OnlineJobSource, Inc. is committed to Excellence in Service.
WITNESSETH:
That for the considerations and covenants hereinafter specified below,
the parties do for themselves, their successors, and assigns mutually
agree:
All
headings incorporated herein are for information purposes only and are
not intended to, and will not affect any legal interpretation of the
terms herein.
1.
Definitions: "Account-Password" means: A user selected password that
provides the Subscriber access to the job posting or resume posting
areas.
"Authorized
User" means: A person who the Subscriber has authorized to use the system
under the direct supervision of the Subscriber.
"Online
Job Source" means Online Job Source, Inc., HoustonJobs.com and
AustinJobs.com and shall include
its members, officers, employees, agents, representatives, and assigns.
"Content"
means: Information, communication, software, photos, video, graphics,
music, sounds, and other materials collectively.
"E-mail
Name" means: A name used by a Subscriber that identifies a particular
Subscriber.
"Company
Name" A company represented by a Subscriber.
"Subscriber"
means: the person or entity who is bound by this Agreement and meets
all qualification of the terms and conditions of this Agreement.
"TOS"
means Terms of Service Agreement (this Agreement).
"User
Ability" means: The Subscriber or Authorized User's ability to post
either available jobs or a resume.
2.
General Provisions:
(a)
Online Job Source, Inc. provides Internet Job and Resume posting services
to Subscriber's, which term includes any Authorized User, subject to
the terms and conditions of this Agreement which comprises the entire
agreement between OnLine Job Source and Subscriber, superseding any
prior oral or written agreements. Additionally, Subscriber acknowledges
and understands that additional terms and conditions may be imposed
on Subscriber in other areas of service, third-party content, or database
content.
(b)
Online Job Source, Inc. may change the terms and conditions of this
Agreement at any time. Such change shall take effect thirty (30) days
after the notice is to be posted on the OnlineJobSource.com webpage,
and shall include the effective date. Subscriber agrees to review Online
Job Source's TOS periodically. In the event Subscriber does not agree
with any change of TOS, Subscriber may discontinue the User Ability
provided by this Agreement. Continued use of Online Job Source's services
beyond the effective date of any change of TOS constitutes acceptance
of the all terms and conditions of the modified TOS.
3. Subscriber Obligation:
(a)
Subscriber certifies that he/she is at least eighteen (18) years of
age; and that all verbal or on-line registration information provided
Online Job Source is accurate, complete, and current.
(b)
Subscriber acknowledges that: Subscriber will receive (i) an Account
user name, (ii) an account password.
(c)
Subscriber's are authorized to access Online Job Source, Inc.'s Internet
sites in an individual capacity, and may not permit another individual
or entity to use the Subscriber's password for posting jobs or resumes.
(d)
Subscriber agrees to refrain from posting any content that would be
considered vulgar or inappropriate.
(e)
Billing rates for Online Job Source's services, that are not contained
in this Agreement, are detailed in the Pricing Schedule contained within
this website.
(f) Charges for services are due in advance for the period billed. Subscriber's
billed on credit cards (cards which are acceptable to Online Job Source)
will also be billed in advance for the period billed.
(g)
Accounts that have past due balances, which are balances owing ten (10)
days or more past the due date, are subject to an interruption in service
and removal any any job postings, without further notice. Additionally,
past due amounts owing that are greater than thirty (30) days are subject
to interest charges of 1.5% per month until paid. In the event a Subscriber
issues a bad check or if a credit card is denied, the Subscriber agrees
to pay Online Job Source a service charge of $15.00. In the event of
the need to pursue collection of an account in a court of law, it is
agreed that venue will be in Galveston County, Texas.
(h) Any Employer, Staffing Agency or Third Party HR group posting positions
on any of Online Job Sources, Inc's sites acknowledges our "One
Job Title - One Posting" rule. Failure to abide by this policy
by posting multiple position openings on a single job posting will result
in cancellation of the posting and forfeiture of all posting fees paid.
Online Job Source, Inc. will give violators 24 hours to correct the
listing or it will be removed from the database.
(i)
No multi-level marketing, work at home data services or pyramid
schemes will
be allowed to post opportunities on the site. Posting companies
must meet strict criteria as to validate their established business
and the job opportunity to be a true "job opportunity",
not requiring a job seeker to pay fees
in order to represent products or perform services. Any
attempt to use the resume data base for phishing and emailing of
these type postings will be turned over to the FBI Computer crimes
division. Any fees paid to Online Job Source, Inc., will be
forfeited with no refunds. Any use of stolen credit card information
will result in your IP, transaction information and details being turned
over to the FBI Computer crimes division.
(j) No jobs will be published requiring "Work at Home" accounting and/or File Clerk/Data Entry type of positions where the employer is out of the state of Texas and can not be verified by address, phone or email as being a legitimate business.
4.
Filtering Policy: (a) Online Job Source reserves the right to filter
or alter, in it's sole discretion, any content Online Job Source, Inc.
deems inappropriate for viewing.
5.
Internet Content & Copyright Information:
(a)
Subscriber acknowledges that: Online Job Source does not own the Internet
and is not a content provider, and that all Content on the Internet
is supplied by others, which Content is wholly beyond the control of
Online Job Source; Subscriber shall use Online Job Source's service
at their own risk; and Subscriber is solely and entirely liable for
all activities of Subscriber, including any Authorized User on the Account.
(b)
Subscriber acknowledges that: Content downloaded may contain viruses
or other programs designed to harm, interrupt, or compromise programs
or files on Subscriber's computer(s). Subscriber agrees to employ current
and updated virus-checking software, and to have a verified back-up
of programs and files necessary to properly and accurately recover from
a virus or other loss of data.
6.
Subscriber Conduct; Certain Acts Prohibited: Subscriber agrees that
the following acts of Subscriber or any Authorized User are prohibited
and that Subscriber shall not: post, transmit, or promote any unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
hateful, racially or ethnically offensive, or otherwise objectionable
Content; harass, threaten, embarrass, cause distress, unwanted attention,
or discomfort upon another Subscriber or user of the services provided
by Online Job Source; post, transmit, promote, link, or facilitate the
distribution of sexually explicit or other Content which is deemed by
Online job Source to be inappropriate or offensive; disrupt the normal
flow of dialogue in a chat room or on a message board or otherwise act
in a manner that negatively affects other users of the Internet; impersonate
any person or entity, including but not limited to an online Job Source
employee, a forum leader, guide or host, or communicate under a false
name or a name that the Subscriber is not entitled or authorized to
use, or impersonate a minor; post or transmit a chain letter or pyramid
scheme; post or transmit any unsolicited advertising, promotional materials,
or other forms of solicitation to any user of the Internet, except in
those areas that are expressly designated for such a purpose; collect
or harvest eMail names of other users of the service without permission;
"spamming" which can be described as the use of (and/or appearing to
use) the service for sending unwanted and unsolicited electronic eMail
messages; or transmit any communication or solicitation designed or
intended to obtain any password, account, or private financial information
from any user of the Internet; access, attempt to access, or tampering
with Online Job Source's servers and equipment in any unauthorized manner;
violate any law, provision, operating rule, policy, or guideline of
Online Job Source, or any other interactive service; or violate any
applicable local, state, national, international, or foreign law, or
rules or regulations having the force of law.
FBI
WARNING: Computer and Internet crimes are investigated by the FBI utilizing
many criminal statutes under the FBI's jurisdiction. The Computer Fraud
and Abuse statute was amended during the prior Congress and is a comprehensive
tool to address computer crimes. Internet crimes conducted to defraud
consumers are addressed within myriad statutes including Fraud by Wire,
Mail Fraud, Interstate Transportation of Stolen Property, and Money
Laundering to name only a few. Other computer related crimes involving
Intellectual Property including Hacking, Destruction of Property, Industrial
Espionage, Economic Espionage, and Copyright Infringements are also
investigated. Convictions of federal computer and Internet crimes can
involve fines of up to $1,000,000.00 and imprisonment of up to 20 years.
7.
Subscriber Information:
(a)
Online Job Source, to the best of it's ability, has taken measures to
prohibit unauthorized access to Subscriber account information, including
Subscriber's name, address, telephone numbers, e-mail addresses, eMail
messages, billing information, credit information, passwords, and credit
card numbers.
Online
Job Source will not release this information to any third-party, except
at the Subscriber's direction, or as required by law, court order, subpoena,
or criminal investigation by a law enforcement agency. Online
Job Source does
not represent that its efforts cannot be defeated or circumvented.
(b)
Subscriber acknowledges that information released by the Subscriber
to a third-party on the Internet is beyond the control of Online
Job Source. BEWARE:
DO NOT GIVE OUT ANY SOCIAL SECURITY NUMBERS OR CHECKING/BANKING
INFORMATION TO ANYONE! THERE ARE INDIVIDUALS RUNNING
SCAMS IN THE JOB POSTING NETWORKS ADVERTISING "WORK
AT HOME - ACCOUNT REPRESENTATIVE" POSITIONS. THIS
SHOULD BE A RED LIGHT TO YOU! THEY WANT YOU TO DEPOSIT
CHECKS FROM OUT OF THE COUNTRY AND THEN MAIL OFF A PERSONAL CHECK
TO SOMEONE HERE IN THE STATES. DO NOT FALL INTO THIS SCAM.
THEIR GOAL IS TO GET YOUR ACCOUNT INFORMATION AND THEN REMOVE
ALL YOUR MONEY!
Subscriber understands that disclosure of information (i.e. eMail address,
telephone number, address, place of work, and other personal information)
to any third-party should be done with caution. Subscriber and any Authorized
User shall not at any time disclose any Account-Password to any third-party,
or verbally to Online
Job Source, Inc.,
its employees, agents, representatives, or assigns.
8.
Collection of Information Online
Job Source, Inc.
does not retain information, except under special circumstances, on
chat rooms, oral on-line communication, or records with whom the Subscriber
communicated with in chat rooms.
9.
ONLINE JOB SOURCE'S LIABILITY; DISCLAIMER OF WARRANTY; AND INDEMNIFICATION:
ONLINE
JOB SOURCE
MAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO ANY MATTER WHATSOEVER,
INCLUDING WITHOUT LIMITATION AS TO ONLINE
JOB SOURCE'S
SERVICE, SOFTWARE, INTERNET, OR THEIR MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE. SUBSCRIBER ACKNOWLEDGES AND AGREES: THAT ONLINE
JOB SOURCE
DOES NOT OWN THE INTERNET, IS NOT A CONTENT PROVIDER, DOES NOT ENDORSE,
WARRANT, OR GUARANTEE ANY PRODUCT, CONTENT, OR SERVICE OFFERED THROUGH
THE INTERNET, AND SUCH CONTENT, PRODUCT, AND SERVICE IS WHOLLY BEYOND
THE CONTROL OF ONLINE
JOB SOURCE;
ONLINE
JOB SOURCE
PROVIDES ITS SERVICE TO THE INTERNET ON AN "AS IS" AND "AS AVAILABLE"
BASIS FOR SUBSCRIBER'S PERSONAL OR BUSINESS USE. ONLINE
JOB SOURCE
MAKES NO REPRESENTATIONS THAT INTERNET ACCESS WILL AT ALL TIMES BE AVAILABLE;
THAT SUBSCRIBER ASSUMES ALL RISKS OF LOSS OR DAMAGE; THAT ANY AFFIRMATION
OF FACT OR PROMISE MADE BY ONLINE
JOB SOURCE
SHALL NOT BE DEEMED TO CREATE ANY EXPRESS OR IMPLIED WARRANTY; SUBSCRIBER
IS NOT RELYING ON ONLINE
JOB SOURCE'S
SKILL OR JUDGMENT IN SELECTING ANY PARTICULAR SERVICE SUITABLE FOR ANY
PURPOSE; AND THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THOSE ON THE
FACE OF THIS AGREEMENT. HOWEVER, SUBSCRIBER UNDERSTANDS AND AGREES THAT
IN THE EVENT ONLINE
JOB SOURCE SHOULD
BE FOUND LIABLE FOR LOSS OR DAMAGE DUE FROM ONLINE
JOB SOURCE'S
FAILURE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED WITHIN THIS AGREEMENT
IN ANY RESPECT WHATSOEVER, ONLINE
JOB SOURCE'S
LIABILITY SHALL BE LIMITED TO A SUM EQUAL TO TEN (10%) PERCENT OF THE
SERVICE CHARGE OR TWO HUNDRED FIFTY ($250.00) DOLLARS, WHICHEVER IS
GREATER, AS LIQUIDATED DAMAGES, NOT AS A PENALTY; AND THIS REMEDY SHALL
BE EXCLUSIVE, IRRESPECTIVE OF CAUSE OR ORIGIN FOR ANY DAMAGE, DIRECT
OR INDIRECT TO PERSONS OR PROPERTY, FROM PERFORMANCE OR NONPERFORMANCE
OF THE OBLIGATIONS IMPOSED BY THIS AGREEMENT. IN THE EVENT ANY THIRD-PARTY
TO THIS AGREEMENT MAKES ANY CLAIM OR FILES ANY ACTION AGAINST ONLINE
JOB SOURCE, INC.,
SUB-SCRIBER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS ONLINE
JOB SOURCE
FROM ANY AND ALL SUCH CLAIMS AND ACTIONS AND SHALL PAY ALL COSTS OF
SUCH CLAIM OR ACTION, INCLUDING BUT NOT LIMITED TO ALL DAMAGES, EXPENSES,
COSTS, AND ATTORNEYS FEES. SUBSCRIBER ADDITIONALLY AGREES TO WAIVE RIGHT
OF SUBROGATION, AND AGREES NOT TO PARTICIPATE WITH SUBSCRIBER'S INSURANCE
COMPANY IN ANY ACTION AGAINST ONLINE
JOB SOURCE.
10.
Service Termination:
(a)
Either party may terminate the service under this Agreement by giving
the other party thirty (30) day advance written notice by way of eMail.
Subscriber understands and agrees that termination of service is Subscriber's
sole remedy with respect to any service dissatisfaction with Online
Job Source.
(b)
Notwithstanding paragraph (a) of this section, Online Job Source may,
without liability, terminate service without further notice in the event
Subscriber violates any of the terms or conditions contained herein,
and Online
Job Source, Inc.
shall not be obligated to refund to Subscriber any unearned portion
of prepaid fees.
11.
Determination, Venue, and Non-Waiver: Any judicial or other determination
nullifying or declaring unenforceable any clause or condition herein
shall not affect the remainder of this Agreement, which shall remain
in full force and effect. This Agreement is performable in Houston,
Harris County, Texas, and venue involving any action in this Agreement
shall be performed in Harris County, Texas. In the event Online
Job Source fails
to enforce any breach of agreement, policy, or rule, it shall not be
deemed to create a waiver of such enforcement in the future.
12.
Privacy / Security: Online
Job Source
reserves the right to correct system errors using means, including but
not limited, to examining logs and other records, accessing an account
mailbox, or other various means necessary to ensure proper functioning
of systems. Online
Job Source does
not guarantee the security of any eMail or other data on the system
including that transmitted using secure servers. Online
Job Source
assumes no liability for the loss of private or confidential information
or material. Subscriber's should be aware that no computer system/network
is safe from system failures or intrusions by unauthorized parties,
and therefore no sensitive material should be passed through or stored
in the network. Online
Job Source
will endeavor to provide the latest security measures .
Last
updated 1/1/2011
