Terms of Service

1. ACCEPTANCE OF TERMS
Good Things – Small Packages, LLC (“GTSP”) through the Internet site www.localbusinesswebsites.com, offers a service to provide an affordable and functional way to maintain a professional looking Internet presence (the “Service”), conditioned upon your acceptance, without modification, of the terms and conditions (the “Agreement”) contained herein. GTSP reserves the right to update and change the Agreement from time to time without notification or acceptance from you. Any modifications will be effective upon posting on the www.localbusinesswebsites.com website. You must accept the terms of this agreement in order to use the Service. The Agreement will be applicable as well during your use of the Service on a trial basis prior to any payment for the Service.

BY CLICKING ON THE “I AGREE” BUTTON DURING THE SERVICE SIGNUP PROCESS OR BY MEANS OF YOUR HANDWRITTEN SIGNATURE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT THEN DO NOT CLICK THE “I AGREE” BUTTON OR PROVIDE A WRITTEN SIGNATURE AND DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF ANY MODIFICATION TO THIS AGREEMENT, THEN YOU MUST IMMEDIATELY NOTIFY US AND TERMINATE YOUR USE OF THE SERVICE.

2. DESCRIPTION OF SERVICES
GTSP provides you with an individual website on GTSP’s master website (collectively “Site”) on one of GTSP’s Internet servers. The Service allows for you to determine the content of your individual website (images, videos, music, sound and text) and to select from various templates to customize the appearance of your individual website. Your individual site will display the properly formatted or encoded content you provide as a fully functioning Site using GTSP proprietary software to visitors using supported web browsers. You do not own and are not purchasing an individual site or Site from GTSP. The monthly fees you pay to GTSP are for licensing your use of the software used to provide the Service, as well as the Internet hosting of the Site, only. Any fees paid to GTSP for conversion or preparation of materials to display on your individual site are for the time and effort required to convert or prepare the material and do not constitute the purchase of your individual site or any of the software or other components used to provide you with this Service. Fees for this Service, as well as one-time fees for additional services, are subject to change at any time and will be available at all times on the www.localbusinesswebsites.com website.

New features and tools may be added to the Service by GTSP at any time and shall be subject to these same Terms of Service. Certain features or tools may be removed from the Service as a result of changing Internet or computer technologies or in response to lack of demand. Your individual site is allocated a limited amount of storage space and network bandwidth determined by GTSP. The amount of storage and network bandwidth may change at any time.

You agree not to access the Service by any means other than the interfaces provided by GTSP for use in accessing the Service.

3. REGISTRATION
In order to use this Service you must have a valid Account. When you register for the Service with GTSP, providing your name and contact information as well as a valid charge card account for billing, you will be issued an Account and a Username to identify your Account. Your Username, combined with a Password of your selection, will be used to restrict access to your Account. You are solely responsible for maintaining the confidentiality of your Username and Password, and are fully responsible for all activities that occur using your Account. You agree to notify GTSP immediately upon any unauthorized use of your Account, modification to your individual site or other breach of security. GTSP cannot and will not be liable for any loss or damage arising from your failure to comply with the requirements of this section. You acknowledge and agree that under no circumstances will GTSP be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. In consideration of your use of this Service, you agree to: (a) provide true, accurate, current and complete information about yourself during the registration process, and (b) maintain and update this information to keep it true, accurate, current and complete at all times. GTSP will have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) if any information that you provide is untrue, inaccurate, not current or incomplete, or GTSP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.

You may begin to use the Service immediately after you have registered.

4. BILLING AND PAYMENT FOR THE SERVICE
Payment for the Service occurs on a monthly basis and is non-refundable. All fees and other currency references are in US dollars.

If you choose to cancel the Service your cancellation must be in writing, and it will take effect as determined by GTSP, in its sole discretion, but no later than the second full business day after GTSP’s reception of the cancellation notice; you will no longer be able to access your individual site and the information contained within will be deleted by GTSP. You agree that GTSP is not liable for any loss or damages due to such deleted content or information. In the event that the domain name used by your individual site was purchased by GTSP, you are responsible for requesting that it be transferred into your name upon your cancellation of the Service. GTSP is not liable for loss or damages due to the expiration of a domain name for which the corresponding Service has been canceled.

GTSP, in its sole discretion, may terminate your Account, Service or remove and discard any information or content within the Service, for any reason, including and without limitation, non-payment of fees, lack of use, or if GTSP believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Any contracts, written or verbal or assumed, in conjunction with your individual site will be terminated as well. GTSP may also in its sole discretion and at any time, discontinue the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that GTSP may immediately deactivate or delete your individual site, as applicable, and all related information and files. GTSP reserves the right to bar any further access to such files or the Service. You agree that GTSP shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded.

5. CONTENT AND OBLIGATIONS
You understand that all information, data, text, music, sound, photographs, graphics, video or other materials contained in your individual site (“Content”) are the sole responsibility of the person from which such Content originated. This means that you, and not GTSP, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. GTSP does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

Under no circumstances will GTSP be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted,

transmitted or otherwise made available via the Service. You acknowledge that GTSP does not pre-screen Content, but that GTSP and our designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, GTSP and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content. You acknowledge and agree that GTSP 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 this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of GTSP its users and the public.

Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in GTSP’s sole discretion as to what action should be taken. You agree that you will not:

(a) upload, post or otherwise transmit any Content that infringes any copyright, rights of privacy or publicity, patent, trademark, trade secret, or other proprietary rights of any party;

(b) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

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

(d) upload, post, or transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as (a) sending mass email to recipients who haven’t requested email from you or with a fake return address,

(b) promoting a site with inappropriate links, titles, descriptions;

(e) upload, post or otherwise transmit 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;

(f) 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;

(g) intentionally or unintentionally violate any applicable local, state, national or international law;

(h) offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) GTSP determines, in its sole discretion, is inappropriate for sale through the Service provided by GTSP;

(i) use the Service as a forwarding service to another website that is for any reason objectionable to GTSP in GTSP’s sole discretion;

(j) exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples Content.

If you are reported to be in violation with the letter or spirit of these terms, GTSP retains the right to terminate your account at any time without further warning.

You understand that the technical processing and transmission of your Content in the execution of the Service may involve modifications to or transformation of such Content, including but not limited to:(a) compression of data,(b) resizing of images, formatting or reformatting of textual data.

6. CONTENT SUBMITTED BY YOU
GTSP does not claim ownership of the Content you place on your individual site using the Service. By submitting Content to GTSP for inclusion on your individual site, you grant GTSP a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, transfer, perform, distribute, create derivative works from, publish and display the Content solely for the purpose of providing the Service to you. This license exists only for as long as you continue to subscribe to the Service and shall be terminated immediately at the time your individual site is terminated. You agree that such use of your Content is not an infringement of any of your intellectual property rights.

7. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property, as defined below, owned by or which is otherwise the property of GTSP, including but not limited to, accessories, parts, or software relating to GTSP, is proprietary to GTSP and protected under federal laws, state laws, and international treaty provisions. Intellectual Property includes, but is not limited to, inventions (patentable or unpatentable), patents, trade secrets, copyrights, service marks, software, computer programs, and related documentation and other works of authorship. You may not infringe or otherwise violate the rights secured by the Intellectual Property. Moreover, you agree that you will not (and will not attempt to) modify, prepare derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to create source code from the software or Service. No title to or ownership in the Intellectual Property is transferred to you. All applicable rights of the Intellectual Property shall remain with GTSP.

You acknowledge and agree that the Service and the computer software, data files, graphic design and other information of which it consists are solely the Intellectual Property of GTSP. Your use of the Service does not constitute a purchase of your individual site, the Site, or any of the components used in the delivery of the Service. You agree not to modify, sell, lease, rent, loan, distribute or create derivative works based on the Service.

8. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. PRIVACY
GTSP is committed to protecting your privacy. The information that is collected from you will be used lawfully; in accordance with the Data Protection Act of 1998. Information that is collected about you is used by GTSP to provide the Service to you and to improve the Service.

GTSP will not sell, offer, trade, transfer or submit your details to any other entity except as required by law or court order. The personal information which GTSP holds will always be held securely in accordance with our internal security policy and the law.

10. INDEMNITY
You agree to indemnify and hold GTSP and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GTSP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) GTSP MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND 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.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GTSP OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GTSP 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 GTSP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OF 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, DATA, USER-CONFIGURED SETTINGS, OR UPLOADED CONTENT; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

13. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations above (particularly within the DISCLAIMER OF WARRANTIES and LIMITATIONS OF LIABILITY) may not apply to you.

14. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by GTSP.

15. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on the Service.

16. JURISDICTION
This Agreement and the relationship between you and GTSP shall be governed by the laws of the State of Alabama. You and GTSP agree to submit to the personal and exclusive jurisdiction of the courts located within Alabama.

17. GENERAL
The failure of GTSP to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The terms and conditions herein constitute the entire agreement between you and GTSP and govern your use of the Service, superseding any prior agreements between you and GTSP (including, but not limited to, any prior versions of the Agreement).

You also may be subject to additional terms and conditions that may apply when you use affiliate or other GTSP services, third-party content or third-party software. If any provision of this Agreement or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.