Terms and Conditions
Updated February 12, 2006.

Before using or subscribing to FamilyTree123.com, please review the following terms and conditions which define your rights, responsibilities and benefits as a user of Family Tree Website.

Family Tree Website License and Terms and Conditions of Use
FamilyTree123.com is an Internet service (the Service) owned and operated by Websketching (hereafter "we", "our" or "us"). "You" or "your" means an adult user of the Service for itself and you as parent or guardian for any minor which you allow to access the Service, for whom you will be held strictly responsible. Your use of the Service indicates that you are bound by this agreement with us. If you don't agree with any of these terms and conditions, don't use the Service. We may alter this agreement at our discretion and your continued use after any change indicates your acceptance of that change. If you don't want to be bound by a change, discontinue use of the Service.

Family Tree Websites contains graphics, information, data, editorial and other content accessible by any Internet user and similar content which is accessible only to our subscribing members, (the Website.) Whether in the free section or in the subscription section of the Service, the Website is owned and/or copyrighted by Websketching or third party providers and may be used only in accordance with this limited use license. Websketching is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.

Limited Use LICENSE
You are licensed to use the Website only for personal family use, and may download your data only. The download of the whole or significant portions of any work or database is prohibited. Resale of a work or database or portion thereof, except as specific results relevant to specific research for an individual, is prohibited. Online or other republication of the Website is prohibited except as unique data elements that are part of a unique family history or genealogy. Violation of this License may result in immediate termination of your membership and may result in legal action for injunction, damages or both. You may use access software provided on the Service only while on line and may not download, copy, reuse or distribute that software, except where it is clearly stated in connection with software that it is made available for offline use and a license for that use is provided in connection with that software.

User provided content
Portions of the Service will contain user provided content. For this, Websketching is a distributor only. By submitting your content to Websketching, you grant Websketching, the corporate host of the Service, a limited license to the content to use, host, distribute that content and allow hosting and distribution on co-branded Services of that content. You should submit only content which belongs to you and will not violate the property or other rights of other people or organizations. We will not edit or monitor user provided content. Websketching also reserves the right to remove any user provided content that comes to its attention and that it believes, in its sole discretion, is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others.

LIABILITY DISCLAIMER
The information, products, and services included on this Web Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Websketching and its third party suppliers provide all content in this Service "AS IS", and without any warranty of any kind.

Websketching, and its third party suppliers make no representations concerning the suitability, reliability or accuracy of the Website or the service provided on the Service for any purpose. We and our third party suppliers disclaim all warranties, expressed or implied, in connection with the Website and the services provided on the Service, including conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no case will we or our third party providers be liable for any direct, indirect, punitive, special or other damages including, without limitation, lost or delay of use, lost profits, loss of data or any other damage in contract, tort, equity or any other legal theory, even if advised of the possibility thereof.

Websketching may, from time to time, provide opportunities to users of the Web Service to link to or buy services from third parties. Sites of those third parties may be subject to terms and conditions different from those found here. Websketching makes no warranty concerning third party provided goods or services and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from Websketching

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply in part to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SERVICE.

Additional Guest or Subscribing Member Terms

1. REGISTRATION AND SECURITY

1.1 As part of the registration process, you will select a password and Subscriber name ("Username"). You must provide Websketching with accurate, complete, and updated registration information. Failure to do so will breach this Agreement. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the Rights of any person other than yourself without authorization; or (iii) use a name that we, in our sole discretion, deem offensive. The Site is operated in the United States of America and operated to be in compliance with the laws of the United States. Access is governed by these terms and conditions under the laws of the State of New Jersey and the United States. Registration as a user of or subscriber to the Site or services provided on th site results your customer information being stored and processed in the United States, and you, in registering or subscribing, specifically consent that storage and processing. You may access that information at any time to confirm its correctness and to keep it current in connection with your registration or subscription. If you are subscribing or registering for use of this site from outside of the United States of America, you consent to the storage and processing in the United States of the personal data you submit, within the scope of the PRIVACY POLICY, you may and should review and correct this information regularly.

1.2 You shall notify us by regular mail or by email at support@FamilyTree123.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. (b) You will be responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of Websketching, its owners or agents.

1.3 You must be 18 years or older to subscribe.

1.4 You are responsible for all usage or activity on the Website via your password account. Distribution of your password to others for access to the Website is expressly prohibited and shall constitute a breech of this Agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.

2. FEES AND PAYMENTS

2.1 Continuous Service Membership. Subscription membership in the Service is on a continuous service basis. This means that once you have become a subscribing member, your subscription will be automatically renewed and your credit card will be charged based on the subscription program (annual, quarterly, monthly, etc.) you have chosen. Credit card charges will be processed within 24 hours after subscription and products included in memberships will be shipped shortly thereafter. Except in the case of monthly subscriptions, you will be notified by email 15 days before your subscription will end, asked to correct any information which has changed and given the opportunity to "opt out" of your renewal.

In order to cancel your subscription, you must send an email to cancel@FamilyTree123.com and provide the following information:

Your First and Last Name
Your Username
Your Email address used when subscribing

2.2 Cancellations. Initial Annual Subscription. An initial annual subscription comes with the option to cancel during the first 7 days and receive a full refund, unless the subscription began with a free trial period. (Also, no refund is available in the case of a gift subscription.) The 7 day period begins on the day you register for the subscription Service, which is also the day you are given access to the subscription area of the Service. If you subscribe to the Service following a free or other trial period, that trial period takes the place of the 7 day cancellation period, and once the paid subscription begins, no refund will be provided. Cancellations during the 7 days must be made by email to cancel@FamilyTree123.com and provide the following information:

Your First and Last Name
Your Username
Your Email address used when subscribing

Your cancellation notice must be received by end of business (5:00 p.m. Eastern Time) on the 7th subscription day. Refunds are subject to return of goods. Please allow a reasonable time for the refund to reach you or be charged back to your credit card if you have subscribed by credit card. All other subscriptions, including monthly subscriptions, quarterly subscriptions, or annual renewals, may be canceled by you at any time but no refund will be made for unused subscription periods.

2.3 Subscription costs may be changed by Websketching at any time and each renewal of your subscription will be at the then standard renewal cost for the period which you originally selected when you subscribed.

3. COMMUNICATIONS BETWEEN Websketching AND YOU.

Websketching will send electronic mail to you, for the purpose of informing you of changes or additions to Websketching, or of any Websketching related products and services. You may opt out of this notification service by replying to the electronic mail that was sent with the word "unsubscribe" (without the quotes) in the subject line. For further information on our use of subscriber demographic information, see the Privacy Policy.

4. TERMINATION

Should you breach this Agreement, Websketching will revoke your license to use the Service and suspend your right of access. In such a case, no portion of your subscription payment will be refunded. Should Websketching decide to suspend the subscription service for any reason other than breach, it will refund to you the unused portion of your subscription payment, which will be your sole and exclusive remedy upon such a suspension of service.

5. MODIFICATIONS TO THIS AGREEMENT AND THE SERVICE.

Websketching has the right, at its sole discretion, to modify this Agreement or the Service at any time. Changes in service will be posted at FamilyTree123.com, or sent via email, or postal mail to you. If any portion of this Agreement or any change of this Agreement of the Service is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your subscription by emailing Account Services at cancel@FamilyTree123.com. (See section 2 regarding cancellation of subscription.) Continued use of the service now or following posted notices of changes in this Agreement means that you have accepted and are bound by the changes.

6. MISCELLANEOUS

6.1 This Subscriber Agreement is governed by the law of the State of New Jersey, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Any action to enforce this Agreement shall be brought in the federal or state courts located in Salem, New Jersey.

6.2 Official correspondence must be sent via postal mail to: Websketching Attn: FamilyTree123.com Customer Service, 440 Whig Lane Rd., Pilesgrove, New Jersey, 08098.