Terms of Service

Last Revised August 13, 2005

Services Provided by Oliva Web Solutions

Welcome to Oliva Web Solutions. We provide a variety of services, including web site design and construction, graphics design, web site maintenance, and web site hosting. Any new or enhanced service or resource added to the web site shall be subject to these Terms of Service, unless indicated otherwise at the time it is added.

Acceptance of Terms of Service

It is our goal to create an interesting, fun and safe environment for all users of Oliva Web Solution's hosting services, subject to these Terms of Service. This document is important. Please read it carefully. It describes the terms and conditions, including our Privacy Policy, which you must adhere to. By using OWS sponsored hosting facilities, you are agreeing to abide by our Terms of Service. We will accept no changes in the Terms of Service. If you do not agree do not use our web site or facilities.

OWS reserves the right to revise our Terms of Service at any time and without prior notice. If we do so, we will post and make the revisions available on this page, with the effective date of the revision prominently displayed. You agree to review the Terms of Service from time to time for any revisions. By continuing to use OWS after receiving notice of the revisions you are agreeing to accept those revisions.

Under federal law we are required to notify you that parental control protections (such as software-based content blocking and filtering systems) are commercially available that may assist you in limiting access to material that may be harmful to minors. Information regarding these systems may be found through a number of online directories (including the "blocking and filtering" category at Yahoo!, www.yahoo.com).

Oliva Web Solutions Privacy Policy

Personal information collected from you during registration, and certain other information about you collected from other sources, is subject to our Privacy Policy. Please read that policy. It contains important information regarding protection of your personal information and changes to the policy.

Rules of Conduct for OWS Hosted Web Sites

Oliva Web Solutions has rules of conduct which you must abide by as a user. You are solely responsible for your conduct while using our web site and for all the content that you generate, originate, transmit, maintain or make available via the web site. This includes the content of e-mails, as well as content posted or uploaded onto the web site. OWS does not control the content which you or others make available via the web site, nor is it responsible for such content. This includes any content provided by third parties that are linked to or included on our web site, as well as any link or resource contained within such third party content or site. These links are provided to you as a convenience only. This is especially true of the services related to financial matters. The web site and service is provide for information only and is not intended for trading or investment purposes.

OWS cannot and generally will not review all the content which you or others may generate, originate, transmit, maintain or otherwise make available. As a result, while using OWS, you may be exposed to material which is offensive, objectionable or obscene. Therefore, we urge you to use our web site wisely and to be respectful of one another. You understand that OWS will not be liable for any loss or damage, including attorney's fees and court and/or administrative costs, arising out of or resulting from any web site content or the use thereof, or from any error, omission, inaccuracy or problem related to the content or your reliance on it.

YOU AGREE NOT TO USE OWS SERVERS TO DO ANY OF THE FOLLOWING:

(1) Post, upload, transmit, e-mail, distribute, publish, use or make available any content that is unlawful, harmful, threatening, harassing, abusive, tortuous, defamatory, libelous, obscene, pornographic, indecent, lewd, foul, vulgar, sexually explicit, embarrassing, distressful or that causes discomfort, offensive, invasive of another's privacy or publicity rights, inflammatory, hateful, derogatory, or racially, ethnically or otherwise objectionable, in textual, graphic, audio, video or others forms, nor will you provide links to web sites which display or promote such material.

(2) Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to regulations of the U. S. Securities and Exchange Commission, the rules of any regulatory body or securities exchange, and any other regulations having the force of law.

(3) Engage in any conduct which may harm minors.

(4) Impersonate any person, organization or entity, including an OWS official, employee or representative or an official, employee or representative of one of the third parties linked to or included on our web site, nor will you misrepresent your affiliation or relationship with such a person, organization or entity or communicate in a false or misleading manner.

(5) Conceal the source of any content transmitted or made available on the web site, by manipulating computer software programs, codes, identifiers, headers or other data.

(6) Post, upload, transmit, e-mail, distribute, publish, use or make available any content that may infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any person, organization or entity.

(7) Post, upload, transmit, e-mail, distribute, publish, use or make available any content which you do not have the right to access under law, contract or other legal theory.

(8) Post, upload, transmit, e-mail, distribute, publish, use or make available any material, which contains software viruses or any other computer software programs, codes, identifiers or other data that might interfere with, disrupt, destroy or limit the operations of OWS (i.e., its software, its computers, its network, its servers, its services, its telecommunications equipment, its links to third parties, etc.) or other OWS users. This prohibition also applies to conduct and/or material designed to "crack", "hack", "mailbomb", "crash", or "flood" OWS, to test the web site's authentication and security measures, or breach any system controls .

(9) Post, upload, transmit, e-mail, distribute, publish, use or make available any unsolicited or unauthorized promotional materials, advertising, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of unsolicited and/or unwanted communication, which may include disruptive content. OWS is not a party to any transaction for goods or services between users, or between users and third parties. Neither does OWS warrant, guarantee or endorse any such transactions, nor will it monitor any such transactions. The buyer should use his or her best judgment and exercise caution in any transaction. This is especially true with respect to the disclosure of personal information. OWS is not liable for any loss or damage related to any such transaction, including reasonable attorneys fees and court and/or administrative costs.

(10) Disrupt the normal exchange of communication between parties, when using e-mail, chat rooms, or message boards. Neither will you cause a screen to scroll faster than other users, persons, organizations or entities' ability to effectively communicate with one another.

(11) Lie, misrepresent facts or your personal information, or assume an identity other than your own.

(12) Collect or store personal information about other users without their prior consent.

(13) Stalk or otherwise harass another person, including another user, or an employee or representative of OWS or any third parties linked to or included on our web site.

(14) Promote or engage in illegal activities, or physically harm or injure another person group, or his or her property.

(15) Utilize robots, spiders, or other manual or automatic device or system to retrieve, index, data mine, or otherwise gather information from the OWS web site or services for any commercial purpose.

You acknowledge and understand that OWS does not prescreen content for any of its services, and you agree that you may not rely on any content transmitted to us through e-mail, chat rooms, message boards or any of our other services. However, OWS shall have the right, but not the obligation, to refuse or remove any content that is available via our services. You acknowledge and agree that it is your responsibility to evaluate the content and to assume the risk associated with use of it.

OWS shall have the right to investigate any allegation that you have violated these Rules of Conduct or the Terms of Service in order to determine potential criminal violations, to respond to claims of other users or third parties that your content violates their rights, to enforce or apply the Terms of Service or any other agreement, or to protect the rights or property of OWS and/or the personal safety of its employees, users or others. In the process of doing so, OWS may work with law enforcement agencies, assist in prosecuting those individuals involved, comply with any legal or administrative process, including subpoenas and court orders, and disclose information about you, providing it has a good faith belief that disclosure of the information is reasonably necessary under the circumstances.

Should you or anyone you authorize to use OWS violate these Rules of Conduct or the Terms of Service, OWS reserves the right to not only delete, move or edit the objectionable content, but to take other actions against you, including warning you of the violation, as well as terminating your services without prior notice. The decisions regarding which actions to take, if any, and when, are within the sole discretion of OWS.

You agree that OWS shall not be liable to you or any other party for taking or not taking these actions.

Web site Modifications

OWS reserves the right to alter, suspend or discontinue the functionality of any web site and related services at any time without notice to you, including without limitation restricting the size and number of any emails or uploaded or downloaded content, the duration that email messages or uploaded content will be retained, the maximum amount of storage space allotted to you, and the maximum number of times you may access the web site and related services in a given period of time. You acknowledge that OWS will have no liability to you for any such alteration, suspension or discontinuation, including in connection with the deletion or corruption of, or failure to store, any messages, information or content transmitted to or from the web site or through the services. PLEASE BACK-UP ON YOUR OWN COMPUTER ANY INFORMATION, MESSAGES, OR CONTENT THAT YOU WISH TO RETAIN.

System administrators have access to all web site pages and e-mail stored on OWS servers and may periodocally screen those materials to assure compliance with the terms of service. OWS reserves the right to delete any content or e-mail messages which violate these terms of service without prior notification.

Termination

OWS reserves the right in its sole discretion to terminate at any time, with or without notice and for any reason, your ability to access or use any web site and related services, content and information. The reason for termination may include, but is not limited to, your violation of the Terms of Service or conduct on your part which is inconsistent with the language or spirit of its provisions. At that time we may delete content, deactivate your account and remove all related information and deny further access to the web site and services. We do not provide mail or web page forwarding at termination. You agree that OWS shall not be liable to you or any other party for taking these actions.

Indemnity

You agree to indemnify and hold OWS, its vendors, affiliates, auxiliaries, subsidiaries, directors, officers, partners, employees, agents and volunteers, harmless from any claim or demand, including reasonable attorneys fees and court and/or administrative costs, made by any party resulting from or arising out of content you submit, post, upload, transmit, e-mail, distribute, publish, or make available through the web site, your use of the web site or its services, your violation of the Terms of Service, or your violation of the rights of any other person, organization or entity, including infringement of intellectual property.

International Use

Use of the Internet has become a worldwide experience. The laws, regulations and rules of different countries may vary with respect to internet access, availability, conduct and the appropriateness of certain content. For example, in some instances accessing certain material or content may be illegal or prohibited in particular countries. If you choose to use this web site, you agree to comply with all applicable local laws, including any export control laws related to the transmission of certain technical information and software exported from the country in which you reside.

Exclusion of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL SOFTWARE AND SERVICES PROVIDED, INCLUDED OR MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED FOR YOUR USE "AS IS" AND "AS AVAILABLE". THE SOFTWARE AND SERVICES ARE PROVIDED BY OWS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. OWS DOES NOT WARRANT THAT ANY SOFTWARE OR SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS, BE ERROR FREE, SECURE, UNINTERRUPTED, RELIABLE, ACCURATE, CORRECT, FREE OF VIRUSES, TIMELY, AVAILABLE, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. USE OF THE WEBSITE IS AT YOUR SOLE RISK AND DISCRETION. SOME STATES OR COUNTRIES DO NOT ALLOW CERTAIN WARRANTIES TO BE EXCLUDED. IF YOU RESIDE IN ONE OF THOSE JURISDICTIONS, THIS PROVISION, OR PORTIONS OF IT, MAY NOT APPLY TO YOU.

Liability Limitations

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL OWS, ITS VENDORS, AFFILIATES, SUBSIDIARIES, AUXILIARIES, DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS AND VOLUNTEERS, OR ANY THIRD PARTY LINKED OR INCLUDED ON ITS WEBSITE, BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, RESULTING FROM OR ARISING OUT OF YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE, WHETHER THIS LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER THEORY, EVEN IF OWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITY. SOME STATES OR COUNTRIES DO NOT ALLOW CERTAIN DAMAGES TO BE EXCLUDED. IF YOU RESIDE IN ONE OF THOSE JURISDICTIONS, OWS'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY THE LOCAL LAWS.

THE TOTAL AGGREGATE LIABILITY OF OWS, ITS VENDORS, AFFILIATES, SUBSIDIARIES, AUXILIARIES, DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS AND VOLUNTEERS, OR ANY THIRD PARTY LINKED OR INCLUDED ON ITS WEBSITE, RELATING TO YOUR USE OF THE WEBSITE AND ANY SERVICES SHALL IN NO EVENT EXCEED US $50.

Disclaimers

ALL ADVICE AND INFORMATION PROVIDED BY OWS ON THIS WEBSITE, INCLUDING ADVICE OR INFORMATION MADE AVAILABLE VIA LINKS TO OR INCLUDED ON THE WEBSITE, IS PROVIDED FOR YOUR INFORMATION AND CONVENIENCE ONLY. WE MAKE NO CLAIMS, PROMISES OR GUARANTEES ABOUT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION AND IT SHOULD NOT BE RELIED ON FOR PERSONAL, LEGAL, MEDICAL, FINANCIAL OR OTHER DECISIONS. CONTACT BETWEEN YOU AND THIS WEBSITE DOES NOT CREATE A PROFESSIONAL RELATIONSHIP OR CONSTITUTE PROFESSIONAL ADVICE. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE RELATED TO YOUR PARTICULAR SITUATION.

Choice of Law

You agree that the laws of the state of Ohio, United States of America, without regard to the principles of conflict of laws, shall govern this Terms of Service agreement. You and OWS agree to submit to the personal and exclusive jurisdiction of the courts located in the county of Clermont, Ohio, USA. YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND OWS RELATED TO THIS AGREEMENT OR THE WEB SITE WILL BE LITIGATED INDIVIDUALLY AND THAT YOU WILL NOT CONSOLIDATE OR SEEK CLASS TREATMENT FOR ANY CLAIM, UNLESS PREVIOUSLY AGREED TO IN WRITING BY YOU AND OWS. THIS WAIVER SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Severability of Terms

This Terms of Service agreement constitutes the entire agreement between OWS and you, with regard to your use of this web site and hosting services. If any portion of this agreement is declared invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Reporting Copyright Infringement

OWS believes that the copyright and intellectual property rights of others should be honored and protected from infringement, especially with regard to Internet use. If you think that any content on any OWS web site, including your content or the content of third parties linked to or included on the web site, has been copied or made available in a way which constitutes copyright infringement, please notify OWS by providing the following written information to its Copyright Agent:

(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or exclusive licensee;

(2) Identification or a description of the copyrighted work(s) claimed to have been infringed, including a representative list if multiple works are involved;

(3) Identification or a description of the material or activity claimed to be infringing, along with information reasonably sufficient to permit us to locate the material or activity on the web site, including the reference or URL link, where appropriate;

(4) Information reasonably sufficient to permit us to contact the complaining party (which may be you or a third party), such as address, telephone number and/or e-mail address;

(5) A statement that the complaining party (which may be you or a third party) believes, in good faith, that the manner in which the copyrighted work(s) is (are) being used is not authorized by the copyright owner, exclusive licensee, its agent or the law;

(6) A statement, under penalty of perjury, that the information provided in this notification is accurate and that the complaining party ( which may be you or a third party) is the copyright owner or exclusive licensee, or is authorized to act on behalf of the copyright owner or exclusive licensee.

OWS's Copyright Agent for notice of claims of copyright infringement can be contacted as follows: Brian Oliva, 5802 Jeb Stuart Drive, Milford, OH 45150, phone: 513-378-9477, e-mail: brian@olivaweb.net.

OWS may remove or disable access to any work(s) which it believes infringes the copyright or intellectual property rights of others and reserves the right to immediately terminate, with or without warning, the services of users who engage in such conduct.