Please note that http://www.onebiz.com is permanently unavailable. Refer to the 'Terms and Condition' for loss of data. This domain "onebiz.com" is currently for sale, please contact sysadmin@smartonline.com for further details also visit us at http://www.smartonline.com to view our current products and services.

Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions govern your use of the website located at www.onebiz.com (the Site). By accessing, browsing or using the Site and any pages of the Site you are indicating that you have read and acknowledge and agree to be bound by these Terms and Conditions, the Smart Online Privacy Statement located at www.onebiz.com and any other guidelines, rules and additional terms referenced herein (collectively, Terms and Conditions). If you do not agree to every provision of these Terms and Conditions, please do not access, browse or use the Site.

These Terms and Conditions may be revised at any time and for any reason, without notice or obligation, by updating this posting. By accessing, browsing and/or using the Site following the posting of changes to these Terms and Conditions, you accept these changes. You agree to use the Site in a manner consistent with any and all applicable rules, laws and regulations. Any use of the Site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We strongly recommend that you periodically visit this page of the Site to review these Terms and Conditions. These Terms and Conditions are effective as of March 18th, 2009.

2. Site Content

The Site and all material on the Site contained therein (the "Content"), including, without limitation, all text, graphics, and other works on the Site, the Site's design and coding, all computer programs used and licensed in connection with the Site, the look and feel of the Site, and all data and reports generated by the Site are owned by Smart Online, Inc. (Smart Online) or a third party. These materials are protected under copyright, trademark and other laws. Except in connection with browsing the Site, ordering products through the Site or otherwise as expressly authorized by Smart Online or the owner of the Content in question, you may not copy, download, transmit, modify, distribute or republish any of the Content displayed on the Site, without the prior written consent of Smart Online. You may not sell, publicly display, create derivative works of, reverse engineer, assign, sub-license, transfer or otherwise exploit the Site or any Content therein. Smart Online grants you a personal, non-transferable, nonexclusive license to use the Site and the Content as expressly permitted hereunder provided that you comply with these Terms and Conditions and any other rules regarding such use.

3. Registration

Each registration is for a single user only. In consideration of your use of the Site and the services contained therein, you agree to provide accurate, current and complete information about yourself or your company as requested on the Site registration form and to maintain and promptly update the information (including, in particular, your e-mail address) you provide from time to time as necessary to keep the information true, accurate, current and complete. By accepting these Terms and Conditions, you also represent and warrant that you are 18 years of age or older and that, if you have accepted these Terms and Conditions on behalf of any business (such as a corporation, partnership, limited liability company or other organization) or other entity, you represent and warrant that you have legal authority to do so.

Any changes to your registration information should be made on the Site. If you provide information that is untrue, inaccurate, not current or incomplete, Smart Online may suspend or terminate your account and refuse any and all current or future use of the Site and the services provided.

4. Legal Requirements

Where Smart Online has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid legal process, Smart Online may disclose IP addresses, personally identifiable information, and any contents of the Site where it is legally compelled to do so. Please see the Smart Online Privacy Statement located at www.onebiz.com for information relating to the privacy and security of information collected hereunder.

5. Member Account, Password and Security

After you register on the Site, you will receive a password for your use of the Site and the services offered therein. You are responsible for keeping your password confidential. You will be responsible for all uses of your password and account. You will close the browser window for the Site at the end of each use, and you will immediately notify Smart Online of any unauthorized use of your password. Smart Online cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

6. Your Use of the Site

You are solely responsible for all messages, data, information and other materials (the "Messages") that you upload, post, e-mail or otherwise transmit ("Transmit") to the Site.

You further agree that you will not: (a) use the Site in any unlawful manner or Transmit any Message that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another's privacy or racially, ethnically or otherwise objectionable; (b) use the Site to harm minors in any way; (c) transmit any Messages: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringe any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret of any third party; (iii) that constitute unsolicited or unauthorized advertising or promotional materials, "spam," "chain letters," or pyramid schemes; or (iv) that contain any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; (d) forge headers or otherwise manipulate identifiers in order to disguise any messages transmitted through the Site; (e) interfere with the Site or servers or networks connected to the Site; (f) interfere with the ability of others to use the Site; (g) reproduce, sell, resell, sub-license, distribute or exploit for any commercial purposes, any portion of the Site, the Content or any Messages contained therein; (h) conduct your business on the Site or any web sites, with respect to Smart Online, in a way that is unfair, unlawful, or constitutes a deceptive business practice; or (i) otherwise use the Site in connection with violation of any law or contract. You acknowledge and agree that Smart Online may disclose or use any Messages that you Transmit for the purposes of (A) enforcing these Terms and Conditions; (B) complying with any laws, regulations or rules of any federal, state or local government or agency; (C) responding to claims that any Messages violate the rights of third parties; or (D) protecting the rights or property of Smart Online, its customers and the public. With respect to Messages that you Transmit to public areas of the Site, you grant Smart Online a perpetual, worldwide, royalty-free, nonexclusive license to reproduce, display, publish, modify, distribute and create derivative works of such Messages.

7. Maintenance of the Site

You agree and acknowledge that Smart Online may modify, limit, suspend or discontinue the Site or any part of the Site at any time, without notice or liability to you. Smart Online may also, from time to time, establish general rules and policies regarding use of the Site. Smart Online will post such rules and policies on the Site, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Site. Smart Online shall have no liability or responsibility with respect to any lost data or Messages such as the deletion or failure to store messages, communications or other Messages transmitted by you.

8. Linked Sites

Smart Online has not reviewed all of the sites linked to the Site and is not responsible for the content of any third-party pages or any other sites linked to the Site. Nothing in the Site, including, without limitation, any links to other sites, should be construed as an endorsement of any products, services or information of any other persons or companies by Smart Online. Your choice to link to any other off-site pages or other sites is at your own risk, and you agree to comply with all terms and conditions relating to such pages or sites. Smart Online reserves the right not to link, or to remove the link, to a particular site at any time. Any links to third-party sites are provided as a convenience to you and are neither owned nor operated by Smart Online. Smart Online has no control over these linked sites and makes no representations or warranties with respect to these linked sites. Your viewing and use of any third-party sites is at your sole discretion and risk.

9. Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Messages. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

10. Indemnification

You agree to hold harmless and indemnify Smart Online, its subsidiaries and affiliates, business partners, contractors, clients and service providers, and their respective officers, employees, agents and representatives from and against any claims, liabilities, costs or damages, including reasonable attorneys' fees and paralegal fees through final appeals, made by any third party, or relating to or arising from your use of the Site, any Messages that you Transmit to or through the Site, any violation of these Terms and Conditions by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site.

11. Smart Online Trademarks

Following are trademarks or registered trademarks of Smart Online:

SMART BUSINESS PLAN, SMART MARKETING PLAN, SBSN, BUSINESS SURVIVAL NETWORK, SMART ATTORNEY, EMPOWERING SMALL BUSINESSES GLOBALLY, SMART BUSINESS SYSTEM, SMART ACCOUNTANT, SMART VENTURE, SMART ASESOR - Spain, SMART SURVEY, SMART EMPRENDADOR - Spain, SMART ONLINE, SMART BUSINESS SYSTEM EU - Germany, ONEBIZ, OneBiz(sm) Platform

The trademarks listed above are and shall remain the property of Smart Online. All other trademarks, service marks, logos and company names (each a "Mark") used in the Site are the property of Smart Online or third parties and shall remain the property of Smart Online and such third parties. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Site without the written permission of Smart Online or such third party that may own the Mark displayed on the Site. Your misuse of any Mark displayed on the Site, or any other content on the Site, is strictly prohibited.

12. Payment

Price and availability of the Smart Online products and services sold through the Site are subject to change without notice. All payments (including any applicable taxes) must be made by credit card in United States dollars or any alternative currency Smart Online may specify. If Smart Online (or its designated agent) does not receive payment authorization from your credit card clearing service, Smart Online may immediately suspend your use of the Site. You are responsible for the payment of all charges associated with the use of the Site using your user ID and password and for submitting and maintaining accurate credit card account information on the Site therefor. If your use of the Site is terminated by Smart Online, you shall be entitled to receive a refund of any credits that remain unused at the time of termination (unless your use is terminated because you are in breach of these Terms and Conditions). You shall still be responsible for any fees or other charges incurred by you until the termination of your rights to use the Site.

13. Record of Purchase History

Subject to the terms stated herein, the Site shall make available to you information documenting the transactions made through the Site using your user ID and password. This transaction information is customarily updated within one business day of the related transaction activity and may be accessed from the "Transaction History" page on the Site.

14. Refunds

Smart Online's refund policy for its services is as follows: Smart Online considers all sales to be final. Refunds for payments made through the Site may be made at the sole discretion of Smart Online during the seven-day period following transactions made through the Site (the "Refund Period"). Refunds made during the Refund Period shall be limited to a maximum of $25 per month, per user. Such refunds are not customary after a seven-day period following transactions made through the Site and are considered only for cases in which a service or product of Smart Online fails to perform according to its expressly stated specifications.

In order to be eligible for a refund, you must supply to Smart Online the transaction confirmation number associated with the purchase on the Site and your Site user ID. This confirmation number will be made available to you on the "Transaction History" page on the Site.

15. User Files ("My Documents")

Transmitting Messages to the Site may result in the creation of one or more electronic files, which are stored in repositories labeled "My Documents" on the Site. Smart Online shall, for an indefinite period, retain these files for your ongoing use, provided that you submit your user ID and password on a login page of the Site at least once every sixty (60) days since the creation of the file(s). Smart Online shall notify you via e-mail twenty-one (21), seven (7), and (3) days prior to the deletion of these files on the sixtieth day of login inactivity. Notwithstanding the above, Smart Online retains the right to delete the above-referenced electronic files upon issuance of a refund to you, without prior notification to you via e-mail or other means.

16. Software Applications

Any software (the "Software") that is made available through the Site to download, use or otherwise license is the copyrighted work of Smart Online and/or its third-party suppliers. If applicable, use of the Software shall be governed by the terms of a license agreement (the "End User License Agreement"), which may accompany or be included with the Software. You agree to comply with the terms of all End User License Agreements that may be associated with Software that you download, use or otherwise license through the Site, in addition to these Terms and Conditions.

17. Termination

You acknowledge and agree that Smart Online may terminate your account or use of the Site for any reason, including, without limitation, your violation of these Terms and Conditions. You agree that Smart Online may terminate your access to and use of the Site without prior notice and without any liability to you or any third party.

18. Disclaimers and Limitation of Liability

SMART ONLINE IS PROVIDING THE SITE AND ITS CONTENTS, INCLUDING EXPERT CONTENT AND ADVICE DELIVERED TO YOU VIA EMAIL OR TELEPHONE EXCHANGE, ON AN "AS-IS," "AS-AVAILABLE" BASIS. SMART ONLINE DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE EXTENT THAT THEY MAY BE EXCLUDED BY LAW WITH RESPECT TO THE SITE OR THE CONTENT CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, SMART ONLINE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. SMART ONLINE DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED, SECURE OR ERROR-FREE MANNER. THE INFORMATION ON THE SITE IS FOR YOUR GENERAL USE ONLY AND SHOULD NOT BE RELIED ON IN MAKING ANY SPECIFIC FINANCIAL, LEGAL OR OTHER DECISIONS.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE IS DONE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITY. SMART ONLINE AND THIRD PARTIES WHO CONTRIBUTE TO THE SITE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND OTHER REPRESENTATIVES, ARE NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR LOST PROFITS YOU MIGHT INCUR ARISING OUT OF OR IN ANY CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, THE CONTENT, OR OTHERWISE ARISING OUT OF ANY SMART ONLINE WEB SITES, INCLUDING WITHOUT LIMITATION ANY AND ALL LIABILITY ARISING OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY AND ANY OTHER STATUTORY CONTRACT, TORT AND/OR OTHER LIABILITY, EVEN IF SMART ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

NO CONTENT OR INFORMATION DISPLAYED OR INCLUDED ON THE SITE OR OTHERWISE OBTAINED BY YOU FROM SMART ONLINE OR IN CONNECTION WITH YOUR USE OF THE SITE SHALL CREATE ANY WARRANTY, NOR IS IT INTENDED TO SUPPLY LEGAL, FINANCIAL, MANAGEMENT, HUMAN RESOURCES, ACCOUNTING, OR OTHER FORMS OF ADVICE. USE OF THE SITE IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY OR OTHER PROFESSIONAL ADVISOR. IF LEGAL OR OTHER EXPERT ASSISTANCE OR ADVICE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT.

IN NO EVENT SHALL SMART ONLINE OR THIRD PARTIES WHO CONTRIBUTE TO THE SITE BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES. IF YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, SMART ONLINE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.

19. Proper Law and Jurisdiction

These Terms and Conditions and the transactions it contemplates, including without limitation its interpretation, construction, performance and enforcement shall be governed by the laws of the State of North Carolina, U.S.A. without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on the Sales of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in North Carolina, shall not apply. The exclusive forum for the resolution of any dispute relating to these Terms and Conditions shall be the state and federal courts in Raleigh, North Carolina, USA, and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to these Terms and Conditions and agree to service of process on you by e-mail to the address you have submitted on the Site, or by any other means deemed reasonable by Smart Online.

20. Notice

Notices to you may be made via either e-mail or regular mail. Smart Online may also provide notices of changes to these Terms and Conditions or other matters by displaying notices or links to notices to you generally on the Site.

Except as set forth in Section 23, all notices, demands, or consents given from you under this Agreement will be in writing and will be deemed given when delivered to Smart Online by an email with the subject heading "CONTRACT NOTICE" which is sent to a Smart Online-designated URL for support and/or notices found at info@us.smartonline.com.

21. Violations

Please report any violations of these Terms and Conditions to Smart Online.

22. Miscellaneous

You may not assign, sublicense or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

Headings in these Terms and Conditions are for convenience only and shall have no legal meaning or effect.

No action arising under this Agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.

These Terms and Conditions, and not the conduct between us or any trade practice, shall control the interpretation of the agreement between the parties respecting the Site. Smart Online's decision not to enforce a particular provision of this Agreement does not mean that Smart Online waives the right to enforce it. Smart Online shall waive such a right only in writing.

23. Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Smart Onlines copyright agent the written information specified below.

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number and email address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

(f) A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Smart Onlines copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:

Smart Online
Attn: Legal Department
4505 Emperor Blvd, Ste 320
Durham, NC 27703