LookyLooz.com Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS") AND THE ACCEPTABLE USAGE GUIDELINES FOR LOOKYLOOZ.COM SERVICES ("GUIDELINES") BEFORE PLACING ANY CONTENT ON YOUR LOOKYLOOZ.COM WEBSITE. THESE TERMS AND CONDITIONS AND THE GUIDELINES GOVERN YOUR USE OF LOOKYLOOZ.COM SERVICES, INCLUDING WITHOUT LIMITATION COMPUTING AND INFORMATION SERVICES, PROVIDED BY LOOKYLOOZ.COM. BY CLICKING ON THE "SIGN UP TODAY" BUTTON AND/OR USING LOOKYLOOZ.COM SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE GUIDELINES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD CONTACT US IMMEDIATELY AT THE EMAIL ADDRESS LISTED BELOW AND TELL US YOU DO NOT AGREE, AND YOUR ACCOUNT WILL BE DE-ACTIVATED.

If at any time after activation of your account for LOOKYLOOZ.COM Services, you do not agree to be bound by these Terms and Conditions, you should immediately end your use of LOOKYLOOZ.COM Services. LOOKYLOOZ.COM may change these Terms and Conditions and the Guidelines at any time. Such changes and their effective date will be posted on the LOOKYLOOZ.COM website at http://www.LookyLooz.com  and/or LOOKYLOOZ.COM will attempt to notify you of these changes through other means. You agree to review changes to these Terms and Conditions and the Guidelines and if any change is not acceptable to you, you agree to terminate any and all usage of LOOKYLOOZ.COM Services. Your continued use of LOOKYLOOZ.COM Services after the effective date of any such change constitutes your acceptance of all of the changes.

1.0 General

LOOKYLOOZ.COM reserves the right to prohibit any conduct or to remove any materials or content in violation of these Terms and Conditions, the Guidelines or anything that LOOKYLOOZ.COM believes in its sole discretion to be illegal or potentially harmful to others or may expose LOOKYLOOZ.COM to liability. LOOKYLOOZ.COM may suspend or terminate your account for LOOKYLOOZ.COM Services at any time for any reason (including, but not limited to, if LOOKYLOOZ.COM determines that you have failed to comply with any of these Terms and Conditions or the Guidelines). Before terminating your account, LOOKYLOOZ.COM will use reasonable efforts to contact you using the information contained in the sign-up form that you submitted to LOOKYLOOZ.COM. It is your responsibility alone to ensure that this information is complete and accurate at all times.

2.0 LOOKYLOOZ.COM Services

Web Hosting. LOOKYLOOZ.COM will provide LOOKYLOOZ.COM web hosting to you for the term you identified at the rate agreed upon, subject to your compliance with these Terms and Conditions and the Guidelines.

Collection and Use of Personal Information. In connection with providing LOOKYLOOZ.COM Services, LOOKYLOOZ.COM will collect information about you and about your usage of LOOKYLOOZ.COM Services. LOOKYLOOZ.COM will not provide the information and data it collects about you (including information about your computer system and platform) to third parties, including advertisers, clients, marketing organizations and others, unless you specifically request LOOKYLOOZ.COM to do so or except as may be required by law.

E-mail. Abuse of LOOKYLOOZ.COM e-mail account services is considered a violation of our Terms and Conditions and our Guidelines. One of the most serious abuses is using your account to send unsolicited commercial e-mail, otherwise known as "spam." The following are examples of spam (but not limited to).

Prohibited e-mail Activities:

Commercial e-mail: Defined as sending unsolicited commercial e-mails. This is prohibited. You are not permitted to use your LOOKYLOOZ.COM account or e-mail alias/account to send unsolicited commercial or private e-mail. Using an e-mail address hosted anywhere on LOOKYLOOZ.COM Services to collect responses from unsolicited commercial e-mail is prohibited.

Mail bombing: Defined as sending large volumes of unsolicited e-mail to individuals from your LOOKYLOOZ.COM account. This is strictly prohibited.

Harassment: Defined as sending threatening or harassing e-mail after being requested to stop, is prohibited. Extremely threatening or harassing e-mail is not allowed and is against the law.

Fraud: Defined as incorporating a false subject line, false return address or false transmission path into any e-mail sent using LOOKYLOOZ.COM Service.

Inappropriate e-mail Activities:

Newsgroup spamming: Defined as excessive cross-posting, or posting the same article to several newsgroups. This is prohibited. Generally accepted standards allow no more than 5 newsgroups, or cross-postings, for a single article or substantially similar articles. Such articles will be deleted. You are not allowed to use your LOOKYLOOZ.COM based e-mail to SPAM the newsgroups.

Off topic or inappropriate postings: There is no restriction on content, except as defined by each newsgroup. Continued posting of off-topic articles is prohibited. Please note that commercial advertisements are off-topic in the vast majority of newsgroups.

We take a very strict line against SPAM. It is one of the most annoying things encountered on the Internet. Any LOOKYLOOZ.COM customer found to be spamming will have his or her account deleted. If we find that you have violated our Guidelines, we will report you and the incident to the proper local, state and federal authorities.

We are not attempting to censor, nor are we attempting to curtail the business of our customers. But as a whole, spamming hurts the Internet, our members and LOOKYLOOZ.COM more than it helps the spammer.

To report a case of SPAM, direct all email to: "support @ lookylooz.com"

3.0 Your Obligations

Registration Information. You must register for LOOKYLOOZ.COM Services using your own name. During the sign up process, you will be asked to provide the name or number you wish to use as your login identification. If the login identification you request is not available you will be asked to supply another login identification. LOOKYLOOZ.COM may wish to verify the accuracy of the information you submit in connection with your registration for LOOKYLOOZ.COM Services and you hereby consent to LOOKYLOOZ.COM contacting you or using other means to verify such information.

Other Charges. You are responsible for any charges related to use of Your LOOKYLOOZ.COM Services account, including charges for any purchases made through use of LOOKYLOOZ.COM Services and any surcharges incurred while using any supplemental services or features other than LOOKYLOOZ.COM Services which apply a surcharge. You are responsible for all amounts charged by your telephone company for all calls you make to LOOKYLOOZ.COM customer support lines and to access LOOKYLOOZ.COM Services. If you bypass, defeat or disable any portion of the LOOKYLOOZ.COM system, then you will be assessed, and you agree to pay LOOKYLOOZ.COM, a monthly fee of $1500.00 for as long as you maintain an account for LOOKYLOOZ.COM Services. Payment of this fee will not however excuse any criminal or other civil liabilities that may result from your actions or limit LOOKYLOOZ.COM right to suspend or terminate your account for LOOKYLOOZ.COM Services.

Accessing LOOKYLOOZ.COM Services. You are responsible for obtaining and maintaining, at your own expense, all input/output devices or equipment (such as modems, computer equipment and software) and communications services (including, without limitation, long distance or local telephone services) necessary to access LOOKYLOOZ.COM Services and for ensuring such equipment and services are compatible with LOOKYLOOZ.COM requirements.

Use Of Your LOOKYLOOZ.COM Account. You are responsible for all use of your account and for the security of your login identification and your password you use to protect access to your data, your file name(s) and files, network and user access, and any information you disseminate through use of LOOKYLOOZ.COM Services or through other Internet services. You may not transfer or permit any other person to use your account for LOOKYLOOZ.COM Services without written consent being sent to LOOKYLOOZ.COM.

Transmission and Receipt of Content LOOKYLOOZ.COM exercises no control whatsoever over the content of information passing through its network or equipment. It is foreseeable that disputes may arise between you and others or between you and LOOKYLOOZ.COM related to such content. Such disputes could involve, among other things, the use or misuse of domain names, the infringement of copyrights, trademarks or other rights in intellectual property, defamation, fraud and the use or misuse of information. you agree that all claims, disputes or wrongdoing which result from or which are related in any way to the content of information that you transmit, re-transmit or receive through LOOKYLOOZ.COM network or equipment are your sole and exclusive responsibility. LOOKYLOOZ.COM may elect to terminate your account if you use LOOKYLOOZ.COM Services to display, transmit or distribute copyrighted material without a license, valid defense or fair use to do so. Upon receiving notice that your account has been used for infringing activities, LOOKYLOOZ.COM may or may not issue one warning to you that your account may be terminated without further notice upon a subsequent occurrence of infringement, whether inadvertent or not.

4.0 Indemnification of LOOKYLOOZ.COM

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD LOOKYLOOZ.COM AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS) (COLLECTIVELY, "CLAIMS") ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE TERMS AND CONDITIONS OR USE (BY YOU OR ANY THIRD PARTY) OF LOOKYLOOZ.COM SERVICES THROUGH THE LOOKYLOOZ.COM ACCOUNT ASSIGNED TO YOU, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM LOOKYLOOZ.COM OWN NEGLIGENCE. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF THESE TERMS AND CONDITIONS OR OF LOOKYLOOZ.COM SERVICES PROVIDED TO YOU.

5.0 Warranty Disclaimers

YOU ACKNOWLEDGE THAT LOOKYLOOZ.COM SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF LOOKYLOOZ.COM SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF LOOKYLOOZ.COM SERVICES OR THAT LOOKYLOOZ.COM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. LOOKYLOOZ.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

6.0 Limitation of LOOKYLOOZ.COM Liability

IN NO EVENT SHALL LOOKYLOOZ.COM BE LIABLE UNDER ANY SECTION OF THESE TERMS AND CONDITIONS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT LOOKYLOOZ.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. LOOKYLOOZ.COM SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL LOOKYLOOZ.COM LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU OR LOOKYLOOZ.COM MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.

Some jurisdictions do not allow a limitation on liability for negligence that causes death or personal injury and, in such jurisdictions, LOOKYLOOZ.COM liability shall be limited to the greatest extent permitted by law.

7.0 Miscellaneous

Forces beyond our control. LOOKYLOOZ.COM shall not be liable for nonperformance or delay in performance caused by any event its beyond its reasonable control including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, strikes, lock-outs, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any other Act of God, any law, proclamation, regulation, ordinance, or other act or order of any court, government or governmental agency or delays, unavailability, errors or other failures of the Internet or other data networks.

Entire Agreement. These Terms and Conditions, the License Agreement and the Guidelines (the terms of which are hereby incorporated by reference) together constitute the sole agreement between LOOKYLOOZ.COM and you respecting the subject matter hereof and fully supersede any and all other agreements, either oral or in writing. You acknowledge and agree that You have read these Terms and Conditions, the License Agreement and the Guidelines and understand their terms.

Legal Actions. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The exclusive personal jurisdiction of and venue for all disputes arising out of these Terms and Conditions shall be the state and federal courts located in Orange County, California, USA and You consent to such jurisdiction and waive all objections to such jurisdiction and venue.

Severability. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to effect the original intentions of the parties, and the remainder of these Terms and Conditions shall remain in full force and effect.

No Waiver. Any failure of LOOKYLOOZ.COM to enforce any provision of these Terms and Conditions shall not constitute a waiver of any rights under such provision or any other provision of these Terms and Conditions.

8.0 How to Contact Us

Specific questions about these Terms and Conditions should be directed to: "sales @ LookyLooz.com"