PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE. These terms of service ("Terms") apply solely to your access to, and use of, the Web site of onemobi., registered under the name Insight Technologies Ltd. (collectively "onemobi"), located at www.onemobi.net (the "Site") and the web development and hosting tools and services accessed through the Site as more fully described below (the "Services"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with onemobi, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site or the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and onemobi for violations of these Terms. Nothing in these Terms shall be deemed to confer any third party rights or benefits. onemobi may, at its sole discretion, revise the Terms, including any changes, at any time by updating this posting, with the revised Terms taking effect for all Users as of the date stated on the posting. You waive any right you may have to receive specific notice of such changes or modifications. Consequently, Users should consult the Terms regularly. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Site.
The Services include various online web site development tools and web applications operated and hosted by onemobi to enable you to create and publish web sites - hereafter referred to as the "onemobi Toolset". The user/client of the "onemobi Toolset" will be known as "you". The Services also includes web hosting services for the web sites you create through the Site.
onemobi enables users to create and publish web sites that are hosted by onemobi ("User Sites"). onemobi does not approve or control such User Sites and does not routinely review or monitor such Sites. In addition, you understand and acknowledge that your business dealings, correspondence or interactions with any User Site and any terms, conditions, warranties or representations associated with such dealings or interactions are solely between you and the operator of such User Site. THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT ONEMOBI IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING, THE CONTENT, FUNCTIONALITY, BUSINESS, LEGALITY, ACCURACY, COMPLETENESS, QUALITY, RELIABILITY, SECURITY, USEFULNESS OR PRACTICES OF ANY USER SITES OR FOR ANY DEALINGS WITH OR TRANSACTIONS CONDUCTED ON OR IN CONNECTION WITH ANY USER SITE. The hosting of any User Site does not imply endorsement or sponsorship by onemobi or any association or affiliation with its operators or the content, business or operation of the User Site, and if you create any User Site, you may not do anything to imply any such endorsement, sponsorship, association, affiliation or relationship with onemobi. YOU USE AND INTERACT WITH SUCH USER SITES AT YOUR OWN RISK. You may not use the name, logo or other trademarks of onemobi to imply any sponsorship, affiliation or relationship between you and onemobi other than that onemobi is hosting your User Site.
You are granted a limited, non-sublicensable license to access and use the Site and the onemobi Toolset solely in connection with the creation of web sites hosted on this Site. The Site and the onemobi Toolset are licensed from the owner Insight Technologies Ltd., a British Columbia company located 7225 120th St, Delta, BC V4C 6P5, Canada subject to your acceptance of these Terms. Such license is subject to these Terms and does not include: (a) any resale or distribution of the Site or the onemobi Toolset; (b) modifying or otherwise making any derivative uses of the Site and the onemobi Toolset, or any portion thereof; (c) use of any data mining, robots or similar data gathering or extraction methods; (d) downloading (other than the page caching) of any portion of the Site or the onemobi Toolset except as expressly permitted on the Site; or (e) any use of the Site or the onemobi Toolset other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of onemobi, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
You assume responsibility for the selection of the Site and the onemobi Toolset to achieve your intended results, and for the installation, use, and results obtained therefrom. Insight Technologies Ltd. reserves the right to modify, suspend or discontinue the Site or the onemobi Toolset with or without notice at any time and without any liability to you.
You must be at least 19 years of age to create an account and to use the Site and the onemobi Toolset. By registering, you represent and warrant to us that you are 19 years of age or over. Should Insight Technologies Ltd. be notified or otherwise become aware that you are under 19 years of age, Insight Technologies Ltd. reserves the right to terminate your account and this license and to refuse service to you at any time with or without notice.
onemobi reserves the right to refuse service to anyone at any time with or without notice for any reason.
onemobi is currently released in Beta for use by registered users only. YOU ACKNOWLEDGE THAT THE SITE, THE SERVICE AND THE ONEMOBI TOOLSET ARE IN BETA FORM AND ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS, AND INSIGHT TECHNOLGIES LTD. DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR THE AVAILABILITY, SECURITY, OPERATION, AND RELIABILITY OF THE SITE, THE SERVICE AND THE ONEMOBI TOOLSET.
To gain access to the onemobi Toolset and the functionality of the onemobi Toolset and to create a User Site, you will be required to register an access ID and password. The access ID and password may only be used by you. You will be responsible and liable for all activities occurring under your access ID and for keeping your password secure.
As part of the onemobi Toolset and the Services, onemobi also offers registered users free use of onemobi sub-domains (ex: [subdomain].onemobi.net) ("onemobi Subdomain") on the terms set forth herein for the sole purpose of hosting their web sites. onemobi retains all rights to and over any onemobi Subdomains and has the right to revoke or suspend the use of any sub-domain at any time without reason.
You agree that all such onemobi Subdomains are owned by onemobi, are nontransferable and that onemobi may for any reason, or for no reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate or suspend your account, username, and onemobi Subdomain, and remove or discard any content associated with your account and username.
Onemobi may also provide users with a .mobi (ex: [yourname].mobi)(".mobi Domain") on the terms set forth herein for the sole purpose of hosting their web sites. onemobi retains all rights to and over any .mobi Domain and has the right to revoke or suspend the use of any .mobi Domain at any time without reason.
Onemobi may, on certain packages, provide a free .mobi Domain. This domain shall be provided free of charge for the first year and will incur a renewal charge of $20 per year.
The Site, the onemobi Toolset and User Sites (including under onemobi Subdomains) may contain links to third party web sites, including links to User Sites, third party text, video feeds (podcasts), offers, and software applications (including widgets) (collectively referred to as "Linked Sites"). The Linked Sites and third parties are not under the control of and/or owned by onemobi and onemobi is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. onemobi is not responsible for webcasting or any other form of transmission received from any Linked Site. The Linked Sites are the property of the respective third party and may be protected by applicable copyright or other intellectual property laws and treaties. onemobi is providing these links to you only as a convenience and does not approve and assumes no responsibility for the content, security, functionality, or practices of these third parties. The inclusion of any link does not imply endorsement by onemobi of the site or any association with its operators. You acknowledge and agree that onemobi may disable your use of or remove any third party linked sites on onemobi or a onemobi Subdomain to the extent that they violate these Terms.
Similarly, the onemobi Toolset may rely on external components provided by a third party to provide some level of functionality. This functionality may make a particular feature of the onemobi Toolset dependent on the external component; or the onemobi Toolset may be completely dependent on the external component for operation. In any case, onemobi makes no warranties, claims, or provision for any third party components.
You are responsible for making any and all appropriate licensing arrangements with any third party external component providers that are represented on your onemobi Subdomain.
You agree that you are responsible for your own use of the Site, the Services and the onemobi Toolset, for any User Sites you create or operate, for any posts you make and for any consequences thereof. You agree that you will use the Site, the Services and onemobi Toolset and create and operate any User Sites in compliance with the rules set forth in these Terms (including without limitation the Content Policy set forth below), and all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all export control laws.
As a condition of your use of the Site, the onemobi Toolset, and the Services, you warrant to onemobi that you will not use the site, the onemobi Toolset or the User Sites you create for any purpose that is unlawful, deceptive or otherwise prohibited by these Terms. You may not use the Site, onemobi Toolset or the User Sites you create in any manner that could damage, disable, overburden, or impair the Site or the onemobi Toolset or interfere with any other party's use and enjoyment of the Site or the onemobi Toolset. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or the onemobi Toolset.
The Site or any User Sites you create may contain bulletin board services, chat areas, news groups, forums, communities, personal and commercial web pages, calendars, podcasts, and/or other message or communication facilities designed to enable you or others to communicate with the public at large or with a group (collectively, "Interactive Services"), you agree to use the Interactive Services only to post, send and receive messages and material that are appropriate and related to the particular Interactive Service and in accordance with the onemobi Content Policy and these Terms and applicable law.
Much of the Interactive Services found on the Site and in User Sites is provided by, and is the responsibility of, the person or people who made the postings. onemobi does not routinely monitor the Interactive Services or any User Sites and takes no responsibility for such content (including, without limitation, any viruses or other disabling features). onemobi merely provides access to and hosts such content as a service to its customers. onemobi does not endorse, support, represent or guarantee the truthfulness, accuracy, functionality, security, legality, quality or reliability of any communications or content posted via the Site or User Sites or endorse any opinions expressed via the Sites or any User Sites onemobi Toolset. You acknowledge that any reliance on material posted via the Service will be at your own risk.
Although onemobi is not obligated and does not routinely screen or monitor any user content or messages or any User Sites, it reserves the right at all times to do so and to remove, block access to or refuse to post, display or distribute any content or materials or any User Site for any reason or for no reason in its sole discretion. onemobi reserves the right to terminate your access to the Site, the User Sites and any or all of the Interactive Services, and to remove or disable access to any User Sites or user content, at any time without notice for any reason whatsoever (or for no reason).
onemobi reserves the right at all times to disclose any information as necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms, (c) detect, prevent or otherwise address fraud, security or technical issues, (d) reply to user support requests or (e) protect the rights, property or safety of onemobi, its users and the public.
The Site and the Service is a free service for businesses, organizations and individuals to create and grow a professional online presence. onemobi respects your rights and does not wish to censor any text, images, data, information, photos, music video, graphics, messages or other items or materials ("Content") contains you may post on the Site or in any User Sites. However in order to allow the continued posting of a wide variety of content, onemobi has establish rules that certain types of content are not to be hosted by onemobi and/or created using the onemobi Toolset as set forth in this policy (the "Content Policy"). Please note that these rules do not create any third party rights or create any private right of action, but may be enforced solely by onemobi in its sole discretion. The decision by onemobi not to take action to enforce these rules in a particular instance shall not be considered a waiver of any right to do so in the future or in other situations.
onemobi takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is onemobi liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or offensive Content you may encounter on the Site or in any User Sites. Your use of Interactive Areas and any User Sites is at your own risk. As a provider of interactive services, onemobi is not liable for any statements, representations or Content provided by its users or other third parties. Although onemobi has no obligation to screen, edit or monitor any of the Content posted by third parties, onemobi reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense. Violation of any part of the Content Policy may lead to immediate termination or suspension of your account and/or deletion of your Content and/or you may be reported to the appropriate authorities with or without notice to you.
If you post Content to the Site (including in a User Site), unless we indicate otherwise, you grant onemobi and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content solely in connection with hosting your User Sites and otherwise providing and promoting the Site and the Service and exercising the rights granted in these Terms. You grant onemobi and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the Content that you post or you otherwise have the right to post such Content to the Site; (b) the Content is accurate and not misleading; and (c) use and posting of the Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
Materials uploaded to an Interactive Service may be subject to posted limitations on usage, reproduction and/or dissemination. onemobi retains the right to create and/or change limits on use and storage at its sole discretion at any time with or without notice. You are responsible for adhering to such limitations.
You agree that onemobi has no responsibility or liability for the deletion of or the failure to store or to transmit any Content or Interactive Service maintained by onemobi and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
Storage and Usage limits are set to as follows: You shall not exceed 1GB in total storage in relation to the onemobi Toolset and you shall not exceed 25GB in monthly transfer of data. If these amounts are exceeded you shall be billed as follows: $5 per month per GB of storage and $10 per GB per month on data transfers.
You are responsible for paying all fees and applicable taxes associated with the Premium Services in a timely manner with a valid payment method. You authorize onemobi to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your accounts with onemobi. Your Payment Method will be charged the current fee for the Service you choose on the date that you click on the "Purchase" button in the ordering process. Our offerings include Services payable by recurring payments. You agree that onemobi may automatically charge the fee to your Payment Method at the beginning of each recurring period. For example, if you choose a Service with a monthly plan, you will be billed every month on the anniversary date of the date you clicked the "Purchase" button. Additionally, we may offer a pre-pay payment option for payment of Services ("Pre-Payment Plan"). If you opt for Pre-Payment plan, your Payment Method will be charged the then-current fee for that Premium Service at the commencement of each renewal period.
You acknowledge and agree that any credit card and related billing and payment information that you provide to onemobi may be shared by onemobi with companies who work on onemobi' behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to onemobi and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. You agree to pay onemobi all charges incurred under your account for any Premium Service in which you or anyone else who uses your account (including children, family and friends) enroll in accordance with this Agreement and any applicable Premium Services policies. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand, (b) onemobi may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) onemobi reserves the right to either suspend or terminate your Services or your account with onemobi, including deletion of your Website from onemobi.net. Except as may be set forth herein, any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to onemobi within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of onemobi.
You are responsible for paying any governmental taxes imposed on your use of onemobi.net, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to onemobi the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that onemobi is obligated to collect such taxes, the applicable tax will be added to your billing account.
By using the onemobi Toolset and/or the onemobi Web Site, you consent to any transfer of personal information, collected by onemobi, outside your country for the purposes of storing the information where onemobi and/or its agents maintain their facilities.
You are responsible for protecting and enforcing your rights in and to any Submissions. No compensation will be paid with respect to the use of your Submission, as provided herein. onemobi is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of onemobi.
You acknowledge that onemobi owns all right, title, and interest in and to the Site, the onemobi Toolset and/or any content on the Site not posted by a onemobi User and/or an acknowledged third party, including all intellectual property rights (the "onemobi IP"). onemobi IP is protected by Canadian and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the onemobi Web Site or onemobi IP. You also agree that you will not use any robot, spider, other automated device or manual process to monitor or copy any content from the onemobi Web Site or onemobi IP.
You agree to hold harmless and indemnify onemobi and its subsidiaries, affiliates, officers, agents and employees from and against any third party claim arising from or in any way related to your use of the onemobi Toolset, the Service and/or onemobi Web Site, including any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
ONEMOBI DOES NOT WARRANT THAT THE SITE, THE SERVICE, THE ONEMOBI TOOLSET OR ANY USER SITES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. THE SITE, THE SERVICES, AND THE ONEMOBI TOOLSET ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, THE SERVICE AND THE ONEMOBI TOOLSET IS WITH YOU. SHOULD ANY OF THE FOREGOING PROVE DEFECTIVE, YOU (AND NOT INSIGHT TECHNOLOGIES LTD., ITS PARENT, SUBSIDIARIES, AFFILIATES OR LICENSORS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE AND THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ONEMOBI AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE OR ANY USER SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ONEMOBI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SAFETY AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON SITE OR ACCESSED THROUGH THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ONEMOBI AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
onemobi reserves the right, in its sole discretion, to terminate your account and your access to the Site, the onemobi Toolset and the Services, or any portion thereof, and to remove or block access to any User Site or any User Content at any time without notice for any reason (including without limitation for failure to update and maintain User Sites, unacceptable Content or for any violation of these Terms) or for no reason.
Onemobi offers a 7 day money back guarantee on all services purchased through onemobi. You may request a cancellation of your account within 7 days of registration and request a refund on your purchase less any setup fees. Setup fees are not refundable.
To the maximum extent permitted by law, this agreement is governed by the laws of the province of British Columbia and Canada, and you hereby consent to Vancouver, British Columbia being the exclusive jurisdiction and venue of courts in all disputes arising out of or relating to the use of the onemobi Toolset, the Site or the Service. Use of the onemobi Toolset, the Site or the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and onemobi as a result of this agreement or use of the onemobi Toolset.
The performance of onemobi per this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the right to comply by onemobi with governmental, court and law enforcement requests or requirements relating to your use of the onemobi Toolset or information provided to or gathered by onemobi with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and onemobi with respect to the onemobi Toolset and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and onemobi with respect to the onemobi Toolset.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
It is the express wish to the parties that this agreement and all related documents be drawn up in English.
All Content and other material on the Site and the onemobi Toolset are the proprietary property of onemobi or its licensors or users and are protected by Canadian and international copyright laws. All rights not expressly granted in these terms are expressly reserved.
ONEMOBI, the onemobi logo, Insight Technologies, the Insight Technologies logo, and any other product or service name or slogan contained in the Site are trademarks of onemobi and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of onemobi or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "onemobi", "Insight Technologies", or any other name, trademark or product or service name of onemobi without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of onemobi and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to onemobi, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to onemobi.
Last Updated: 9/10/2012