FineArtStudioOnline Online Application Terms of Service / End User License Agreement (EULA)
This Online Application End User License Agreement ("Agreement") is by
and between BoldBrush, Inc a Texas Corporation dba FineArtStudioOnline
("FASO"), in Bexar County, Texas, and you, your heirs, assigns, agents
and contractors (collectively, "You") and is made effective as of the
date of Your electronic execution of this Agreement. This Agreement sets
forth the terms of service and conditions of Your use of the FASO Online
Application ("Software") and FASO website. In addition this Agreement is ONLY between You
and FASO and You understand that You have not entered into any
agreements with any other party by entering into this Agreement. By
using FASO's Software, You acknowledge that You have read, understand
and agree to be bound by all the terms and conditions of this Agreement.
You also agree that FASO may alter or amend the terms of this Agreement
in the future and You agree to be bound by any such alterations or
amendments of this Agreement as are posted and available for viewing on
the FASO website.
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 FASO, whether or not the transactions were in Your
behalf and whether or not the transactions were made with your knowledge
or authorization. You acknowledge that FASO's acceptance of any
application made by You for services provided by FASO will take place at
FASO's offices located in San Antonio, Bexar County, Texas, USA.
1. Application and Service Details
1.1 The Application
Subject to your full compliance with the terms of this Agreement, FASO
grants You a non-exclusive license to use the Software for the purpose
of designing and publishing web sites for use on the Internet. You are
free to use Software from any computer, but the same project may not be
modified on more than one computer at one time. You may customize or
modify the appearance of Software only as provided and allowed by the
instructions. You may not otherwise alter or modify the Software. You
further agree not to reverse engineer, decompile or otherwise attempt to
discover, reveal or uncover the source code. You are not authorized to
combine the Software with any other software program or application, nor
are You authorized to integrate any plug-in or enhancement, which uses
or relies upon Software other than those provided with the Software. You
are licensed to publish an unlimited number of web sites using this
Software. However, you will be required to pay a license fee for each
web site published.
1.2 The Online Wizards
Forms, and Plug-ins produced by the online wizards are licensed for the
exclusive use of the original purchaser on one Website. You are free to
modify these in any way as long as You use them on one web site only.
Paying for a single form and using it on multiple web sites is NOT
1.3 Application Particulars
The Software is an online web site preparation tool, which is designed
to assist You in designing and publishing web sites for use on the
Internet. Using Software 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:
Select from several pre-designed layouts which can be customized with a
variety of images and color schemes;
Engage in Internet sales and marketing by advertising Your business on
Share Your information with others by listing information;
Design and customize Your website by adding text, images, pre-designed
page layouts and plug-ins;
Display photos of your choice;.
Market your work with email newsletter manager; and
Use Web Site Hosting Services
You are responsible for ensuring that Your web site conforms to all, and
does not violate any, local, state, federal, and international laws.
Further, You are responsible for securing authorization or permission
to use any copyrighted, trademarked, patented or otherwise legally
protected images, text, or other web site elements or materials that are
not provided by FASO. You affirmatively acknowledge that FASO is relying
on Your representation concerning Your proper use of all content on any
web site You create or control. If your web site includes GIF images and
you are NOT using the Software, you must ensure that your GIF images are
licensed by Unisys or were created with Unisys Authorized Software.
Moving your web site from one hosting server or provider to another is
Your responsibility. FASO will not transfer or FTP Your web site to
another hosting provider.
1.4 Legal Agreements
You acknowledge that You and a FASO 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.
1.5 The Limitations
The Software is not intended to assist You in engaging in unlawful or
morally objectionable activities. Therefore, FASO explicitly reserves
the right to terminate Your license if it comes to FASO`s attention that
You are using the Software 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 third parties; activities
prohibited by the laws of the United States, and of its states, and/or
foreign; activities designed to encourage unlawful behavior by others,
such as intellectual property infringement, 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 a third party; or activities designed to harm minors in any way.
2. FASO's rights
BoldBrush Technology, LLC (developer of FASO) owns and retains all
rights to the Software, software, source code, web site templates,
forms, and documentation. You are entitled to use this Software, the web
templates, forms and documentation to build web sites and post them to
the Internet only as provided in this Agreement. The Software and any
copies You are authorized to make are the intellectual property of
BoldBrush Technology LLC. The source code and its organization are the
exclusive property of BoldBrush Technology, LLC and the Software is
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 Software and all rights are reserved by BoldBrush
Technology LLC. You also, by entering into this agreement, acknowledge
that BoldBrush Technology LLC is the SOLE copyright owner of the
Software, software, source code, web templates, forms and documentation
and all other files and associated works of authorship except for your
content and your images.
FASO additionally expressly reserves the right to:
Censor any web site hosted on its servers that, in the Company`s sole
opinion, is deemed inappropriate.
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.
Modify pricing through email notification.
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 FASO determines to be
harmful to subscribers, operations, its reputation, or otherwise.
Terminate Your license if Your use of the Software results in, or is the
subject of, legal action or threatened legal action against FASO 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 FASO, and in so doing, FASO shall not be required to consider
the merits of legal action or whether threatened legal action will
actually come to pass.
Terminate your license without cause upon notice to you.
3. Liability & Indemnification
FASO PROVIDES THE SOFTWARE "AS IS" AND WITHOUT WARRANTY OR GUARANTEE OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. IN NO EVENT SHALL FASO BE LIABLE FOR ANY LOSS OF
PROFITS, LOSS OF BUSINESS, LOSS OF DATA, UNSECURED TRANSACTIONS,
INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND, EVEN IF FASO HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES ARISING FROM ANY DEFECT OR ERROR IN THE APPLICATION.
YOU SHALL INDEMNIFY, DEFEND BY COUNSEL REASONABLY ACCEPTABLE TO FASO,
PROTECT AND HOLD FASO HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS,
LIABILITIES, LOSSES, COSTS, DAMAGES, EXPENSE, OF EVERY NATURE, INCLUDING
CONSULTANTS` AND ATTORNEYS` FEES AND COURT COSTS, DEMANDS, CAUSES OF
ACTION, OR JUDGMENTS DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO
YOUR USE THE SOFTWARE. YOU AGREE THAT IN ANY EVENT, THE MAXIMUM AMOUNT
OF LIABILITY OF FASO TO YOU SHALL BE THE AMOUNT THAT YOU HAVE PAID FASO
FOR A THIRTY (30) DAY PERIOD OF USING THE SOFTWARE, AND YOU HEREBY WAIVE
ANY POTENTIAL OF OBTAINING ANY FURTHER RECOMPENSE, UNDER ANY THEORY
WHATSOEVER, FROM FASO.
If any part of this Agreement is determined to be unenforceable or
invalid, that part of the Agreement will be interpreted in accordance
with applicable law as closely as possible, in line with the original
intention of both parties to the Agreement. The remaining terms and
conditions of the Agreement will remain in full force and effect.
5. venue; waiver of trial by jury
This agreement shall be deemed entered into and performable wholly in
the state of Texas. This Agreement shall be judged according to the laws
of the State of Texas without regard to conflict of laws issues. You
agree that exclusive venue for any legal action relating to or arising
out of this Agreement, or concerning both You and FASO in any way, shall
be solely in a court of competent jurisdiction located in Bexar county,
Texas, to which jurisdiction You hereby personally submit..
6. Intellectual Property
Microsoft, MS, Windows, Windows 95, Windows 98, Windows NT, and Internet
Explorer are registered trademarks of Microsoft Corporation in the
United States and/or other countries.
Netscape, Netscape Communicator, and Netscape Navigator are registered
trademarks of Netscape Communications Corporation in the United States
and/or other countries.
AOL and America Online are registered trademarks of America Online, Inc
in the United States and/or other countries.
InterNIC is a registered Service Mark of the U.S. Department of
Network Solutions is a registered trademark of Network Solutions, Inc in
the United States and/or other countries.
.GIF technology licensed is from Unisys Corporation. This license does
NOT allow you to use Unisys compression technologies other than through
the Application. Hosting with other Internet Service Providers (ISP)
requires you or your ISP to obtain a license with Unisys Corporation for
placing .GIF images on the Internet.
Macromedia, Flash, Flash Generator and Macromedia Flash are trademarks
or registered trademarks of Macromedia, Inc. in the United States and/or
Real Audio and Real Producer are registered trademarks of RealNetworks,
All other trademarks are the property of their respective owners.
You agree that all notices (except for notices concerning breach of this
Agreement) from FASO to You may be posted on our web site. Notices
concerning breach will be sent to You at either the postal address or
email address You have on file with FASO. In either case, delivery shall
be deemed to have been made five (5) days after the date sent. Notices
from You to FASO shall be made by email, sent to the address we provide
on our web site, or by first class mail to the address below:
PO Box 700534
San Antonio, Texas 78270
Copyright BoldBrush Technology, LLC. All Rights Reserved.