TERMS OF USE

Date of last revision: 11/11/2009

By using abcFolio service and abcFolio.com website you agree to the following Terms of Use. Please read them carefully.

Acknowledgment and Acceptance of abcFolio Service Terms of Use

abcFolio (“Service”) and the website www.abcFolio.com (“Site”) are owned by Vascom, Roselle, Illinois (“Owner”). By accessing or using the Service and/or Site, you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"). Owner reserves the right, at our sole discretion, to change, modify, add or delete these ”Terms of Use” at any time without further notice. The changes will appear on this screen, with the date of the last revision, and are effective immediately. Your continued use of the Service, the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use do not use or access (or continue to use or access) the Service and the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. In the event that we change the terms of use in a way that is unacceptable to you, we reserve the right to offer you a prorated refund of any pre-paid subscription, at our discretion.

The Service

The Service consists of the features, functions, services, and content provided on abcFolio.com, as well as the features, functions, services, and content provided by third parties through the Site. abcFolio provides you with the capability to create and maintain elegant and professional looking online portfolio websites.

Membership

A "Member" is a person (i) who is at least 13 years of age and who is legally capable of agreeing to, and has agreed to, the Terms of Use, (ii) whose e-mail address, and required account information have been provided to us and are recorded as the person responsible for a specific abcFolio user account or those using the Member's account. You will be referred to as a "Member" and your account will be referred to as abcFolio "Membership." You must provide certain information in order to register for the Service. Currently we require you to submit the following items a) a valid email address and b) your first and last name. It is your sole responsibility to ensure that all information is accurate and complete at all times. If any information provided by you is untrue, inaccurate, not current or incomplete, Owner has the right to terminate your account immediately. Fees are listed on the abcFolio.com site. Subscription fees, features and storage space capacity may be changed at any time without notice.

Subscription

For the duration of the subscription Owner allows you online access to manage your website. If Service and/or Owner are to go out of business the subscription ends. Owner may terminate a subscription at any time by returning the remaining subscription fee. You may cancel your subscription at any time. Owner will not return any subscription fee if you cancel the subscription.

Account Information Security

It is your responsibility to keep your user id and password confidential and you are solely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other security breach known to you. You may request to reset your password, which will be emailed to your email account of record.

User Content

Owner considers the photo, other image and data content (“User Content”) that you share with the Service to be your own. Owner will not edit or disclose information about you or your content, except that you agree that we may do so in accordance with abcFolio then-current privacy policy or in the good faith belief that such action is reasonably necessary: (a) to comply with any laws, rules or regulations; (b) to comply with any legal process; (c) to enforce this Agreement; (d) to respond to claims that such data violates the rights of third parties; (e) to protect the interests of Owner or others. You acknowledge and agree that Owner may access your personal information and User Content to identify or resolve technical problems, to respond to service complaints or to identify illegal content/activity. In order to use the Service, you hereby agree to abide by the abcFolio current privacy policy, posted on abcFolio.com site. Such standards govern the types of photos that you can and cannot store using the Service, as well as use of such information. You acknowledge and agree that Owner is not responsible or liable for the pictures, images and other content, and usage of your website. You agree not to store or share through the Service or the Site among other items: sexually explicit, pornographic, harassing, abusive, harmful or obscene photos, or information; racist or sexist photos; stolen or fraudulent photos; photos or information related to illegal gambling, sweepstakes or other games of chance; information or content that infringes on the intellectual property rights of another third party; or any otherwise illegal information You may remove your User Content from the Site at any time. You acknowledge that the Owner may retain archived copies of your User Content.

Modification of Service

At any time, Owner may decide to modify, suspend, alter or terminate Service provided to you for any reason. Owner will make any decisions about modifications to the service in its sole discretion, with or without notice to you. You accept and acknowledge that Owner reserves this right and agree that Owner will not be responsible for any modification or discontinuation of the Service.

Termination of Service

You agree that Owner may terminate your password, account or use for any reason, at its sole discretion, including, without limitation, if Owner believes: (a) that you have violated or acted inconsistently with this Agreement; (b) that you are not in compliance with abcFolio privacy policy or (c) that you have violated the rights of Owner or other users or parties or (d) that your account is not in good standing with respect to the payment of subscription fees. You acknowledge and agree that any termination of the Service under any provision of this Agreement may be effected without prior notice, and you further acknowledge and agree that Owner may immediately delete and discard all information and files in your account and bar any further access to such files or the services.

Storage

You understand and agree that User Content will be stored on Owner’s servers and/or Owner ‘s third party partners servers. Owner assumes no responsibility for the deletion or failure to store any data or other information included by you on the Service. You are responsible for maintaining original copies of your photos and other content outside of Owner‘s servers and/or Owner’s third party partners servers.

Your Conduct

You agree to abide by all Owner standards and applicable local, state, national and international laws and regulations in your use of the Service. You agree to be solely responsible for your actions and the contents of your entries through the Service. In addition, you represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You agree not to use the Service or the Site to:

* promote an illegal or unauthorized copy of another person's copyrighted work, transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;

* impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

* upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

* upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

* use or attempt to use another's account, service or system without authorization from the account owner or/and Owner, or create a false identity on the Service or the Site;

* upload, post, transmit, store or otherwise make available content that, in the sole judgment of Owner, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose Owner or its users to any harm or liability of any type.

* upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; use the Service for illegal purposes. Owner may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform to these terms and conditions.

Copyrights

If you believe that your information or any other material has been used on the Site in a manner that constitutes copyright infringement, please provide Owner with a written notice (e-mail to abcFolio is sufficient) that includes the following information: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and e-mail address; (c) a statement by you that has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (d) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Indemnification

You agree that Owner will not be held responsible for any claims, damages, demands or fees arising out of your violations of these terms and conditions, privacy policy posted on abcFolio.com or infringements on the rights of any third parties as a result of your use of the Site or the Service. You also agree to indemnify Owner and its officers, directors, employees, agents, business partners and other third-party information/service providers for any and all claims that may arise.

Proprietary Rights

You acknowledge and agree that all Site Material, including but not limited to software, database, text, photographs, graphics or other material contained or presented to you through the Site ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are only permitted to use this Material as expressly authorized by Owner, and may not copy, reproduce, distribute, or create derivative works from this Material without express authorization.

Third-Party Websites and Links to the abcFolio Site

Owner does not review or monitor any websites linked from your website and is not responsible for the content of any such linked web sites. Your linking to such websites is at your own risk.

System Integrity

You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on our Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not use your password for any unauthorized purpose. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.

Limitation of Liability

OWNER WILL NOT BE LIABLE FOR ANY DAMAGES INCURRED IN CONNECTION WITH THE USE OF THE SERVICE. THIS INCLUDES ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES THAT MAY ARISE FROM THE USE OF THE SERVICE, THE FAILURE OF THE SERVICE, OR THE TERMINATION OF THE SERVICE. THIS LIMITATION OF LIABILITY WILL ALSO APPLY TO ANY LOSS OF DATA, INFORMATION OR CONTENT THROUGH FAILURE OF THE SERVICE OR INTERRUPTION OF TRANSMISSION. OWNER WILL NOT BE LIABLE FOR ANY HARM OR LOSS ARISING FROM UNAUTHORIZED ACCESS TO DATA, INFORMATION OR TRANSMISSION, INCLUDING, BUT NOT LIMITED TO TANGIBLE OR INTANGIBLE LOSS OF REVENUES, PROFITS, DATA OR INFORMATION. YOU AGREE THAT OWNER IS NOT LIABLE FOR ANY DAMAGES ARISING FROM THE INTERRUPTION, CANCELLATION OR SUSPENSION OF THE SERVICE, REGARDLESS OF WHETHER THE FAILURE OF SERVICE IS ANNOUNCED, JUSTIFIED, INTENTIONAL, UNINTENTIONAL OR NEGLIGENT. CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO IT IS POSSIBLE THAT CERTAIN LIMITATIONS DESCRIBED ABOVE ARE NOT APPLICABLE TO YOU.

General Disclaimer

OWNER PROVIDES THE ABCFOLIO SERVICE "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. OWNER FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. OWNER DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE SITE OR ITS SERVERS OR THIRD PARTY INTERNET SERVICE PROVIDERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND REPRESENT THAT ALL DATA, INFORMATION OR OTHER MATERIAL POSTED BY YOU TO THE SERVICE ARE THE SOLE RESPONSIBILITY OF YOU. OWNER IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR HARM DONE TO YOUR COMPUTER, SYSTEMS OR OTHER EQUIPMENT IN CONJUNCTION WITH USE OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND DISCRETION.

Governing Law

The laws of the State of Illinois shall govern this Agreement and the relationship between you and Owner. You agree that any grievances shall be settled according the procedures and laws within this jurisdiction. You further agree that any claim, cause or action related to the Service or this Agreement must be filed within one (1) year after such claim arose. Those users of abcFolio who reside or do business outside of the United States of America specifically agree to comply with all the local laws, rules, and regulations regarding the use of this Website, including but not limited to, the transmission of data over the Internet, and applicable tax laws.

Contact

If you have any questions about this Terms of Use please use "Contact Us" link on abcFolio.com.