Website Design/Content Management System End User License Agreement

This Web Site/Content Management System End User License Agreement ("Agreement") is by and between Breo Design, L.L.C. ("Breo Design"), a/an Georgia Limited Liability Company, and you, your heirs, assigns, agents and contractors ("You") and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Breo Design's Web Site Design Services ("Web Site Design Services") and represents the entire Agreement between You and Breo Design. By using Breo Design's Web Site Design and Content Management Services (collectively, the "Services"), You acknowledge You have read, understand and agree to be bound by all the terms and conditions of this Agreement, and the Universal Terms of Service, along with any new, different or additional terms, conditions or policies which Breo Design may establish from time to time. Such Agreements may be found here. All Breo Design policies and agreements related to Your use of the Services are incorporated herein and made part of this Agreement by reference.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Breo Design, whether or not the transactions were in Your behalf. You acknowledge Breo Design's acceptance of any application made by You for services provided by Breo Design will take place at Breo Design's offices located in Augusta, Georgia, USA.

1. APPLICATION AND SERVICE DETAILS

The Application

Breo Design grants You a non-exclusive license to use the Services for the purpose of designing and publishing a web site for use on the Internet, and other such web site design purposes as are ordinary and customary. You are free to use the Services on any computer, but the same project may not be modified on more than one (1) computer at one time. You may customize or modify the appearance of the Services as provided and allowed by the instructions. You may not otherwise alter or modify the Application. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. You are not authorized to combine the Services with any other software program or application, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the Services other than those provided with the Content Management System (the “Application”).
Forms, and Plug-ins produced or provided by Breo Design are licensed for the exclusive use of the original purchaser on one (1) web site. You are free to modify these in any way as long as You use them on one (1) web site only. Paying for a single form and using it on multiple web sites is NOT authorized

Application Particulars

The services are online web site preparation tools which are designed to assist You in designing and publishing a web site for use on the Internet. Using the Services will give You the ability to personalize, customize and design Your web site to suit Your individual needs. Among other things, You will be able to:

1. Select from one design from more than one hundred (100) pre-designed layouts which can be customized with a variety of images and color schemes;
2. Engage in Internet sales and marketing by advertising Your business on the Internet;
3. Share Your information with others by listing information;
4. Design and customize Your website by adding text, images, pre-designed page layouts and plug-ins;
5. Display photos of Your choice; and
6. Upload files to Your web site and make them available for download. Depending on your agreement with Breo Design, these may include documents, video, images, and audio files.

Page Performance

You agree the performance of Your web site may begin to slow at varying number of pages depending on potential physical and practical constraints, including (but not limited to): system architecture, system capacity, system load, end-user internet connectivity and end-user computer configurations. You agree Breo Design has no control over potential physical and practical constraints You may experience at an uncertain number of pages on Your web site.

Hosting Services

You are responsible for ensuring Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for securing permission to use any copyrighted, trademarked or otherwise legally protected images, text, or other web site elements that are not provided by Breo Design. You affirmatively acknowledge Breo Design is relying on Your representation concerning Your proper use of all content on any web site You create or control using the Application. Moving Your web site from one hosting server or provider to another is Your responsibility. Breo Design will transfer or FTP Your web site to another hosting provider or to another hosting account within Breo Design provided that (i) your account with Breo Design has been paid in full, (ii) the hosting provider has been approved by Breo Design.

Legal Agreements

You acknowledge You and a Breo Design approved Hosting Provider ("Hosting Provider") have entered into a Hosting Service Agreement ("Hosting Agreement"). You agree to be bound by the agreements that govern all domain names hosted through the Hosting Provider, including the Hosting Service Agreement; this Agreement; and all policies and procedures as posted on its web site. You acknowledge and agree to be bound by the Web Site Design Service and Maintenance Agreement, the Website Update Service Agreement, which governs the maintenance and updates to Your website and agree to be bound by the Domain Name/Hosting Transfer Agreement, which has been incorporated herein and made part of this Agreement by reference.

The Limitations

The Services are not intended to assist You in engaging in unlawful or morally objectionable activities. Therefore, Breo Design explicitly reserves the right to terminate Your license if it comes to Breo Design’s attention that You are using the Services to participate in objectionable activities, which include, but are not limited to, the following:

• sending unsolicited email or spam;
• activities designed to defame, embarrass, harm, abuse, threaten, slander or harass Breo Design or third parties;
• activities prohibited by the laws of the United States and/or foreign territories in which You live or access the Internet;
• activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography;
• activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable;
• activities designed to impersonate the identity of Breo Design or a third party; or
• activities designed to harm minors in any way

Breo Design’s Rights

Breo Design retains all rights to the Application, web site templates, forms, and documentation. You are entitled to use this Application, the web templates, forms and documentation to build web sites and post them to the Internet. The Services and any copies You are authorized to make are the intellectual property of Breo Design. The source code and its organization are the exclusive property of Breo Design and the Services are protected by copyright, including United States Copyright Law. Except as expressly stated in Section 1 above, this Agreement does not grant You any rights in the Services and all rights are reserved by Breo Design.

Breo Design expressly reserves the right to:

1. Censor any web site hosted on its servers that, in the Company's sole opinion, is deemed inappropriate;
2. Review every web hosting account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those accounts that exceed allowable levels;
3. Modify pricing through email notification;
4. Terminate Your license for unsolicited, commercial email or SPAM; illegal access to other computer networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that Breo Design determines to be harmful to subscribers, operations, its reputation, or otherwise;
5. Terminate Your license if Your use of the Services results in, or is the subject of, legal action or threatened legal action against Breo Design or any of its affiliates or partners, regardless of whether or not such legal action or threatened legal action is eventually determined to be with or without merit

The decision to terminate Your license shall be made solely by Breo Design, and in so doing, Breo Design shall not be required to consider the merits of legal action or whether threatened legal action will actually come to pass.

Copyright © 2009-2010 Breo Design, L.L.C. All Rights Reserved.