function fillTextArea(){
// This function pre-loads an variable called terms,
//    for use in showing Terms&Conditions in a textarea.
// All carriage return/line feed combinations must be
// replaced with \n or the script will not function.

var terms;

terms = "GYL.COM WEB SITE DEVELOPMENT AND HOSTING\nSTANDARD TERMS AND CONDITIONS\n\nThis Agreement is made between You and GYL.com (GYL) and shall consist of these Web Site Development and Hosting Standard Terms and Conditions (Terms and Conditions), the Domain Name Sign-up Pages (Sign-up Pages), and the GYL Privacy Policy [hyperlink] (Privacy Policy).  You shall mean the individual or business entity identified on the Sign-up Pages and for whom GYL is developing and hosting the Web Site (as that term is defined below).  Please read carefully these Standard Terms and Conditions and the Privacy Policy before proceeding to the Sign-up Pages.\n\n  Provision of Services.  GYL shall design, maintain, operate and host a web site (Web Site) for You in accordance with these Terms and Conditions and as set forth in the Sign-up Pages.  You shall have ten (10) calendar days to review and evaluate the Web Site (Acceptance Period). You must submit to GYL in writing within the Acceptance Period any suggested changes You may have to the Web Site.  You shall have been deemed to have accepted the Web Site if You do not submit to GYL any written comments during the Acceptance Period.  It is your responsibility to ensure the accuracy of all information contained on the Web Site.  GYL shall work with You to implement all reasonable changes within the Terms and Conditions.  Notwithstanding the foregoing, it is within GYL’s sole discretion as to whether any or all of your changes are implemented in the Web Site.  If You and GYL cannot agree as to the design and format of the Web Site, You may terminate this Agreement as provided in Section 9 below.\n  Domain Name.  GYL, at its expense, shall register the domain name for the Web Site as selected by You on the Sign-up Pages (Domain Name).  GYL shall own all right, title and interest in and to the Domain Name.  GYL hereby grants to You an exclusive, royalty-free, non-transferable, world-wide license to use the Domain Name under the terms and conditions set forth in this Agreement.  So long as this Agreement has not been terminated as provided in Section 9 below and You have paid all amounts owing to GYL, upon the second anniversary of the first public posting of the Web Site, all right, title and interest of ownership in the Domain Name shall automatically transfer to You.  In exchange for such transfer, You shall simultaneously grant GYL an exclusive, royalty-free, non-transferable, world-wide license to use the Domain Name for the purpose of hosting the Web Site.\n  Content Control.  You shall have sole control over all text, pictures, sound, graphics, videos and other data appearing on the Web Site (Content).  GYL shall not supplement, modify or alter any Content (other than modifications strictly necessary to upload the Content to the Web Site) except as necessary for the operation of the Web Site.\n  Force Majeure.  GYL shall not be responsible for the interruption of service as a result of any delay, interruption or failure in performance caused by, or resulting directly or indirectly from, acts of God, civil or military authority, interruption in the public utilities, acts of terrorism, vandalism, riots, civil disturbances, accident, fires, explosions, earthquakes, floods, strike or work interruptions, or any similar cause beyond the reasonable control of GYL.\n  Modifications.  If You desire to modify the Web Site at any time during the term of this Agreement, You shall describe in writing to GYL the desired changes (Change Notice).  Within seven (7) calendar days of such Change Notice, GYL shall submit a change order proposal (Change Order) which shall include a statement of any additional charges.  On your approval of the Change Order, the Change Order shall become a part of this Agreement.\n  User Content.  During the term of this Agreement, You hereby grant to GYL a non-exclusive, non-transferable, royalty-free, worldwide license to reproduce, distribute, publicly perform, publicly display and digitally perform all User Content (as that term is defined below) only on or in conjunction with the Web Site.  You grant no rights other than explicitly granted herein, and GYL shall not exceed the scope of its license.  For purposes of this Agreement, User Content shall mean all text, pictures, sound, graphics, video and other data provided by You for use related to the Web Site.  Subject to the provisions of Section 7 below, upon the termination of this Agreement, GYL shall cease the use of all User Content.\n  Work Product.  GYL shall be the sole and exclusive owner or licensee of all Work Product (as that term is defined below).  To the extent any User Content is permanently incorporated into any Work Product, GYL shall continue to be the sole and exclusive owner of such Work Product which may include such User Content, and such incorporation shall not act to transfer any ownership rights in the Work Product or any portion thereof to You.  For purposes of this Agreement, Work Product shall mean all HTML files, Java files, graphics files, animation files, data files, templates, formats, technology, scripts, programs, both in object code and source code form, text, pictures, designs and all documentation, and any other deliverable prepared for or used in the development, operation, hosting or maintenance of the Web Site (other than User Content).\n  Fees.  You agree to pay to GYL the Monthly Fee as set forth in the Sign-up Pages and any applicable sales, use, excise and other taxes.  Payment of the Monthly Fee is due by you no later than the fifteenth (15th) day of that same month.  You also shall be responsible for all costs related to Change Orders accepted by You and performed by GYL in accordance with GYL’s then current rate and cost schedule, as set forth in the Sign-up Pages.  All billing done by automatic debit of credit card or other form of electronic payment.\n  Term and Termination.  Either party in writing may terminate this Agreement for any reason at any time, with or without cause.  You shall be responsible for the all Monthly Fees incurred by You up to the date of termination including the entire Monthly Fee for the month in which the Agreement is terminated.  Immediately upon the termination of this Agreement, GYL shall return all User Content to You and You shall deliver to GYL the originals and all copies of the Work Product that You may have in your possession. Sections 9, 11, 12, 13, 14 and 16 shall survive termination of this Agreement.  Should termination of this Agreement occur more than two (2) years from the date of first public posting of the Web Site, GYL shall use all reasonable efforts to cooperate with You in order to transfer ownership of Domain Name to You.  GYL shall remove all copies of the Web Site from servers within its control and use reasonable efforts to remove any references to You or the Web Site from any site which caches, indexes or links to the Web Site.\n  COVENANTS.  During the term of this Agreement, You shall not distribute on the Web Site or submit to GYL any User Content that: (a) infringes on the Intellectual Property Rights (as defined below) or any rights of publicity or privacy of any third party; (b) violates any law, statute, ordinance or regulation (including, without limitation, the laws and regulations governing export control, unfair competition, antidiscrimination or false advertising); (c) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) is obscene, child pornographic or indecent; or (e) contains any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.  For the purposes of this Agreement, Intellectual Property Rights shall mean any and all now known tangible and intangible (a) rights associated with works of authorship throughout the United States, including, but not limited to, copyrights, moral rights, and mask-works, (b) trademark, service mark, and trade name rights throughout the United States, (c) trade secret rights, (d) United States patents, and (e) all other intellectual property rights of every kind and nature throughout the United States, whether rising by operation of law, contract, license, or otherwise.\n  DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY.  EXCEPT AS SET FORTH HEREIN, GYL EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.\n  Indemnity.  Subject to Section 13 below, You shall defend and hold harmless GYL against any third party claim, action, suit or proceeding arising out of or resulting from your acts, omissions or misrepresentations under this Agreement (including, without limitation, any breach of the covenants contained in Sections 10), and shall indemnify GYL for all losses, damages, liabilities and all reasonable expenses and costs (including, without limitation, reasonable attorney fees and costs) incurred by GYL as a result of any such claim, action, suit or proceeding.\n  LIMITATIONS ON LIABILITY.  IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.\n  CONFIDENTIAL INFORMATION.  Your Confidential Information is any passwords used in connection with the Web Site, all User Content which You designate as confidential, and any other materials of yours which You designate as confidential.  GYL’s Confidential Information is all Work Product and any other materials of GYL which GYL designates as confidential.  During the term of the Agreement and for two (2) years from the date of termination of this Agreement, each party shall hold the other party’s Confidential Information in confidence and shall not disclose such Confidential Information to third parties nor use the other party’s Confidential Information for any purpose other than as necessary to perform under this Agreement.  The foregoing restrictions on disclosure shall not apply to Confidential Information which is (a) already known by the recipient, (b) becomes, through no act or fault of the recipient, publicly known, (c) received by the recipient from a third party without a restriction on disclosure or use, or (d) independently developed by the recipient without reference to the other party’s Confidential Information.\n  Independent Contractors.  The parties to this Agreement are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.  Neither party shall have the power to obligate or bind the other party.\n  Miscellaneous.  This Agreement shall be construed as if written by both parties.  This Agreement shall be governed and construed in accordance with the laws of the State of California without giving effect to principles of conflict of laws.  Both parties agree to submit to jurisdiction in California and further agree that any cause of action arising under this Agreement shall be brought in a court in Placer County, California.  This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof.  If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue in full force without being impaired or invalidated in any way.  The parties agree to replace any invalid provision with a valid provision which most closely approximates the intent and economic effect of the invalid provision.  The waiver by either party of a breach of any provision of this Agreement shall not operate or be interpreted as a waiver of any other or subsequent breach.  Any modifications or amendments to this Agreement must be made in writing approved by [GYL’s President, Secretary, General Counsel?] and executed by both parties.  You may not assign, transfer, delegate or grant all or any part of your rights pursuant to this Agreement to any person or entity without GYL’s prior written consent.  Any assignment, delegation or subcontract in violation of this Section 16 shall be void and of no effect.  The parties’ rights and obligations shall bind and inure to the benefit of their respective successors and permitted assigns.  Any notices shall be given (i) in the case of GYL to: GYL 9848 Business Park Drive, Suite C, Sacramento, CA 95827, and in the case of You to the address GYL has on file for your account at that time.  It is your responsibility to ensure that GYL has your correct contact information.  Such notice shall be deemed given: upon personal delivery; if sent by facsimile, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, three (3) days after the date of mailing.";

return terms;

}


