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O-1 AGREEMENT ADDENDUM
This document represents an addendum to the legal agreement set forth by the Happy World Network, Ltd. Membership Policies, Terms and Conditions found at
HappyWorldNetwork.com/policies/membership
thus incorporating any and all Policies, Terms, Conditions and Agreements included in that legal agreement into this addendum, and vice-versa. This addendum establishes the Policies, Terms, Conditions and Agreements associated with the PURCHASED MEMBER SERVICES associated with the Happy World Network, Ltd. Member Enrollment System that can be found at
HappyWorldNetwork.com/cat/membership/enroll
as described in the Membership Policies, Terms and Conditions found at
HappyWorldNetwork.com/policies/membership
including the ProfitRaising Web Site Hosting, Editing and Management Tools and/or the EthicalEquity.com, ReferralMarketplace.net and CitizenPolicy.org online communities (herinafter referred to as "The Online Systems") and any and all upgrades and/or additional services that are added to, or used by The Online Systems.
O-2. ONLINE SYSTEMS ADMINISTRATION
MEMBER understands and agrees that Happy World Network reserves the right to modify or change the look, feel or functionality of any of The Online Systems, upgrades and/or additional Products and/or Services that can be added to, or used by The Online Systems, or any part thereof, at any time subject to notice being given to MEMBER and provided such modifications or changes do not adversely affect the utility of The Online Systems. The Online Systems will be setup and maintained (including all systems administration) by Happy World Network for the purpose of making The Online Systems securely and efficiently available to MEMBER and other end-users via the Internet. It is understood and agreed that MEMBER's only access to The Online Systems will be through the tools and utilities offered within the The Online Systems and that MEMBER WILL NOT be allowed access to The Online Systems via any direct method (FTP, telnet, etc.).
O-3. FULFILLMENT OF ORDERS
MEMBER understands and agrees that should MEMBER choose to sell the products or services that Happy World Network offers to Internet shoppers, using the Online Profit Center System that is included with each Happy World Network Membership (details at
HappyWorldNetwork.com/cat/profit/centers
then Happy World Network will process the payments, process the orders, deliver the products or services to the purchaser, and support the products or services after the sale. MEMBER understands and agrees that should MEMBER choose to sell THEIR OWN products or services to others using the ProfitRaising Tools that are included with each Happy World Network Membership (details at
HappyWorldNetwork.com/cat/webmaster
then MEMBER will, at MEMBER's own expense, process the payments, process the orders, deliver the products or services to the purchaser, and support the products or services after the sale, and Happy World Network shall have no responsibility for such service or support. In all cases MEMBER will be responsible for any sales organization MEMBER manages, and MEMBER agrees to protect and indemnify Happy World Network as detailed in section O-8 of this addendum.
O-4. TECHNICAL SUPPORT
Technical support will be provided at no additional charge regarding any malfunctioning of the Online Services provided by Happy World Network and any and all other requests which are NOT in regard to the malfunctioning of the Online Services provided will be either be considered Training or a "Custom Programming Service" which are subject to additional charges; and any instruction regarding the use of any and all Online Services features is a pay service billed at a rate of one hundred dollars ($100.00 US) per hour of telephone support, with a 1/2-hour minimum charge.
O-5. OWNERSHIP
Happy World Network retains all right, title and interest in and to all of the software used to operate all of The Online Systems and MEMBER's use of The Online Systems does not transfer to MEMBER any title to the intellectual property of these Online Systems and MEMBER will not acquire any rights to these Online Systems except as expressly set forth in this Agreement. The Online Systems are protected by United States copyright laws and international treaty provisions and all parts thereof are the subject matter of various proprietary rights, including without limitation, copyrights, trade secrets, patents and other similar intellectual and industrial property rights ("Proprietary Rights"). In the event of a breach or threatened breach of this Section, Happy World Network shall be entitled to seek injunctive relief.
O-6. MEMBER'S INFORMATION
MEMBER understands and agrees that with the exception of The Online Systems software itself, all of the information contained within MEMBER's ProfitRaising Website (customer lists, financial records, web page content, etc.) will be MEMBER's sole property during the term of this agreement. It is agreed that in the event of the termination of this Agreement and MEMBER's associated ProfitRaising Website Service, all of the information associated with MEMBER's ProfitRaising Website will become the property of Happy World Network granting Happy World Network the right to remove, delete or otherwise destroy such information, but does not grant Happy World Network the right to reuse, resell, or publicly distribute such information as detailed in the Happy World Network Privacy Policy (found at
HappyWorldNetwork.com/policies/privacy ).
MEMBER understands and agrees that all information and material that MEMBER Posts to the Happy World Network Online Communities (text, images and Internet hyperlinks) automatically grants to Happy World Network the right to reuse and reprint that information and material (without limitation) including, but not limited to: copyrighted material, trademarks, trade secrets, patents, and intellectual property (if you don't want it reused and reprinted, don't post it). When Happy World Network does reuse or reprint information from Member Posts then Happy World Network agrees to include any and all credits that are incorporated in such Post (in accordance with section 6 of this Agreement) including those attributed to MEMBER, and Happy World Network will not credit MEMBER or MEMBER's sources unless expressly included (thus requested) in the text of such a Post (be sure you have written permission to reuse any copyrighted or trademarked material before posting it).
O-7. COMMON CARRIER
MEMBER understands and agrees that in regard to Happy World Network's ProfitRaising Website System, Happy World Network is acting solely as a common carrier in its capacity of providing web site hosting services, is not a publisher of any material or information contained within MEMBER's ProfitRaising Website, and has no right to edit or censor the material on MEMBER's ProfitRaising Website. Additionally, MEMBER understands and agrees that the ProfitRaising Website Systems may be used for lawful purposes only, and that transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute. MEMBER is responsible for protecting all ProfitRaising Website passwords and for any authorized or unauthorized use made of any of MEMBER's passwords. MEMBER will not use or permit anyone to use MEMBER's ProfitRaising Website to guess passwords or to access other systems or networks without authorization. Happy World Network will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.
O-8. ACCEPTED USE POLICY
The various Happy World Network Online Communities allow Members to Post text, images and Internet hyperlinks to publicly viewed web pages, allowing a free-flow of ideas and information to be made available for public enlightenment and support. However, certain restrictions must be imposed to ensure the participation of all types of people, some of whom may be more easily annoyed or offended than others, and to prevent any malicious Members from purposely annoying or offending others. Happy World Network ensures that such restrictions are NOT intended to limit, edit or censor the information presented to the Membership, but only to protect the integrity of the above-mentioned systems and the rights of all Members to participate in them without undue bother. Therefore, MEMBER understands and agrees that MEMBER is prohibited from Posting any text, images or Internet hyperlinks, to any Happy World Network Online Community which display (or link to) any of the following five (5) restricted content categories: 1) Profanity; 2) Personal Threats; 3) Pornography; 4) Unrelated Information (a Post must contain information relevant to the subject of the web page it is posted to); 5) Commercial Solicitation (with the exception of ReferralMarketplace.org Listings and posts to other communities that contain Internet hyperlinks to web sites that contain relevant information AND associated Commercial Solicitations). MEMBER is also prohibited from Posting to any Happy World Network Online Community any material that is illegal, libelous, tortuous, or likely to result in retaliation against Happy World Network and/or its Server Network by offended users, and MEMBER understands that Happy World Network takes a zero tolerance approach to the sending of Unsolicited Commercial Email (a.k.a. UCE or SPAM) or similar abuse of the "Private Message" system incorporated into the Happy World Network Online Communities or any system that involves any Happy World Network Server Network, and MEMBER agrees that such abuse will be grounds for immediate termination of their Membership. MEMBER understands and agrees that Happy World Network reserves the right to edit or remove any Posts that contain any of the above-mentioned "prohibited content categories" and that multiple instances of violation of these prohibitions will be grounds for immediate termination of Membership. MEMBER also understands and agrees that Happy World Network reserves the right to remove any Posts that are over 30 days old and have not been rated highly enough to move them to a "State-Area" listing or higher. MEMBER agrees to provide proper credits to the author, creator, and/or publisher of any material that MEMBER has copied, paraphrased or referenced in any Post that MEMBER has submitted to any Happy World Network Online Community, and MEMBER agrees not to plagiarize, take credit for, or otherwise represent that the written works, ideas, or creations of others were written, derived or created by MEMBER. As an additional courtesy, Happy World Network asks that a full bibliography referencing the source of any proposed facts, data, or information Posted by MEMBER also be provided (to assist the Happy World Network editorial staff in the fact-checking and research process).
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O-9. NETWORK INTEGRITY
MEMBER is not permitted to publish any material that is illegal, libelous, tortuous, or likely to result in retaliation against Happy World Network and/or its Server Network by offended users. Any attempt to undermine or cause harm to Happy World Network or any of its systems is strictly prohibited. Violations of system or network security are prohibited including, but not limited to, password robbery, security hole scanning, port scanning etc. and may result in criminal and civil liability. Happy World Network will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Happy World Network takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM that involves any of the Happy World Network Systems or Server Networks and prohibits such activity. MEMBER agrees that such abuse will be grounds for immediate termination of MEMBER's Membership and associated services.
O-10. INDEMNIFICATION
MEMBER agrees to protect and indemnify Happy World Network against any and all liability, loss or expense arising from misrepresentation of Happy World Network or Happy World Network' products or services, claims of infringement of copyrights and/or property rights resulting from MEMBER's use of The Online Systems, and also against any and all claims of libel, unfair competition, misuse of trademarks, trade names or patents, and/or violations of rights of privacy. MEMBER also agrees to defend, indemnify, save and hold Happy World Network harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Happy World Network, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by MEMBER or MEMBER's agents, employees or assigns; including but not limited to: (1) any injury to person or property caused by any products or services sold or otherwise distributed in connection with the Happy World Network Products and Services; (2) any material supplied by MEMBER infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to a customer. MEMBER also agree to indemnify and hold Happy World Network harmless from any claims resulting from the use of the Happy World Network Products and Services which damages the subscriber or any other party. Happy World Network shall indemnify and hold harmless MEMBER, its officers, directors, agents, employees, parent and/or subsidiaries from and against any and all claims, demands, causes of action, losses, damages, costs and expenses (including reasonable attorney fees) arising out of or in any manner relating to Happy World Network breaching of any of the terms of this Agreement, or any illegal activities or violations of any governmental regulations which results from the conduct or actions of Happy World Network.
O-11. LIMITED WARRANTEE
Happy World Network warrantees that its online services will perform in normal use substantially as described in the Happy World Network documentation (see HappyWorldNetwork.com). However, due to the inherently complex nature of computer software, Happy World Network does not warrant that these online services are error-free, will operate without interruption, are compatible with all equipment and software configurations, or will otherwise meet MEMBER's needs. Furthermore, Happy World Network does not warrant, guarantee or make any representations regarding the use or the results of the use of the software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by Happy World Network or its authorized representative shall create any guarantee or warranty or in any way increase the scope of this warrantee. This warrantee gives MEMBER specific legal rights, and MEMBER may also have other rights which vary from state to state. The entire liability of Happy World Network and MEMBER's exclusive remedy under the above-mentioned limited warrantee will be, at the option of Happy World Network, to attempt to correct or work around errors with that degree of effort which Happy World Network believes suitable to the problem or to replace the online services with functionally equivalent software. MEMBER understands and agrees that occasional temporary interruptions of Services may occur and agrees that under no circumstances will Happy World Network be held liable for any financial or other damages due to such interruptions. In no event shall Happy World Network be liable to MEMBER or any other person or entity for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income, or cost of replacement services. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Happy World Network BE LIABLE FOR ANY LOST REVENUE OR PROFITS OR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE online services OR RELATED DOCUMENTATION, EVEN IF Happy World Network OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow exclusion of implied guarantees, so the above exclusion may not apply in those states, BUT IN NO EVENT SHALL Happy World Network's TOTAL LIABILITY TO MEMBER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY MEMBER FOR THE online services. In addition, Happy World Network shall not be liable to MEMBER or any other person or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to, acts of God, fire, explosion, vandalism, cable cut, storm, or other similar occurrences; any law, order, regulation, direction, action, or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentally of any one or more said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, work stoppages or other labor difficulties; Happy World Network failures, shortages, breaches or delays.
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