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Terms of Service

I. Omnistar eTools Install version (If software is installed on user’s computer)

1. GENERAL SOFTWARE LICENSE

Each Software package purchased under this Agreement is licensed as a single product intended to be run under one domain name and in one directory. If the would like to run the software on multiple domains you must purchase a separate license for each domain. You may not distribute copies of the Software or any accompanying written materials to others, in an altered or original state.

You may not copy any written materials accompanying the Software without express written authorization from Omnistar Interactive, LLC The Software (including but not limited to any images, photographs, animations, audio, music, text, and anything incorporated into the Software) is owned by Omnistar Interactive, LLC or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, You must treat the Software like any other copyrighted material. Proofs of infringement of copyright violations include but are not limited to similar code style and structures, similar layout and design, similar database design, and containing parts of the original Software source code. You may be held legally responsible for any infringement that is caused or encouraged by your failure to comply with the licensing provisions of this Agreement. Upon purchasing the Omnistar software, you are obligated to comply with this license agreement and any noncompliance will subject you to legal action.

In consideration of payment of the license fee, which is part of the price of the Software, Omnistar Interactive, LLC grants to You the nonexclusive right to use the software for company/organizational/personal use. You may use the Software and/or code generated by any eTools software component under only one domain that is owned, operated and is controlled by your REGISTERED LICENSED company, organization or personal identity. You are bound to this Agreement during Your entire possession time span of this Software, in its original or altered state. Omnistar reserves the rights to suspend, revoke or terminate your license to use the software if these terms are violated. See section 6 which discusses the License Agreement for termination procedures.

The trademarks, logos and service marks ("Marks") displayed on this Site; Software and any accompanying written materials are the property of Omnistar or other third parties. You are not permitted to use the Marks without the prior written consent of Omnistar or such third party that may own the Marks.

2. WARRANTY / DISCLAIMER INFORMATION

UNLESS EXPRESSLY PROVIDED OTHERWISE IN A SEPARATE AGREEMENT BETWEEN YOU AND Omnistar Interactive, LLC, ALL INFORMATION AND SOFTWARE ON AND FROM THIS SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Omnistar Interactive, LLC ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS AT, REFERENCED BY, OR LINKED TO THIS SITE. YOU ASSUME THE ENTIRE RISK FOR THE RESULTS AND PERFORMANCE OF THE SOFTWARE. ANY REFERENCES TO CORPORATIONS AND/OR LIMITED LIABILITY COMPANIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL Omnistar Interactive, LLC OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE OR ANY ACCOMPANYING WRITTEN MATERIALS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF OTHER MATERIALS, LOSS OF PROFITS, BUSINESS OR OTHER WORK INTERRUPTION, OR ANY OTHER PECUNIARY LOSSES, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE INFORMATION, SOFTWARE OR OTHER MATERIALS OBTAINED FROM USING THIS SOFTWARE OR FROM THE PERFORMANCE OR LACK OF PERFORMANCE OF THIS SOFTWARE. HAS NO LIABILITY FOR ERRORS OR OBLIGATION TO UPDATE Omnistar Interactive, LLC SOFTWARE WHICH COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; Omnistar Interactive, LLC MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SOFTWARE AND ANY OTHER PRODUCT(S) OR PROGRAM(S) DESCRIBED ON OUR SITE AT ANY TIME. Omnistar Interactive, LLC HAS NO OBLIGATION TO NOTIFY YOU OF ANY CHANGES OF THE SOFTWARE OR ANY OTHER PRODUCTS OR PROGRAMS. THESE CHANGES WILL BE INCORPORATED IN SOFTWARE AT Omnistar Interactive, LLC' SOLE DISCRETION.

3. REMEDIES

In no event shall Omnistar Interactive, LLC's total liability to you for any and all damages, losses, and causes of action arising from or connected in anyway with this Agreement (including without limitation liability in contract, tort or under any other legal theory) ever exceed the INITIAL amount paid by You for the Software. INITIAL amount is defined as the first payment to purchase the software and DOES NOT include other fees incurred there after. This shall constitute Your sole and exclusive remedy.

4. RENEWAL (If did not purchase buy-out version)

License Renewal (Only applies to Omnistar Live Support Software)

Upon 1 year AFTER the initial Omnistar Live software purchase date, an annual Software License renewal fee (posted on the website and subject to change without notice) will be issued for your continued usage of the Software for the following year. Your license will need to be renewed on a regular yearly basis for continued Software usage. Failure to renew will result in termination of this License and you will be subject to the Termination guidelines set forth in this Agreement. Failure to comply will result in legal actions. You should understand that the software will no longer work after 1 year if you brought the annual license.

5. LAW

This License Agreement shall be construed, interpreted and governed by the laws of the State of Maryland without regard to conflicts of laws provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate federal or state court sitting in Baltimore Maryland in proximity to Baltimore, Maryland, USA. This License Agreement shall constitute the entire Agreement between the parties hereto. Omnistar Interactive, LLC has the right to modify this agreement with each new release of the Software. You have the right to waive the modifications and opt to abide by the previous Agreement and choose not to accept the new Software release and the modified License Agreement where ever indicated. If a court of competent jurisdiction finds any part of this License Agreement invalid or unenforceable, the remainder of this License Agreement shall remain in full force and effect and shall be interpreted so as to reasonably affect the intention of the parties. 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 these Terms of Service and the Additional Terms shall continue in effect.

6. TERMINATION

This Agreement is effective IMMEDIATELY upon Your Software download and Software transfer from Omnistar Interactive, LLC's servers to your computer. Unless terminated sooner by Omnistar Interactive, LLC, any license granted by this Agreement terminates in accordance with the method and timeframes specified . Without prejudice to any other rights, Omnistar Interactive, LLC may suspend, revoke, or terminate this Agreement if You fail to comply with any of its provisions. In such event, You must immediately delete all copies and instances of Omnistar Interactive, LLC's Software(s) from your possession within 24 hours of Omnistar Interactive, LLC's License Agreement termination notice. IF YOU FAIL TO COMPLY WITH OUR TERMINATION PROCEDURE, LEGAL ACTIONS WILL BE TAKEN.

For all Omnistar Etools install products NO REFUNDS WILL BE GIVEN AFTER 30 days of purchase of the product.

7. RESELLING OMNISTAR ETOOLS

A specific contract and terms for reselling Omnistar Etools can be obtained by contacting Omnistar Interactive Customer Support. You cannot resell Omnistar Etools unless you have received a separate reseller agreement.

8. LINKS TO THIRD PARTY SITES

Links may be included within the Omnistar eTools Network. You acknowledge that the linked sites are not under the control of Omnistar eTools and that Omnistar eTools is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. Omnistar eTools is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Omnistar eTools of the linked site or any association with their operators.

9. INDEMNITY

You agree to defend, indemnify and hold Omnistar Interactive, LLC and its eTools Network and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with Omnistar Interactive, LLC and its eTools Network or Your use of Omnistar eTools and the Omnistar eTools Network.

10. SERVICE CONTACT

If You need to contact Omnistar eTools regarding the Omnistar eTools Network, please visit our contact listings page at http://www.omnistaretools.com

II. Omnistar eTools Hosted Version Terms (Applies to Omnistar Interactive Hosted Solutions A.K.A Omnistar Etools Network or Omnistar Etools or eTools Products or eTools or Omnistar Network)

The specific provisions of these Terms of Service and any Additional Terms related to each individual component product or service included in Omnistar eTools Network apply to Your use of all Omnistar eTools product.

Omnistar Interactive will use reasonable efforts to maintain any data and files You have stored on Omnistar etools servers for a period of thirty (30) days following the effective date of termination of Your subscription, but is not required to do so. Omnistar Interactive cannot control or warrant the behavior of the users or the management of the Omnistar etool service You have chosen to use. Your use of the Omnistar eTools You choose to use is at Your own risk and Omnistar disclaims any liability with regard to use of the Omnistar eTools service and any actions resulting from Your or any other party's participation in the Omnistar eTools services. Omnistar Interactive makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using Omnistar eTools. Omnistar Interactive will make a good faith effort to submit Your service requests to Omnistar eTools Network within a timely manner, however, Omnistar Interactive is not responsible for the timeframes followed by third party services.

Product Access Limits

With this hosted version of any Omnistar eTools products the limits are clearly stated on the hosted product website and the limits can be changed at anytime and without notice.

CHANGES TO SERVICES, TERMINATION BY Omnistar eTools Network Omnistar Interactive, LLC may change any of the Omnistar eTools services at any time and from time to time without notice, including terminating the offering of any Omnistar eTools service altogether.
Omnistar Interactive, LLC may terminate Your Omnistar eTools account, Your access to Omnistar eTools or any of Your Omnistar eTools services (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your Omnistar eTools services or from using the Omnistar eTools Network or from receiving any products, services or benefits from Omnistar eTools, if Omnistar Interactive, LLC determines You have violated these Terms of Service or any Additional Terms, if You have failed to remit any applicable subscription fees when due, if any representation or warranty made by You is untrue in any respect or if Omnistar Interactive, LLC receives a court order or other legal action relating to Your account. In addition, if You violate any of these Terms of Service, or any applicable Additional Terms You will forfeit all in-kind credits and any other amounts accruing to You (if any) in connection with the Omnistar eTools Network and there will be no refund of any fees prepaid by You. If You subscribe to a Omnistar eTools service which is made up of one or more individual services and You violate the Terms of Service applicable to one of such individual services, (1) Your use of the particular individual service will be terminated, but the remaining service may remain active and (2) there will be no refund (in whole or in part) of Your annual fee for the Omnistar eTools service terminated. In any event, you will be responsible for all fees incurred during Your subscription and payment of such fees shall be due immediately upon termination of Your subscription.

1. LINKS TO THIRD PARTY SITES
Links may be included within the Omnistar eTools Network. You acknowledge that the linked sites are not under the control of Omnistar eTools and that Omnistar eTools is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. Omnistar eTools is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Omnistar eTools of the linked site or any association with their operators.

2. LICENSE YOU GRANT TO Omnistar eTools
Omnistar eTools does not claim ownership of the materials You provide to Omnistar eTools (including feedback and suggestions) or that You post, upload, input or submit in connection with Your use of Omnistar eTools or any Web site ("Your Web Site") created by You or on Your behalf in connection with the use of Omnistar eTools (collectively "Submissions"). However, You grant Omnistar eTools a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat Your Submission, and to publish Your name in connection with Your Submission, in connection with the operation and promotion of Omnistar eTools. You also grant Omnistar eTools the right to publish Your name in connection with any such use. No compensation will be paid or due You with respect to Omnistar eTools or its sublicensee's use of the materials and submissions as licensed above. Omnistar eTools is under no obligation to post or use any materials and submissions You may provide, and may remove such materials at any time in Omnistar’s sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Omnistar eTools Network, You represent and warrant that You own or otherwise control the rights necessary to do so and grant Interactive, LLC and its eTools Network the license set forth above, and You will defend, indemnify and hereby hold harmless Interactive, LLC and its eTools Network and its suppliers from any third party claims, litigation and/or legal action related to a breach of any of the foregoing representations or warranties.

You grant Omnistar Interactive, LLC and its eTools Network permission to use screen shots of any Web page that contains a link to Omnistar eTools Network or Omnistar eTools HTML code in Omnistar eTools promotional materials, and represent and warrant that You have sufficient authority to grant the foregoing rights.

3. SOFTWARE AVAILABLE ON THE Omnistar eTools NETWORK
Software (if any) that is made available to download from or otherwise use through the Omnistar eTools Network, excluding software that may be made available by third parties via Omnistar eTools, ("Software") is the copyrighted work of Omnistar eTools and/or its suppliers. Your use of the Software is governed by these Terms of Service, and the applicable Additional Terms, and the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the Terms of Service or Additional Terms, the terms of the License Agreement shall govern Your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement. For any Software not accompanied by a license agreement, Interactive, LLC and its eTools Network hereby grants to You, the user, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using the particular Omnistar eTools Web Site or Omnistar eTools service in accordance with the License Agreement, the Terms of Service and Additional Terms and for no other purpose. In addition, You shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by Interactive, LLC and its eTools Network and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

4. LIMITATIONS OF LIABILITY AND DISCLAIMERS
The information, software, products, services and other material included in or available through the Omnistar eTools Network may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via the Omnistar eTools Network should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation.

Your access to and use of the Omnistar eTools Network, and products and services of Omnistar eTools, is at Your own risk. Interactive, LLC and its eTools Network makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Omnistar eTools Network, or such products or services. Without limiting the foregoing, NEITHER OMNISTAR Interactive, LLC and its eTools Network NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN the Omnistar eTools Network FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. OMNISTAR ETOOLS AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL OMNISTAR Interactive, LLC and its eTools Network OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:

  • DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF the Omnistar eTools Network OR RELATED SERVICES, OR
  • WITH THE DELAY OR INABILITY TO USE Omnistar eTools OR RELATED SERVICES;
  • THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH the Omnistar eTools Network; OR
  • DAMAGES OTHERWISE ARISING OUT OF THE USE OF the Omnistar eTools Network, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OMNISTAR INTERACTIVE, LLC and its eTools Network OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THEREFORE IF YOU ARE IN SUCH A STATE/JURISDICTION AND ARE DISSATISFIED WITH ANY PORTION OF the Omnistar eTools Network, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Omnistar eTools NETWORK AND ITS RELATED SERVICES AND PRODUCTS.
  • Without limiting the foregoing, Omnistar Interactive, LLC and its eTools Network is not responsible for any of Your data residing on Omnistar eTools Network hardware or systems, including such hardware or systems provided to Omnistar eTools by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on the Omnistar eTools Network hardware or systems, including such hardware or systems provided to Omnistar eTools by third parties, whether or not such information is produced through the use of the Omnistar eTools Network, including any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the Omnistar eTools Network. It is Your responsibility to take the necessary steps to ensure Your primary means of business is maintained. Omnistar Interactive, LLC and its eTools Network will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of the Omnistar eTools Network, its services or products; (b) Your customers' use of Your Web site hosted by or created through Omnistar eTools and Your products and services; (c) use of the Omnistar eTools Network by any other party to whom You have given access to Your company information for use of the Omnistar eTools Network; (d) errors, bugs or other defects in the Omnistar eTools Network; (e) lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on the Omnistar eTools Web Hosting service; or (g) resulting from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses; delays in operation, or transmission, or any failure of performance; whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Omnistar eTools's records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the Omnistar eTools Network.
    Omnistar Interactive, LLC and its eTools Network is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your Omnistar eTools information, through the use of the Omnistar eTools Network.
    Omnistar Interactive, LLC and its eTools Network is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your Web site or between You and any user of any products or services offered or provided by You or by a third party through the Omnistar eTools Network. Omnistar Interactive, LLC and its eTools Network is not responsible for screening, censoring or otherwise controlling Your Web Site, or any listings or transactions offered or conducted via Your Web Site. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You via Your Web site or through Omnistar Interactive, LLC and its eTools Network. Omnistar Interactive, LLC and its eTools Network is not acting as Your or any third party's agent in connection with the operation of Omnistar eTools. You are solely responsible for: (a) processing customer orders or other transactions; (b) verifying the validity of incoming customer orders before finalizing the order; (c) informing customers of the status of such orders or transactions; (d) providing all customer support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Further, because Omnistar Interactive, LLC and its eTools Network is not involved in any orders or other transactions between You and other users of Omnistar eTools or other marketplace forums, Omnistar Interactive, LLC and its eTools Network ` cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.
    Unless otherwise expressly stated in these Terms of Service, Your payments for orders or transactions conducted via Your Web Site or on any Omnistar eTools service will be paid to You directly from Your designated acquiring bank, customers or other appropriate source ("payor"). Omnistar Interactive, LLC and its eTools Network is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between You and customers or payors. Omnistar Interactive, LLC and its eTools Network makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using Omnistar eTools or the Omnistar eTools Network.

    5. INDEMNITY
    You agree to defend, indemnify and hold Omnistar Interactive, LLC and its eTools Network and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with Omnistar Interactive, LLC and its eTools Network or Your use of Omnistar eTools and the Omnistar eTools Network.

    6. ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS
    Omnistar Interactive, LLC and its eTools Network reserves the right to deny in its sole discretion any user access to Omnistar Interactive, LLC and its eTools Network or any portion thereof without notice.

    You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or the Omnistar eTools Network resulting from any third party using a password or user name issued to You. You agree to notify Omnistar Interactive, LLC and its eTools Network immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the Omnistar eTools Network known to or suspected by You. You may change Your password at any time by following instructions on the Omnistar eTools Web site.

    You hereby authorize Omnistar Interactive, LLC and its eTools Network to rely on any data, notice, instruction or request furnished by You to Omnistar Interactive, LLC and its eTools Network, or that Omnistar Interactive, LLC and its eTools Network reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. Omnistar eTools is not responsible for fraud of participants or of other users of Your account.

    7. GENERAL
    If You have made this agreement with Omnistar Interactive, LLC and its eTools Network, these Terms of Service and the Additional Terms are governed by the laws of the State of Maryland, U.S.A.

    You agree that no joint venture, partnership, employment, or agency relationship exists between You and Omnistar Interactive, LLC and its eTools Network as a result of these Terms or Service or use of Omnistar eTools.

    Omnistar Interactive, LLC and its eTools Network performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of Omnistar Interactive, LLC and its eTools Network right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Omnistar eTools Network or information provided to or gathered by Omnistar eTools with respect to such use.

    If any part of these Terms of Service or the Additional Terms 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 these Terms of Service and the Additional Terms shall continue in effect.

    Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and Omnistar eTools with respect to Omnistar eTools the Omnistar eTools Network and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Omnistar Interactive, LLC and its eTools Network with respect to the Omnistar eTools Network.

    A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in any judicial or administrative proceedings or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Omnistar Interactive, LLC and its eTools Network may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) use its electronic records to show and prove Your agreement or consent in any manner, including without limitation, to show that a procedure existed by which You must have provided consent or engaged in conduct to obtain its services or Products.

    The example companies, organizations, products, people and events depicted within The Omnistar eTools Network are fictitious. No association with any real company, organizations, product, person or event is intended or should be inferred.

    Omnistar Interactive, LLC and its eTools Network is not obligated to monitor the content on the Omnistar eTools. Omnistar eTools Network reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government. Omnistar eTools reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the Omnistar eTools Web sites, in Omnistar eTools's sole discretion, without notice at any time.

    Any rights not expressly granted herein are reserved by Omnistar eTools, including all legal and equitable remedies available to Omnistar eTools for violation of any of these Terms of Service.

    8. TERMS RELATED TO FEES AND BILLING
    Some products and services available through or in connection with Omnistar eTools require that You purchase a subscription or otherwise pay a fee. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your Omnistar eTools account by you or anyone else using Your account. Omnistar eTools reserves the right to modify the fees charged for Omnistar eTools products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after Omnistar eTools notifies You via email or otherwise of such modified fees.

    A. CHARGES ON YOUR BILLING ACCOUNT

    Omnistar Interactive, LLC and its eTools Network bills you through an online account (Your "Billing Account") for services and items obtained through the Omnistar eTools Network (the "Products"). You agree to pay Omnistar Interactive, LLC and its eTools Network all charges at the prices then in effect for any Products ordered by you or other persons (including Your agents) using Your Billing Account, and you authorize Omnistar Interactive, LLC and its eTools Network to charge Your chosen payment method (Your "Payment Method") for such Products. You agree to make payment using that selected Payment Method. Omnistar Interactive, LLC and its eTools Network reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

    YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY Omnistar Interactive, LLC and its eTools Network IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE OMNISTAR ETOOLS WITH ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT Omnistar Interactive, LLC and its eTools Network MAY CONTINUE CHARGING YOU FOR ANY PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE PROPERLY TERMINATED YOUR SUBSCRIPTION FOR SUCH PRODUCT (CONFIRMED IN WRITING).

    Currency exchange settlements will be based on Your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider (the "Payment Method Provider") of Your chosen Payment Method. If Omnistar Interactive, LLC and its eTools Network does not receive payment from Your Payment Method Provider, you agree to pay all amounts due on Your Billing Account upon demand.

    Prices for all Products exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are itemized on Your Online Statement or charged to Your Billing Account or Payment Method.

    If the amount to be charged to Your Billing Account varies from the amount you preauthorized, you have the right to receive, and Omnistar Interactive, LLC and its eTools Network so provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with the Payment Method Provider will govern Your use of Your Payment Method. You agree that Omnistar Interactive, LLC and its eTools Network may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

    Omnistar Interactive, LLC and its eTools Network MAY SUBMIT PERIODIC CHARGES (i.e., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE Omnistar Interactive, LLC and its eTools Network REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, CONTACT THE OMNISTAR ETOOLS Network BILLING DEPARTMENT.

    Your non-termination or continued use of the Products on Your Billing Account reaffirms that Omnistar Interactive, LLC and its eTools Network is authorized to charge Your Payment Method. Omnistar Interactive, LLC and its eTools Network may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive Omnistar Interactive, LLC and its eTools Network right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially ordered the applicable Product.

    B. DUE DATE; LATE CHARGE; COLLECTION COSTS

    The amount due to Omnistar Interactive, LLC and its eTools Network for Your Billing Account must be paid in full by Your Payment Method Provider on the date such payment is requested by Omnistar Interactive, LLC and its eTools Network, not later than 30 days after the billing date; you are not entitled to carry forward a balance. You agree to pay late charges that may be assessed by Omnistar Interactive, LLC and its eTools Network on amounts due but not timely paid. You agree to pay all costs incurred in the enforcement of these Terms of Use and in collection of any delinquent amounts due, including reasonable attorneys' fees and costs.

    C. DEFAULT

    If Omnistar Interactive, LLC and its eTools Network does not receive payment for any charge to Your Billing Account, you will be in default and Omnistar Interactive, LLC and its eTools Network may suspend or cancel Your Billing Account and Your access to any or all Omnistar eTools Products. If Your Payment Method Provider seeks return of payments previously made to Omnistar Interactive, LLC and its eTools Network, but Omnistar Interactive, LLC and its eTools Network in good faith believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be in default and Omnistar Interactive, LLC and its eTools Network may cancel Your Billing Account and Your access to any or all Products. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, Omnistar Interactive, LLC and its eTools Network MAY STOP DELIVERY OF ANY PRODUCT, AND ANY INFORMATION YOU HAVE STORED ON AN OMNISTAR ETOOLS SERVICE MAY NOT BE RETRIEVED AT A LATER DATE.

    D. TERMINATION, CANCELLATION OR SUSPENSION; REFUNDS

    Omnistar Interactive, LLC and its eTools Network may, in its discretion, terminate, cancel, or suspend an accepted order if Omnistar Interactive, LLC and its eTools Network is notified that Your Payment Method has expired or has been canceled, or if Omnistar Interactive, LLC and its eTools Network has reason to believe that any Billing Account information provided to Omnistar Interactive, LLC and its eTools Network is untrue, inaccurate, not current or incomplete. Termination, cancellation or suspension, whether by you or Omnistar Interactive, LLC and its eTools Network, will not alter Your obligation to pay all charges made to Your Billing Account before such termination, cancellation or suspension (including charges made after termination by you but before Omnistar eTools could reasonably act on Your termination notice ). Subject to any withdrawal right you may have under applicable law, You will not be entitled to any refunds upon termination, cancellation or suspension unless these Terms of Service or the cancellation policy on the cancellation policy page of the Omnistar eTools website expressly so provides.

    If You notify Omnistar Interactive, LLC and its eTools Network by phone at or by email within 30-days of purchasing Omnistar Etools products or services, fees pre-paid by You to Omnistar eTools for Omnistar eTools products or services will be credited back to Your payment method in accordance with the refund policy. Omnistar Interactive, LLC and its eTools Network is not required to refund directly to You any amounts paid hereunder.

    In the event that Omnistar Interactive, LLC and its eTools Network terminates Your Omnistar eTools account or one or more of Your Omnistar eTools services for violation of these Terms of Service or the Additional Terms, You will not be entitled to the return of any fees paid with respect to any such terminated account service. Except as otherwise required by law, the costs of any returns if permitted will be at Your expense.

    All Omnistar eTools Network accounts may be terminated that include the following content or which have links to the following content:

  • Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
  • Adult and Child Pornography and/or graphic images and photos of nude individuals or groups.
  • Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
  • Displaying material that exploits children under 18 years of age.
  • Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
  • Exporting encryption software over the Internet or otherwise, to points outside the United States.
  • Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
  • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
  • Web Cam's
  • Casino sites or pages containing casino or online gambling functionality.
  • E. GENERAL

    You represent and warrant that you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with Your responsibilities and obligations as stated in these Terms of Service. If you are an agent of an entity, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of these Terms of Service and that you have made the entity aware of them. You agree not to assign, transfer or sublicense any rights in Your Billing Account.

    9. CANCELLATION POLICY
    You acknowledge that if You cancel any subscriptions to an Omnistar eTools product or service that You may not be entitled to a refund of all or part of amounts already paid by You for such Omnistar eTools subscription. You agree that (a) Omnistar eTools cancellation policy will be stated in these terms and may be changed from time to time by Omnistar eTools in its sole discretion and (b) the cancellation policy posted at the time you cancel Your subscription shall govern the amount of the refund (if any) due to you. The cancellation policy will clearly be posted on the Omnistar etools product website and my change at any time.

    10. COPYRIGHT AND TRADEMARK NOTICES
    All contents of the Omnistar eTools Network are: under the ownership control, license and dominion of Omnistar Interactive, LLC, 715 Park Avenue, First Floor, Baltimore, MD 21201 U.S.A. All rights reserved.

    11. TRADEMARKS
    Omnistar eTools is either a trademark or registered trademark of Omnistar eTools. The names of actual companies and products mentioned therein may be the trademarks of their respective owners.

    Any rights not expressly granted herein are reserved by Omnistar Interactive, LLC and its eTools Network.

    12. SERVICE CONTACT
    If You need to contact Omnistar eTools regarding the Omnistar eTools Network, please visit our contact listings page at http://www.omnistaretools.com

    13. RESELLING OMNISTAR ETOOLS
    A specific contract and terms for reselling Omnistar Etools can be obtained by contacting Omnistar Interactive Customer Support. You cannot resell Omnistar Etools unless you have received a separate reseller agreement.