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Web Site Information
Our Gallery Currently Has*
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Does Your Gallery Currently Use ArtBase?*
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Do you Wish To Use ArtBase To Update Your Opening Web site?*
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Terms and Conditions
Do you Agree to Our terms and Conditions?*
Opening is a product of early-adopter.com, LLC www.early-adopter.com, a full-service design marketing company specializing in web-based communication for art galleries and museums. You are bound by this agreement by clicking the "Continue" link below, or by signing and sending to us a hard copy of this document. This agreement takes effect when you first pay us. 1. Services 1.1. We will provide web publishing and hosting services as described on our website www.openingfineart.com 2. Pricing and Payment 2.1. Set-up costs and monthly fees are as shown on our website. We may change the monthly fees on 30 days' notice, posted on the website. Prices shown are for standard templates. Customizing is available for additional costs. 2.2. Monthly subscriptions are payable thru PayPal. Your account will be considered delinquent if for any reason a PayPal payment is not made to us when due, we will give you 3 days notice via the email you have provided to us as you primary contact, afterwhich time we may take the site down without prior notice. If payment is brought up to date within three months, the site can be restored, but no credit will be due for the period during which the site was down because of non-payment. 2.3. To cancel your subscription, you must contact us by e-mail or postal mail, as shown in paragraph 8.1. Cancellation requests must include your name, address, phone number, login name, and domain name as they appear in our subscription records. Requests must be received by 5:00 P.M. ET on the 20th day of the month in order to be effective for the following month. 3. Termination 3.1. You may terminate this agreement effective the end of any month, using the procedure in paragraph 2.3. The set-up fee is not refundable after the first month. 3.2. We may terminate this agreement at any time, on 30 days' notice. The set-up fee is not refundable after the first month. We may terminate without notice if we reasonably believe that your use of the services poses an immediate risk to our property or rights, or to other customers or the public. 3.3 In the event that your site is taken down for any reason, we will make all reasonable efforts to keep your data and and provide it to you in a tab-delimeted data file via email. 3.4. If you have your own domain name, then in case of termination (whether by you or by us) you will be responsible for arranging with your domain name registrar to update the nameservers in the domain name record. 4. Terms of Service 4.1. Unless otherwise agreed, your right to use the services and to designate other users is not transferable. You are responsible for guarding your password against misuse. 4.2. We may monitor the security of your password. We may direct you to change the password to one that is more secure. 4.3. If you exceed your allotted bandwidth or disk space, we will first notify you by email so that you can rectify the situation. If you do not within 3 days, we may do one or more of the following: disable further uploads to your website; display a temporary webpage stating why your content is not being served; charge you the posted fee for the excessive usage. 4.4. If you display on your website content that we reasonably believe is illegal, grossly offensive, or otherwise unduly harmful, we will notify you using the primary contact email you have provided to us, after three days, if you have not rectified the situation, may disable your website. 4.5. You will not allow your website to be used in any illegal way, for example, to infringe intellectual property rights, threaten harm to people or property, or fraudulently offer products. You will not attempt to access the accounts of other clients or to penetrate the security of our system. 4.6. You will not use the services to store or distribute viruses or other destructive code. 4.7. You will not interfere with anyone's use of the services. 5. Warranty, Liability, and Indemnity 5.1. The services are provided "as is." We make no warranty of the quality of the services or the accuracy of data available through them. We do not warrant that the services will be uninterrupted or error-free. We disclaim any implied warranty of merchantability or fitness for a particular purpose, or of non-infringement. We do not warrant that files downloaded through the services will be free of viruses or other destructive code. 5.2. You warrant that you have the right to display, publish, and otherwise use the content on your website and that the content does not infringe anyone's rights or violate other laws. You will defend and indemnify early-adopter.com, LLC against all liability, including reasonable attorney's fees, related to any violation of law or of the rights of a third party, including by visitors to or users of your website. 5.3. We will not be liable for direct, indirect, consequential, incidental, or punitive damages related in any way to the services, including for loss of data, or for removing and deleting, for any reason, your content. Our entire liability is limited to a prorated refund of the fee that you paid for the services. 6. Publicity ?6.1. You grant to early-adopter.com, LLC a non-exclusive right to link to your website from ours for the purposes of promoting our services and to list you as a client unless you request otherwise in writing. You will allow us to place a small "website by opening" link on your website. 7. Assignment 7.1. You may not assign your rights and duties under this agreement without our written consent. We may assign our rights and duties under this agreement to a company that purchases substantially all of our assets. 8. Notice 8.1. Any notice required by this agreement may be communicated by e-mail, fax, or postal mail, as follows: E-mail: valerie@early-adopter.com Postal address: Early-adopter.com, LLC 112 W 6th St, Ste 500 Topeka, KS 66603 8.2. A list of ways to contact us also appears on www.early-adopter.com Questions about this agreement should be sent to Valerie@early-adopter.com 9. General 9.1. Modification: This document contains the entire agreement between us. It can be modified only if we both agree in writing (such as by your signing a hard copy of the modified document) or by electronic means (such as by your clicking "I agree" on the webpage where it appears). 9.2. Waiver and Severability: Failure to exercise a right under this agreement will not waive that right. If a judge deems a provision of this agreement unenforceable, the other provisions will remain enforceable. 9.3. Disputes: This agreement is governed by Kansas law. Jurisdiction of disputes is in Kansas courts, with venue in Shawnee County.
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