Rules governing the use of eSitebid.com

• post content or items in an inappropriate category or areas on the site; violate any laws, third party rights.
• use the site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our site;
• fail to deliver payment for services purchased by you, unless the contractor has materially not provided the services required.
• A clear typographical error is made, or you cannot authenticate the providers/contractors identity;
• fail to deliver services purchased from you, unless the customer fails to meet the posted terms, or you cannot authenticate the customers identity;
• manipulate the price of any service or interfere with other user's postings;
• circumvent or manipulate our fee structure, the billing process, or fees owed to eSitebid.com
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
• take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the site or for using it for purposes unrelated to eSitebid.com);
• transfer your eSitebid.com account (including feedback) and User ID to another party without our consent;
• distribute or post spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm eSitebid.com, or the interests or property of eSitebid.com users;
• copy, modify, or distribute content from the site and eSitebid.com’s copyrights and trademarks;
• harvest or otherwise collect information about users, including email addresses, without their consent.

• Posting fee, $5.00 charged to the Service User (customer requiring services).
• Commission Fee, 5% of the winning accepted bid. Charged to the Service Provider. E.g. Winning bid $1,250 X 0.05 = $62.50.
• Certified Service Providers, Commission fee 2.5%, $24.99 per month, $9.99 for a one time research fee.
• Preferred Service Providers, Commission fee 3.75%, $12.99 per month.
• Certified Service Users, $9.99 per month.
• Featured Projects, Commission fee 2. 5%, $25.00 per project. Certified users pay $12.50 for featured projects.

All posting and commission fees to eSitebid are due within 30 days. All upgrades and research fees (certified, preferred, feature project, and research fees) are due immediately. If your account has a negative balance for more than 30 days, the account will be suspended. (No posting or bidding on projects.) Changes to that policy are effective after we provide you with at least fourteen days' notice by posting the changes on the Site. We may choose to temporarily change the commissions for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.) eSitebid.com reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your eSitebid.com account or face account termination.

Background Check

To obtain a “Certified Service Provider” status you agree to permit eSitebid.com representatives to conduct a limited background check of you and/or your business. This check will involve verification of the information provided to eSitebid.com by you and/or your representatives. The information you will be asked to provide will be as follows. Your name and/or business name. Address. Two telephone numbers. Length of time in business. Two references of past customers. Any complaints, pending business related lawsuits, or pending business related bankruptcies. Any misrepresentation could lead to a permanent ban from “Certified Service Provider” status and from eSitebid.com. “Certified Service Provider” status in no way represents any endorsement of any member by eSitebid.com; in fact it only shows that “Certified Service Provider’s” initially meet certain minimum requirements. It is eSitebid.com’s recommendation that “Service User’s” conduct a detailed check of all “Service Providers” including “Certified” members, prior to conducting any business.

Escrow

eSitebid.com, provides escrow as a free, bonus, and automated service only as a tool to help members transact more securely. We do not act as an arbitrator between parties, should a dispute arise, except in limited situations. Financial disputes should be resolved between members, or via another third party, and without eSitebid whenever possible. We do, however, reserve the right to cancel an escrow payment, at any time, if we believe we are left with no other option. We also reserve the right to complete an escrow payment if no response is received from the payer, after repeated attempts at contact, for 30 continuous days.

Content License

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)

Liability

You will not hold eSitebid.com responsible for other users' actions or inaction’s, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, eSitebid.com functions as a venue to connect Service Users and Service Providers in a virtual marketplace. As a neutral facilitator, eSitebid is not directly involved in the actual transactions between users of eSitebid.com, and is not affiliated with any of the companies/contractors or customers that may bid on or place projects/jobs. The Site is a venue to allow anyone to offer, and use their services, at anytime, from anywhere, in a variety of pricing formats and venues, reverse auction and auction-style formats. We have no control over and do not guarantee the quality, safety or legality of services advertised for, or the services offered and or provided the truth or accuracy of listings, the ability of contractors/companies to sell their services, the ability of customers to pay for items or services, or that a customer or contractor will actually complete a transaction. We do not transfer legal ownership of services from the contractor to the customer, and nothing in this agreement shall modify the governing provisions of Indiana Commercial Codes. Unless the customer and the contractor agree otherwise, the customer will become the services lawful owner upon physical completion of the project/job by the contractor, in accordance with Indiana Commercial Codes. Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a Indiana resident, you waive Indiana Civil Code which may say: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Access and Interference
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to eSitebid.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.

Additionally, you agree that you will not:

take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of eSitebid.com and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the eSitebid.com privacy policy. We view protection of users' privacy as a very important community principal. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served on eSitebid.com’s national registered agent (in the case of eSitebid.com) or to the email address you provide to eSitebid.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes

If a dispute arises between you and eSitebid.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and eSitebid.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Indiana as they apply to agreements entered into and to be performed entirely within Indiana between Indiana residents, without regard to conflict of law provisions. You agree that a court located in Marion County, Indiana, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below must resolve any claim or dispute you may have against eSitebid.com. You agree to submit to the personal jurisdiction of the courts located within Marion County, Indiana for the purpose of litigating all such claims or disputes.

Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims - All claims you bring against eSitebid.com must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, eSitebid.com may recover attorneys' fees and costs up to $1000, provided that eSitebid.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

General

eSitebid.com, Indianapolis, Indiana. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. Additionally, we will notify you through the Site's message center tools. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes. You may report complaints to

Indiana Attorney Generals Office,
Consumer Protection Division
302 West Washington Street, 5th Floor
Indianapolis, IN 46204,
317-232-6330, toll free 800-382-5516