Printdoodles Hosting Service Member Agreement

Member shall not use the Services, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement or any applicable law. Without limiting the generality of the foregoing, Member agrees that Member will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website or product, transfer, or sell any information, content, artwork, graphics, software, lists of users, databases or other lists, products or services provided through or obtained from the Services other than for use as expressly permitted by this Agreement.

Printdoodles reserves the right to charge fees for the Services or any portion thereof and any applicable fees will be posted on printdoodle’s website. If Member is required to pay a fee for all or any part of the Service for which Member has chosen to subscribe, Member will make an advance payment for all applicable fees incurred by Member in connection with Member's Service Account.

PrintDoodles offers certain phone support services at no additional charge. Phone support which is offered at no additional charge is limited to technical questions only. Non-technical questions including, but not limited to, questions relating to design, search engine optimization, marketing planning or similar services, shall not be included in such phone support services.

In order for Member to participate in the Services, PrintDoodles will require Member to provide specific information about Member and (if applicable) Member's business. Member agrees to provide true, accurate and complete information and to refrain from impersonating or falsely representing Member's affiliation with any person or entity. Member shall maintain with PrintDoodles a valid and current email address of Member at all times. Member shall be responsible for maintaining the confidentiality of Member’s Service Account and password and shall be responsible for any and all transactions by persons given access to such account or password and any and all consequences of use or misuse of such account and password.

We have copyright over this Privacy Policy. Use by third parties, even by way of extract, for commercial purposes is not allowed. Infringements may be subject to legal action.

This Privacy Policy can change at any time to include / exclude clauses and does not bear responsibility for updating Users on the same.

Member hereby acknowledges that PrintDoodles may, from time to time, in its sole discretion, establish general practices and limits concerning the use of the Services and Member Site, including without limitation.

1. The maximum number of days that specific Services offerings, such as email messages, guest book entries, discussion board postings or other content posted on the Member's Site (to the extent available and subscribed for) will be retained by PrintDoodles.
2. Maximum limits on bandwidth usage that will be allotted to Member.
3. The maximum number of Member Sites and/or email addresses/accounts per Member's Service Account.
4. The maximum number of photographs or other data (if any) according to the type of Member's Service Account.

If Member finds any such changes to be unacceptable for Member's continued use of the Services, Member is free to cancel the Services and terminate Member's Service Account at any time. PrintDoodles will refund remaining portion of Member's pre-paid fees on pro rata basis.

The Service enables Members to disseminate and exchange thoughts and opinions to and with other users or the public. PrintDoodles is under no obligation, but does reserve the right in its sole discretion, to monitor, correct, pre-screen, filter, modify, intercept and analyze traffic of, copy, backup, redirect, transmit, refuse, limit access to, suspend, freeze, and remove any and all such thoughts, opinions, and other Member Content, Member Data, End-User Data etc.

PrintDoodles is not responsible for the appropriateness, legality, integrity, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of any such Member Content.

Member's right to use the Services is personal to Member and or Member's company and its employees (if applicable). Member, and not PrintDoodles, is entirely responsible for all Member Content. The term ‘Member Content’ shall include without limitation all information, data, text, literature, software, music, sound, photographs, graphics, designs, video, messages or all other materials and content, as applicable, posted or linked to by Member or its affiliates, agents, employees, representatives or customers via the Services, including, without limitation, any such information, data, text, literature, software, music, sound, photographs, graphics, designs, video, messages or all other materials and content posted or linked to on any Member Site (including, without limitation, as part of a domain name selected or used by Member) (collectively, “Member Content”). Member, and not Printdoodles, is responsible for compliance with all laws, regulations and ordinances connected with all aspects of the creation, use and maintenance of the Member Content, Services and Member Sites by Member and its affiliates, employees, agents, representatives and customers.

Member agrees that hot keys, hyperlinks, logos, marks, information may be created/inserted/put on Member Site by PrintDoodles. No compensation of whatsoever nature shall be payable by PrintDoodles to Member.

For Member's convenience, the Services may contain products, services, content and information from third party providers (such as advertisers and affiliates) and/or links to their websites ("Third Party Content"). Such Third Party Content is not under the control of PrintDoodles and PrintDoodles is not responsible for such content, including, without limitation, any link contained in such Third Party Content, or any changes or updates to such Third Party Content. PrintDoodles is under no obligation, but does reserve the right in its sole discretion to pre-screen Third Party Content available on the Services.

Member represents, warrants, and covenants that :

1. Member has the power and authority to enter into this Agreement;
2. Member, if being a natural person, is at least eighteen (18) years of age
3. Member will only access and use the Services and Member Sites in accordance with this Agreement.

Member further agrees that it is and will at all times be, in full compliance with all applicable laws, regulations, rules and ordinances regarding its business, the creation, use and maintenance of the Services, Member Sites, Member Content, Member Data, End-User Data and other data, including without limitation applicable data protection laws and export control laws, and otherwise as related to this Agreement and Member’s performance hereunder.

PrintDoodles does not claim ownership of the Member Content that Member provides to PrintDoodles or through the Services and/or that Member places on the Member Site, and PrintDoodles acknowledges and agrees that, subject to the terms and conditions of this Agreement, Member will retain any and all applicable copyright and other intellectual property rights in any Member Content it has. Notwithstanding the foregoing, Member hereby grants PrintDoodles a non-exclusive, worldwide, irrevocable, perpetual, unlimited, assignable, sub-licensable, royalty-free, license to

1. copy, host, use, reproduce, modify, prepare derivative works of, improve, distribute, transmit, publish, remove, retain, add to, combine with information provided by third parties, and publicly display the Member Content
1. on and through the Services and Member Sites for the purpose of creating, operating and maintaining the Services and Member Sites and
2. in PrintDoodles promotional and advertising materials for the limited purpose of promoting the Services, and
2. sub license to third parties such Member Content to the extent necessary for the creation, operation, and maintenance of, in part or in whole, the Services and Member Sites. Member also hereby grants PrintDoodles the perpetual and irrevocable right to delete any or all of the Member Content from PrintDoodles servers, the Services and the Member Site, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to Member or any other person.

Member hereby agrees and acknowledges that the Services and Member Sites and any software used in connection with the Services and Member Sites (the "Software") contain proprietary and confidential information of PrintDoodles and/or its licensors that is protected by applicable copyright, trade secrets, trademarks, and other intellectual property and other laws. No reproduction, distribution, or transmission of the proprietary materials of the Services or the Software is permitted without the express written consent of PrintDoodles. Member further agrees and acknowledges that content contained in sponsor advertisements or information presented to Member through the Services and advertisers is protected by applicable copyrights, trademarks, service marks, patents and other proprietary rights and laws. Any rights not expressly granted herein are reserved to PrintDoodles.

As part of the Hosting Service, PrintDoodles may provide Member access to and use of graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and similar design and graphical content (referred to herein as “Design Content”). Such Design Content may be accessed and used by Member for the sole purpose of creating, operating and maintaining Member Sites through the Hosting Service. To the extent PrintDoodles provides Member access to and use of Design Content, PrintDoodles grants Member a non-exclusive, revocable, non-transferable, non-assignable, limited license to copy, use, reproduce, modify, and publish the Design Content for the sole purpose of creating, operating and maintaining the Member Sites through the Hosting Service during the term of the Member's Hosting Service Account.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Prindoodle’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Member shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of Printdoodle, and any such attempted assignment shall be void-ab-initio. printdoodle shall have the right to freely assign all or part of this Agreement, and its rights and obligations hereunder, to any third party without requiring the consent of or notice to Member.

PrintDoodles,Printdoodles.com, the PrintDoodles logo, PrintDoodles Site Builder and other PrintDoodles owned or licensed logos and product and service names used in connection with the Services and Member Sites, are trademarks of PrintDoodles or its licensors (the “Service Marks"). Member agrees not to display or use the Service Marks in any manner whatsoever without PrintDoodles’s prior written consent. From time to time PrintDoodles may in it its sole discretion offer a limited license to Member to display PrintDoodles award logos or other symbols of merit on Member Sites after PrintDoodles in its sole discretion confers such distinctions to applicable Members. However, PrintDoodles reserves the right to withdraw such logos or symbols and delete them in its sole discretion for any reason.

PrintDoodles utilizes reasonable physical, electronic and procedural safeguards to help PrintDoodles protect against the loss, misuse, disclosure and alteration of any personal data PrintDoodles receives from Member or about Member’s end users or customers (“End-User Data”). Member is considered to be the controller of such End-User Data, and is responsible for complying with all consumer protection and data privacy laws with respect to such End-User Data, and will indemnify, defend, and hold harmless PrintDoodles and each other Indemnified Party from and against any and all Liabilities incurred by PrintDoodles and or an Indemnified Party arising out of or related to Member’s failure to so comply.

PrintDoodles utilizes reasonable physical, electronic and procedural safeguards to help PrintDoodles protect against the loss, misuse, disclosure and alteration of any personal data PrintDoodles receives from Member or about Member’s end users or customers (“End-User Data”). Member is considered to be the controller of such End-User Data, and is responsible for complying with all consumer protection and data privacy laws with respect to such End-User Data, and will indemnify, defend, and hold harmless PrintDoodles and each other Indemnified Party from and against any and all Liabilities incurred by PrintDoodles and or an Indemnified Party arising out of or related to Member’s failure to so comply.

Dashboard on PrintDoodles website for information on how to contact and/or provide notice to PrintDoodles.

Printdoodles reserves the right, in its sole discretion, at any time and from time to time, to modify, replace, remove, suspend or discontinue the Website Service, temporarily or permanently, (or any part or feature thereof), including the imposition of limits on certain features and services or restriction of access to parts or all of the Website Service, with or without notice. Printdoodles also reserves the right, in its sole discretion, at any time, to cancel, suspend, disable or refuse access to the Website Service, Member Sites or Member Content of any Member or any third party, with or without prior notice. In addition, Member understands and acknowledges that features and components of the Website Service and Member Sites may be suspended, limited, and/or terminated due to actions taken by third party suppliers, licensors, and regulators, such as TPDNVs(Third Party Domain Name Vendors).

MEMBER ACKNOWLEDGES THAT MEMBER HAS READ AND FULLY UNDERSTOOD THIS AGREEMENT AND ALL RELATED POLICIES REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT MEMBER AGREES TO ALL ITS TERMS AND CONDITIONS. MEMBER HAS INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. IN ENTERING INTO THIS AGREEMENT AND ACCEPTING THE TERMS AND CONDITIONS SET FORTH HEREIN, MEMBER REPRESENTS THAT IT HAS RELIED UPON THE LEGAL ADVICE OF ITS ATTORNEYS/LEGAL ADVISORS. NOTWITHSTANDING THE IDENTITY OF THE DRAFTERS OF THIS AGREEMENT, THE PARTIES HERETO AGREE THAT THERE WILL BE NO PRESUMPTION FOR OR AGAINST ANY PARTY ARISING OUT OF OR RELATING TO THE IDENTITY OF SUCH DRAFTERS.

To the extent Printdoodle in its sole discretion makes available to Members through the Hosting Service email services provided by one or more independent Third Party Email Services Vendor (each, a "TPESV"), Printdoodle will not be responsible for the actions or inaction of the then current TPESV or the unavailability or malfunction of its network or services. Printdoodle may change a TPESV, if any, at any time and from time to time in its sole discretion. Printdoodle is not a party to, and shall not be involved in or responsible for, any transactions, agreements, and/or disputes between Member and the TPESV ("TPESV Dispute"). In the event of a TPESV Dispute, Member hereby releases Printdoodle (and its officers, directors, agents, affiliates, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.