North Carolina Directories

Terms of Service

Agreement

• This Agreement explains our obligations to you, and explains your obligations to us for various Services. By selecting our Services you have agreed to establish an account with us for such Services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), this Agreement covers such services or actions. By using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us.

Fees, Payments and Billing Policies

• As consideration for the services you have selected, you agree to pay us the applicable service fees. All fees payable hereunder are covered by the "30 Day Money Back Guarantee". As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties as needed to maintain your services. By submitting to this Agreement, you represent that the statements you have made in are true and you will not use our Services for any unlawful purpose. Please contact us at (910) 762-2722 if you need further assistance



• Fees and Payments
  • All fees are payable in US Dollars. All payments are due on your account's Anniversary Date (See "Billing Cycle", for more information). The following types of payment are accepted: Visa, MasterCard, American Express, Check, and Money Order. Check and Money Orders can be sent directly to: NCDirectories, PO Box 16, Wilmington, NC, 28402-0016. Please include business name and contact information. All invoices will be sent in email form to the email address you provided during the signup process.
• 30 Day Money Back Guarantee
  • NCDirectories has a 30 Day Money Back Guarantee. If you are not completely satisfied with our services, you will receive a full refund during the first 30 days after the service was added.
• Billing Cycle
  • All payments are due on your account's Anniversary Date. Your account's Anniversary Date is the date that your account was created. All Enhanced and Premier Accounts are billed annually. If you have purchased the use of our shopping cart, you will be billed in 6 month increments. Failure to pay within 30 days will result in termination of your account.
• Cancellation Policy
  • Services will automatically renew until a service is cancelled. If you do not wish to renew your Bi-Annual or Annual Service agreement you must notify us through our Contact Us form. A cancellation refers to the removal of user materials from our systems and the deactivation of services. You will be required to pay any outstanding charges owed. NCDirectories reserves the right to cancel any account at any time without notice, for any reason NCDirectories deems appropriate.
• Service Changes
  • We encourage you to upgrade your business listing. Currently, a pro-rating system is not built into our software. To inquire about pro-rating Contact Us.
• Billing/Price Changes
  • NCDirectories reserves the right to change billing prices and policies at any time without notice.

Illegal Use

• NCDirectories servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any state or national law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Any violation of any state or national law or regulation will result in immediate cancellation of your services. By participating in any illegal activity, you give up your right to privacy. Any illegal activity that is brought to the attention of any employee of NCDirectories will be forwarded to state and/or national authorities as required by law.

Security

• Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Customer Conduct

• You are solely responsible for the contents of your listings through NCDirectories. Your use of the NCDirectories service(s) is subject to all applicable local, state and national laws and regulations.

Copyright Violations & Intellectual Property Violations

• You agree not to engage in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, you agree to not engage in activity that violates privacy, publicity, or other personal rights of others. NCDirectories is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). It is also NCDirectories's policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Actions Taken by NCDirectories

• Your failure to meet or follow any of the Terms and Conditions set forth by NCDirectories is grounds for account deactivation. NCDirectories will be the sole arbiter as to what constitutes a violation of its Terms and Conditions. NCDirectories reserves the right to remove any account without prior notice. When NCDirectories becomes aware of an alleged violation of its Terms and Conditions, NCDirectories will initiate an investigation. During the investigation, NCDirectories may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, NCDirectories may, at its sole discretion, restrict, suspend, or terminate a customer's account and/or pursue other civil remedies. If such violation is a criminal offense, NCDirectories will notify the appropriate law enforcement authorities of such violation.

Modifications to Agreement

• You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement, Section 23. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by canceling in accordance with our Cancellation Policy (See Section "Cancellation Policy", for more information). Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes.

Modifications to Your Account

• In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.

Announcements

• We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products and services offered by NCDirectories or Third Parties or other information to add security or to enhance your identity on the Internet. By accepting these Terms and Conditions and by using NCDirectories's Services you agree to our stated Privacy Policy.

Limitation of Liability

• You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service. You agree that we will not be liable for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
• You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in termination of our Services to you.
• You agree that failure to abide by any provision of this Agreement, any operating rule or policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may terminate our Services, without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
• You agree and warrant that the information that you provide to us to register for our Services is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the our e-mail service or that defects in the Services software will be corrected.
• We, in our sole discretion, reserve the right to refuse to list your Business, or to terminate the Services we provide you within thirty (30) calendar days from receipt of your payment for such services. In the event we do not list your business within such thirty (30) calendar day period, we agree to refund your fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to list your business.
• You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

Notices

• Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via regular mail. Mail shall be sent to us at NCDirectories, PO Box 16, Wilmington, NC, 28402-0016, and mail shall be sent to you at the mailing address you have provided in your registration application or as updated from time to time.

Entirety

• You agree that this Agreement and the rules and policies published by us are the complete and exclusive agreement between you and us regarding our Services. This Agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy or precedent.

GOVERNING LAW

• THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH CAROLINA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN NORTH CAROLINA AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.