Use Restrictions

eMedia Technologies, Inc., presents the information on this web site for your convenience. Reproduction, distribution, or republication of any information, materials, documents, software, products, or services by any means, without the prior written consent of eMedia Technologies, Inc. is strictly prohibited. All rights not expressly granted herein are reserved.

Intellectual Property Information

The text, images, audio files, animation files, video files and their arrangement on this web site are subject to copyright and other intellectual property protection in the United States and other countries. eMedia Technologies, Inc. is a trademark of eMedia Technologies, Inc. in the United States and other countries. All other companies, product or services names may be trademarks or registered trademarks of their respective owners. No license to any intellectual property, including without limitation, any copyright, trademark, or service mark, has been granted by this web site.

Limitation of Liability

eMedia Technologies, Inc. SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER RELATED TO THIS WEB SITE OR ANY OTHER HYPERLINKED WEB SITE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR ANY DIRECT DAMAGES, (B) FOR ANY LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (C) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES OR LOSS OF PROFITS.

Miscellaneous

All matters relating to your access to or use of this web site shall be governed by laws of the State of Indiana and the United States without regard to conflicts of laws provisions. These terms and conditions are the complete and exclusive statement of the mutual understanding between you and eMedia Technologies, Inc. and these terms and conditions supersede and cancel all previous written and oral agreements and communications relating to the subject matter of these terms and conditions.

Copyright Notice

Copyright © 2005 eMedia Technologies, Inc., All rights reserved.

Privacy Policy

Your privacy on the Internet is important to us. Please read the following privacy policy of eMedia Technologies, Inc. to understand how your personal information will be treated as you use our web site. From time to time, this privacy policy may be changed by updates to this posting. You therefore should regularly visit this page to review the then-current privacy policy.

Confidentiality

In certain areas of this web site, you may choose to share personal information with us, such as your name, address, email address and other information. We may use this information for marketing and other service-related purposes like sending materials you request or keeping you updated by e-mail. Any personal information you choose to share with us will not be disclosed to anyone outside of eMedia Technologies, Inc., our related companies, or our business partners who help with this web site. We will never exchange or sell your personal information to any other company. We may, however, release information when we believe that such release is reasonably necessary to comply with the law or protect the rights, property or safety of eMedia Technologies, Inc., our users or others. In certain areas of this web site, you may choose to email a friend regarding the web site. That email will be transmitted by our web browser. We will not retain the email address of your recipient friend.

Site Traffic Monitoring

We may collect anonymous information about your visit to our site by tracking Internet Protocol (IP) addresses on an aggregate basis. We do not link IP addresses to any personal information associated to the individual visitor. We use this information only to determine how to make future visits more convenient and productive for our users.

Cookies

eMedia Technologies, Inc. may use "cookies" to track and record your preferences and activities on our web site. Cookies save you the trouble of reentering certain information in some registration areas, help to deliver content specific to you, and track which sections of the web site are most popular. The cookies we use are elements of data stored by your browser. Our use of cookies is controlled and guided by our policy on confidentiality shown above.

Subscriptions

You will only receive e-mails or mailings from eMedia Technologies, Inc. if you have requested to be on our correspondence list. If you are currently on our list and do not wish to receive further information from us, simply tell us by following the "unsubscribe" link contained in any e-mail we send you.

Your Consent

By using our web site, you consent to the collection and use of your personal information by eMedia Technologies, Inc. as outlined in this privacy policy.

Links to Third Party Sites

This web site may contain hyperlinks to third party web sites controlled by parties other than eMedia Technologies, Inc. eMedia Technologies, Inc. is not responsible for, and does not endorse any of, the contents of any other web sites. The practices of other web sites are not covered by this privacy policy.

Terms and Conditions

THIS DOCUMENT STATES THE TERMS AND CONDITIONS UPON WHICH DigiBinder.com ("DigiBinder") SERVICES ("SERVICES") ARE PROVIDED BY eMedia Technologies, Inc. OR ONE OF ITS PARTNERS TO AN INDIVIDUAL USER OR ORGANIZATION / COMPANY AS DEFINED BELOW ("USER"). USERS ARE RESPONSIBLE FOR REGULARLY REVIEWING AND BEING AWARE OF THE TERMS OF THE AGREEMENT. YOUR USE OF THE SITE/SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT WITH ALL ITS TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN. A SERVICE ACCOUNT USER IS ALSO OBLIGATED UNDER THE SERVICE ACCOUNT AGREEMENT.

If you have any questions regarding this Agreement, please send an email to info@DigiBinder.com. All Users are charged based on the current published prices or a specific Service Agreement. Rates are subject to change at any time with 30 days notice. eMedia Technologies, Inc., in conjunction with any affiliated partner, reserves the right to suspend or limit service as deemed necessary at its sole discretion and in compliance with any Service Agreement which may be in effect. User also agrees not to disable or bypass any functionality mechanisms on the Services. Services may be terminated immediately and without notice if abused.

Users Obligations Under the Terms of Use Agreement:

All Users are also obligated under the terms of the applicable Service Account Agreement, if any. Terms and obligations contained in any Service Account Agreement may supercede those contained in this agreement.

1. A Users account is to be used solely by the person or company for whom it was created. Usage of an account by more than one person or company violates the Terms of Use and is cause for discontinuation of the Services to the registered user. You are entirely responsible for maintaining the confidentiality of all your password and accounts. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify eMedia Technologies, Inc. or its partner immediately of any unauthorized use of your account or any other breach of security. eMedia Technologies, Inc. and its partners will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by eMedia Technologies, Inc. or its partner or another party due to someone else using your account or password. You may not use anyone else's account at any time.

2. The User is solely responsible for the contents of User’s files, and the Service acts as a medium for User’s online creation, editing, distribution and publication of documents. However, eMedia Technologies, Inc. reserves the right to remove from its servers any files that it deems may result in a liability exposure for eMedia Technologies, Inc.

3. User represents and warrants that the files stored and distributed through User’s account (or the distribution thereof): (a) do not infringe on any copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (b) do not violate any law, statute, ordinance or regulation, including without limitation those pertaining to export control, unfair competition, anti-discrimination and false advertising; (c) are not defamatory or trade libelous; (d) are not obscene and are being distributed only to people legally permitted to receive such files; and (e) do not contain viruses, Trojan horses, worms, time bombs, or other similar harmful or deleterious programming routines. You agree to not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service (or the network(s) connected to the Service) or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through hacking, password mining or any other means. You will not harvest or otherwise collect information about others, including e-mail addresses for spamming.

4. The Services respects the privacy of your DigiBinder.com Services contents. The Services will not monitor, edit or disclose the contents unless required by law.

5. Notwithstanding anything to the contrary herein, eMedia Technologies, Inc. may amend the terms applicable to the Services by providing notice solely through this Terms of Use agreement and any applicable Service Account Agreement. It is the User’s sole responsibility to know and adhere to the requirements under the agreement and as it may be modified in the future.

6. In the event that eMedia Technologies, Inc. is required to discontinue offering the services or chooses to discontinue the services, a notice in the form of a notification to this Terms of Use Agreement, will be posted herein. The Notice will be posted no less than 30 days before discontinuation of the service, to allow Users, if they choose, to save documents outside of the Service.

7. eMedia Technologies, Inc. may cancel a User’s account at any time based on a reasonable cause, and on notice to the User in the form of a direct email notification to the email address contained in the User’s Profile at the time. Notice will be no less than 30 days before action is taken so the user can save any stored documents outside of the Service.

8. Usage of the DigiBinder.com software ASP, documentation or other DigiBinder.com software is also covered under this agreement, including all applicable copyright and patent laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services without written permission from eMedia Technologies, Inc.

9. eMedia Technologies, Inc. reserves the right to delete any individual user account after ninety (90) days of inactivity without notice. For security reasons, new passwords will not be manually regenerated for individual user accounts.

10. In consideration of payment of the Site License Fee in Paragraph 11, eMedia Technologies, Inc. grants User a nonexclusive Site License to use the Services. The Site License is for a single User or Company as indicated in Appendix A. User’s right to use each Site License is expressly conditioned upon timely full payment of all fees due under this Agreement.

11. In exchange for the Site License described above, User will pay eMedia Technologies, Inc. the following fees during the term of this Agreement:
a.User will pay the monthly Site License Fee per site listed in Appendix B (Site License Fee) commencing on the first day the Services are delivered and continuing on or before the first day of each consecutive month thereafter during the term of this Agreement.
b.Services Implementation Fees and monthly add-ons requested by User as described in Appendix C payable within 15 days of signing this Agreement.
c.User can purchase from eMedia Technologies, Inc. certain custom programming and development services according to the fee schedule in Appendix C. Custom programming and development service fees requested by User are due and payable immediately on presentation of invoices. Upon receipt of invoice amount in full the modifications / additions will be implemented.
d.Invoices for Services will be sent quarterly and must be paid in full prior to the start of the next quarter or the account will be considered past due and subject to suspension or termination.

12. The initial term of this Agreement will start on the date this Agreement is signed and will continue for a consecutive period of 12 months after delivery of the Services to User. This Agreement will be automatically renewed on a yearly basis until either party gives written notice of its intention to not renew the Agreement at least 90 days prior to the expiration of the initial or any successive term.

13. User may not assign or transfer this Agreement in whole or in part without the prior written consent of eMedia Technologies, Inc., which will not be unreasonably withheld. This Agreement binds User and all future persons or entities assigned this Agreement.

14. User acknowledges that certain provisions of this Agreement and information about the Services and its documentation are proprietary and confidential and all information submitted to User is provided in reliance on User’s promise to keep the information confidential and for the exclusive use of its employees for its business. User will inform present and future employees who receive or have access to the Services of the confidential nature of the information and to instruct each employee that he or she will not disclose confidential information about the Services to others except to the extent the information is generally known or as required by law. User will protect and not disclose confidential information about the Services to others except to the extent the information is generally known or as required by law. User will not duplicate or permit duplication of material licensed in this Agreement except for User’s internal use. User agrees that any prohibited disclosure under this paragraph would leave eMedia Technologies, Inc. without an adequate remedy at law entitling eMedia Technologies, Inc. to immediate injunctive relief against User plus a monetary penalty of $1,000.00 per violation payable to eMedia Technologies, Inc.

15. User will not attempt to reverse engineer or duplicate the Services at any time without the express written consent of eMedia Technologies, Inc.

16. eMedia Technologies, Inc. has title to the Services and its components. User acknowledges that eMedia Technologies, Inc. is in the business of creating similar implementations of the Services, and nothing in this paragraph limits eMedia Technologies, Inc.’s right to do so.

17. This Agreement is binding upon and will inure to the benefit of eMedia Technologies, Inc. User, their successors, representatives and assigns.

18.
a.This Agreement is the entire agreement and understanding between eMedia Technologies, Inc. and User relating to the Services. All prior correspondence, conversations or memoranda are merged, replaced and without effect other than as written in this Agreement. No promises or representations other than those expressly stated have been made to induce eMedia Technologies, Inc. or User to enter into this Agreement. This Agreement may not be modified, amended or changed except in writing signed and dated by eMedia Technologies, Inc. and User.
b.If any part of this Agreement is found invalid, illegal or unenforceable, the remaining provisions are binding with the same effect as if the invalid, illegal or unenforceable provision was never included.
c.eMedia Technologies, Inc.’s failure to enforce any provision of this Agreement at any time does not waive eMedia Technologies, Inc.’s right to subsequently enforce any provision of this Agreement.
d.User will be liable for reasonable attorney fees and costs incurred by eMedia Technologies, Inc. in any action to enforce this Agreement.

EMEDIA TECHNOLOGIES, INC. AND ITS PARTNERS PROVIDE THE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. IN PARTICULAR, EMEDIA TECHNOLOGIES, INC. AND ITS PARTNERS DO NOT GUARANTEE UNINTERRUPTED, SECURE OR ERROR-FREE OPERATION OF EMEDIA TECHNOLOGIES, INC.’S SERVERS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY. THIS WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS AND USER MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IN NO EVENT SHALL EMEDIA TECHNOLOGIES, INC. OR ITS PARTNERS BE LIABLE FOR LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR BREACH OF CONTRACT OR WARRANTY OR FOR NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES. SOME STATES AND LEGAL JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

User or Service Account shall pay all sales, use, excise, and other taxes arising from the User's use of the Services, except for any taxes customarily assessed to eMedia Technologies, Inc. Unpaid accounts will be cancelled when payments are 30 days in arrears. Accounts can be re-instated by paying unpaid fees plus a $50 re-instatement fee. This Agreement shall be governed in all respects by the laws of the State of Indiana, USA. Both parties submit to jurisdiction in Indiana, USA and further agree that any cause of action arising under this Agreement shall be brought in a court located in the state of Indiana, USA. If any provision of this Agreement shall be invalid, the validity of remaining provisions of this Agreement shall not be affected. This Agreement, as written in English, is the entire Agreement between eMedia Technologies, Inc. and User with respect to the Services and supersedes all prior policies (whether written or oral) and other communications between eMedia Technologies, Inc. and User with respect to such matters except as may be specified in a valid separate Service Agreement. It may be changed only through modification of this publicly posted Terms of Use agreement by an authorized eMedia Technologies, Inc. representative. The services hereunder are powered by eMedia Technologies, Inc., an Indiana, USA corporation, located at 1410 Production Road, Fort Wayne, IN 46808 Ph 260.673.0312 (www.eMediaTech.com) All eMedia Technologies, Inc. Services are: Copyright © 2000 - 2005 eMedia Technologies, Inc. All rights reserved.