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Terms and Acceptable use Policies WEBWORX offers Internet access and related services, including the hosting of Web Sites, through its system to its subscribers. WEBWORX does not and cannot control the content,
quality or accuracy of information available through its system or over the Internet in general. These Terms of Service set forth the basic rules which apply to WEBWORX services and use of its system. WEBWORX may change
these Terms of Service in the future upon notice published on-line or otherwise provided by WEBWORX. BY USING WEBWORX SERVICES AND SYSTEM, A SUBSCRIBER AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY THE TERMS OF
SERVICE AS PUBLISHED ONLINE OR OTHERWISE AVAILABLE FROM WEBWORX FROM TIME TO TIME. If the Terms of Service, WEBWORX services, system, or pricing is or becomes unacceptable to a subscriber, the subscriber's only right
shall be to terminate its account in accordance with the Section labeled "Termination and Suspension" below.Lawful Use WEBWORX system and services may only be used for lawful purposes and in a
manner which WEBWORX believes, in its sole discretion, to be consistent with the rights of other WEBWORX subscribers and third parties. While WEBWORX is not responsible for the content of hosted Web Sites, content on
all WEBWORX hosted Web Sites must comply with all laws and must not infringe the rights of any third party. WEBWORX services and system may only be used for lawful purposes and consistent with all rights of other
parties. Without limiting the foregoing, WEBWORX services and system shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any
other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Use and access to other networks through WEBWORX system must comply with the rules
for such other networks. Changes to Service The services provided by WEBWORX system are expected to change from time to time. WEBWORX reserves the right to change any service offered or the features of any
service offered or its system without notice, including changes to access and use procedures, such as idle disconnections, and system hardware and software. Payment Terms A subscriber must pay fees per
WEBWORX rate schedule in effect from time to time as a condition to obtaining access to WEBWORX services and system. A subscriber also must pay any sales, use or like taxes. If the payment method is by credit or debit
card and payment is not received by WEBWORX from the card issuer or its agents, the subscriber agrees to pay all amounts due upon demand by WEBWORX.(Please note: Billing is done via E-Mail )
Rate changes will be effective when published on-line or otherwise provided to subscribers. Payment terms of monthly fees are net 10 days. Payments not made within 30 days of billing date are considered delinquent. Delinquent accounts are subject to immediate suspension and/or termination without notice. Collection Agency Fees may apply to any unpaid balances Monthly charges will not be pro-rated.
Termination and Suspension Either subscriber or WEBWORX may, at its sole discretion, terminate the subscriber's account at any time with or without reason. WEBWORX also may, at its sole discretion, suspend a
subscriber's account at any time with or without reason. Monthly charges will not be pro-rated. TERMINATION OR SUSPENSION DOES NOT RELEASE LIABILITY FOR CHARGES DUE. WEBWORX may delete all data, files or other
information that is stored in subscriber's account of hosted Web Site upon termination.
No Warranty; Limitation of Liability
USE OF WEBWORX SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT USER'S
SOLE RISK. WEBWORX DOES NOT WARRANT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM UNAUTHORIZED INTRUSION, OR THAT WEBWORX SERVICES OR SYSTEM WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE
OR QUALITY; NOR DOES WEBWORX MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN GENERAL. WEBWORX SERVICES AND SYSTEM ARE PROVIDED ON AN "AS IS,"
"AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY, ALL OF
WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL WEBWORX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. WITHOUT LIMITING THE FOREGOING, WEBWORX WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF WEBWORX SYSTEM
OR SERVICES, RELIANCE BY ANY PERSON ON INFORMATION OBTAINED THROUGH WEBWORX SERVICE OR THE INTERNET, DELETION OR LOSS OF FILES OR E-MAIL, VIRUSES, ANY DELAY OR FAILURE OF PERFORMANCE, OR UNAUTHORIZED ACCESS TO RECORDS
OR FILES. THE MAXIMUM LIABILITY OF WEBWORX TO ANY SUBSCRIBER OR USER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO WEBWORX NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE
SUBSCRIBER OR USER TO WEBWORX DURING THE SIX MONTH PERIOD PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE
LIMITATIONS MAY APPLY TO EVERY SUBSCRIBER. Indemnity The subscriber agrees to indemnify and hold harmless WEBWORX, its directors, officers, shareholders, agents, employees and its other subscribers from any
and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of subscriber's account or the subscriber's Web Site whether or not authorized.
Non-Transferability Subscriber's account and right to use Webworx services and system is not transferable without Webworx consent. Subscriber agrees to protect its password and account and to keep them secure from
unauthorized users and use. Confidentiality WEBWORX treats E-mail messages as private. Exceptions are those permitted by law, including under the Electronic Communications Privacy Act of 1986 (the
"ECPA"). The ECPA permits Webworx limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate the system or protect Webworx rights or property, (ii)
upon legal demand (court orders, warrants, subpoenas) or (iii) where Webworx receives information inadvertently which appears to pertain to the commission of a crime. Users should be aware that electronic messages may
be intercepted lawfully or unlawfully outside of Webworx system. In addition, although WEBWORX has implemented certain security measures, WEBWORX cannot guaranty that its system or stored data of a subscriber will be
free from unauthorized intrusion or otherwise guaranty the privacy of information of any user. |
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