Terms of Service

ANY PERSON OR ENTITY ("User") ACCESSING THE ASKITONLINE.COM WEB SITE (the "Site" or "Service") OR ANY OF THE INFORMATION CONTAINED HEREIN AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS ASKITONLINE.COM WEB SITE TERMS OF USE ("Agreement"):

AskItOnline.com provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. Acceptance of the TOS is absolute and applies to you as an account owner regardless of the number of surveys contained within your account.

1. PAYMENT

A billing agreement is required for all paying accounts. Free acocunts which provide limited access to the Service are not required to set up a billing agreement. AskItOnline bills in advance on a monthly basic in accordance with our pricing schedule and all payments are non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account..

You will be billed for your first month immediately upon signing up for a paying account. An upgrade from the free account to any paying account will end your free trial. You will be billed for your first month immediately upon upgrading. For any upgrade or downgrade in plan level, you will automatically be charged monthly the new rate.

On paying accounts, if you exceed the maximum number of responses allowed for a given month, a fee of $0.05 USD per response exceeding the limit will be charged to your account at the end of your billing period. On free accounts, all surveys will be deactivated once they have exceeded the maximum number of responses allowed for a given month.

All fees are exclusive of all taxes, levies or duties imposed by taxing authorities and you shall be responsibile for payment of all such taxes, levies or duties. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.

DOWNGRADING YOUR PLAN MAY CAUSE THE LOSS OF CONTENT, FEATURES OR CAPACITY OF YOUR ACCOUNT. ASKITONLINE DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

2. MEMBER ACCOUNT, PASSWORD AND SECURITY

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify AskItOnline of any unauthorized use of your password or account or any other breach of security. AskItOnline cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

3. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not AskItOnline, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. AskItOnline does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will AskItOnline be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

User agrees not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the AskItOnline web site in any manner. If User in any way Interferes with the AskItOnline web site, User agrees to pay all damages incurred by AskItOnline, including any consequential damages, and agrees that the measure of hard to determine damages will be the highest estimate of damages as provided by AskItOnline. User's Interference with AskItOnline's web site relieves AskItOnline of any of its contractual or other legal obligations to User, including AskItOnline's obligations under its Privacy Policy. AskItOnline will cooperate with the authorities in prosecuting any User who Interferes with AskItOnline's web site, attempts to defraud AskItOnline, or attempts to defraud credit card companies or any other parties through User's use of AskItOnline's web site or services.

You agree to not use the Service to:

• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, an AskItOnline official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

Violation of any of the items in this Section relieves AskItOnline of any of its contractual or other legal obligations to User, including AskItOnline obligations under its Privacy Policy.

AskItOnline reserves the right to refuse any or all service to any User for any reason, at any time, at AskItOnline's sole discretion. User agrees that AskItOnline may block its IP address or addresses at any time, and at AskItOnline's sole discretion, thereby disallowing User's continued use of AskItOnline's web site.

4. MODIFICATIONS TO SERVICE

AskItOnline reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that AskItOnline shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

5. USE AND STORAGE

You acknowledge that AskItOnline may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service, the maximum disk space that will be allotted on AskItOnline's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that AskItOnline has no responsibility or liability for the deletion or failure to store any survey data or other Content maintained or transmitted by the Service. You acknowledge that AskItOnline reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that AskItOnline reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

6. TERMINATION

You agree that AskItONline may, under certain circumstances and without prior notice, immediately terminate your AskItOnline account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. Termination of your AskItOnline account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in AskItOnline's sole discretion and that AskItOnline shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service. All fees paid to AskItOnline are non-refundable.

7. EXTERNAL LINKS

The Service or third parties may provide links to other World Wide Web sites or resources. Because AskItOnline has no control over such sites and resources, you acknowledge and agree that AskItOnline is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that AskItOnline shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

8. LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ASKITONLINE SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE ASKITONLINE SITES/SERVICES AND TO THE INFORMATION THEREIN. ASKITONLINE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN ASKITONLINE SITES/SERVICES AT ANY TIME.

ASKITONLINE CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE ASKITONLINE SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ASKITONLINE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT ASKITONLINE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN ASKITONLINE SITE/SERVICE. YOU SPECIFICALLY AGREE THAT ASKITONLINE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT ASKITONLINE IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN ASKITONLINE SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL ASKITONLINE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ASKITONLINE SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE ASKITONLINE SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ASKITONLINE SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE ASKITONLINE SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ASKITONLINE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ASKITONLINE SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ASKITONLINE SITES/SERVICES.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by AskItOnline.