content. PrestoBiz does not control, endorse, or guarantee content found in such sites. You agree that PrestoBiz is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that PrestoBiz shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only. 

Registration Obligations 

In consideration of your use of a Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PrestoBiz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PrestoBiz has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). 

You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify PrestoBiz of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PrestoBiz cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. 

User Content 

You agree to not use PrestoBiz to: 

a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 

b. harm minors in any way; 

c. impersonate any person or entity, including, but not limited to, a PrestoBiz official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; 

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; 

e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 

f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; 

g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 

h. upload, post, email, transmit or otherwise make available any material that contains 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; 

i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; 

j. 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; 

k. "stalk" or otherwise harass another; or 

l. collect or store personal data about other users. 

You acknowledge that PrestoBiz does not pre-screen Content, but that PrestoBiz and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, PrestoBiz and its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by PrestoBiz or submitted to PrestoBiz. 

You acknowledge and agree that PrestoBiz may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of PrestoBiz, its users and the public. 

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 

PrestoBiz does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant PrestoBiz the following world-wide, royalty free and non-exclusive license(s), as applicable: 

With respect to Content you submit or make available for inclusion on publicly accessible areas of PrestoBiz, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific PrestoBiz Service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or PrestoBiz removes such Content from the Service. 

With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or PrestoBiz removes such Content from the Service. 

With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. 

"Publicly accessible" areas of the Service are those areas of the PrestoBiz network of properties that are intended by PrestoBiz to be available to the general public. 

Modifications to Service 

PrestoBiz reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Services (or any part thereof) with or without notice. You agree that PrestoBiz shall not be liable to you or to any third party for any modification, suspension or discontinuance of Services. 

Terminations 

You agree that PrestoBiz, in its sole discretion, may terminate your password, account (or any part thereof) or use of any Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if PrestoBiz believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. PrestoBiz may also in its sole discretion and at any time discontinue providing Services, or any part thereof, with or without notice. You agree that any termination of your access to any Services under any provision of this Terms of Use or Service Terms and Conditions may be effected without prior notice, and acknowledge and agree that PrestoBiz may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that PrestoBiz shall not be liable to you or any third-party for any termination of your access to the Service. 

PrestoBiz Proprietary Rights 

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by PrestoBiz, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. 

PrestoBiz grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by PrestoBiz for use in accessing the Service. 

DISCLAIMER 

EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND PRESTOBIZ, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. PRESTOBIZ AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY PRESTOBIZ ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. PRESTOBIZ DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE WILL: MEET YOUR REQUIREMENTS; THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 

SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND PRESTOBIZ, PRESTOBIZ, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF PRESTOBIZ, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PRESTOBIZ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PRESTOBIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

Indemnity 

You agree to defend, indemnify, and hold harmless PrestoBiz, employees, attorneys and agents ("Indemnitees") against all claims, expenses, liabilities, losses, costs and damages, including reasonable attorney's fees, that the Indemnitees may incur (i) in connection with your use of the Site or any Site Service or any hyperlinked Web site or (ii) resulting from content you supply. 

Errors and Omissions 

All information and offers displayed on PrestoBiz is subject to errors, omissions, change of price, or withdrawal without notice. 

Applicable Laws 

All matters relating to your access to and use of the Site shall be governed by U.S. federal law and/or the laws of the State of Wisconsin without regard to its conflict of law principles. Any legal action or proceeding relating to your access to or use of the Site shall be instituted in a state or federal court in the jurisdiction of the State of Wisconsin. 

If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of the Terms of Use and the Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable. 

Contact Information 

If you have any questions regarding these Terms of Use, please contact us

Last Updated: 01/01/2006

Close