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Terms of Service |
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1. Welcome to WebPromotions Internet Services Inc.,
In order to provide its customers quality services, WebPromotions Inc.,
requires that all Customers adhere to the guidelines,
policies, terms and conditions as described herein. WebPromotions Inc.,
reserves the right to change, amend or modify these
guidelines, from time to time, without any prior notice to
the Customer. By establishing an account and becoming a WebPromotions Inc.,
customer you hereby acknowledge that you have read,
understood and agreed to adhere to this acceptable use
policy. In addition, you also recognize that failure to
comply with these regulations may result in the termination
of your account and services at any time with or without
notice. Your use and/or continued use of the services and
maintenance of your account shall be deemed an acceptance of
this Acceptable Use Policy and any modification that may be
amended thereafter.
The Acceptable Use Policy shall be used in conjunction with
any other terms and conditions or service agreements that
are made available to the Customer.
In an industry that provides and promotes free dissemination
of information, WebPromotions Inc., must take the necessary
precautions and reserves the right to take certain
preventive or corrective actions in order to protect its own
rights and the rights of its Customers. WebPromotions Inc.,
can not and does not monitor, verify, censor, or warrant for
the accuracy or quality of information that is transmitted
or disseminated by its Customers when using its Services. As
such, it is the responsibility of each Customer to exercise
its best judgment in relying on the information obtained via
the Internet or the information that it transmits to others
via the Internet. Recognizing that much of the information
may contain sexually explicit or offensive material, WebPromotions Inc.,
disclaims any liability for injury to its Customers or other
third parties that results from inaccurate, unsuitable,
offensive or illegal Internet communications. It is for
these reasons that WebPromotions Inc., has set forth these
guidelines and restrictive policies for its Customer to
adhere to.
2. Acceptable and Restricted Use of Services
All services provided by WebPromotions Inc., shall be used
by the Customer for lawful purposes and in compliance with
all applicable laws. Since WebPromotions Inc., is not a
content provider and does not monitor the content being
transmitted, posted or stored by the Customer, it’s the
Customer’s responsibility to determine what laws or
regulations are applicable to its use of the Services and
Products provided. Customer is strictly prohibited from
storing, posting, transmitting, re-transmitting or
distributing material on or through any of the Services or
Products which in the sole discretion of WebPromotions Inc.,
(i) is in violation of any local, state, federal or
non-United States law or regulation, (ii) threatening,
obscene, indecent, defamatory or that other-wise could
adversely affect any individual, group or entity
(collectively, "Persons") (iii) violates the
rights of any person, including rights protected by
copyright, trade secret, patent or other intellectual
property or similar laws or regulations including, but not
limited to, the installation or distribution of
"pirated" or other software products that are not
appropriately licensed for use by Customer (iv) that is a
direct or indirect threatens physical harm, (v) that
displays child pornography, (vi) information that is
determined to be harassing in nature, (vi) material and
programs that contain viruses or Trojans or tools to
compromise the security of others, (vii) deceptive on-line
marketing practices, or (viii) actions that restrict or
inhibit any persons, whether a Customer of WebPromotions Inc.,
or otherwise, in its use or enjoyment of WebPromotions'
Services or Products.
3. Network and Systems Security
Customer shall not utilize any of WebPromotions' Services to
compromise the security or tamper with WebPromotions'
system, network or accounts on any of WebPromotions'
computers, routers, terminal servers, or other equipment
that is located at WebPromotions' site. Customer shall be
specifically prohibited, without limitation, of the
following:
(i) Introduction of malicious programs into the network;
(ii) Effecting security breaches or disruptions of Internet
communication. Security breaches include, but are not
limited to, accessing data of which the Customer is not an
intended recipient or logging into a server or account that
the Customer is not expressly authorized to access. For
purposes of this section "disruption" includes,
but is not limited to, port scans, flood pings, packet
spoofing and forged routing information.
(iii) Executing any form of network monitoring which will
intercept data not intended for the Customer's server
(iv) Circumventing user authentication or security of any
host, network or account
(v) Interfering with or denying service to any user other
than the Customer's host (for example, denial of service
attack).
(vi) Using any program/script/command, or sending messages
of any kind, designed to interfere with, or to disable, a
user's terminal session, via any means, locally or via the
Internet
(vii) Creating an "active" full time connection on
a Company-provided dial-up account for Internet access by
using artificial means involving software, programming or
any other method
(viii) Utilizing a Company-provided dial-up account for
purposes for Internet access other than facilitating
connectivity to the Services and Products provided by the
Company. This includes copying or creating files utilizing
more than 5MB of disk space on the dial-up account servers
(ix) Failing to comply with the Company's procedure relating
to the activities of customers on the Company's premises
4. Penalties
Any and all restrictive activities are subject to immediate
termination of Customer’s account. Customer may also be
subject to any and all criminal and civil penalties
available under the law. Accounts that have been terminated
as a result of abuse or violation of the Acceptable Use
Policy shall not be re-opened and Customer shall not be
reimbursed for any fees that may have been paid whose
services had been suspended or terminated for reasons stated
herein.
5. Indemnification
Customers agree to indemnify, waive and hold WebPromotions Inc.,,
its officers, directors, shareholders, employees, agents,
subsidiaries and affiliates harmless from any and all claims
and expenses related to the Customer’s violation of this
AUP, including any abusive or unlawful behavior on the part
of the Customer or anyone using the Customer’s account or
the infringement of any intellectual property or privacy
rights of any person or entity. This shall mean that
Customers can not sue or recover damages whatsoever from WebPromotions Inc.,
as a result of WebPromotions' decision to remove material
from its servers, warn you, suspend or terminate
Customer’s account or take any other action during the
investigation of a suspended violation or as a result of WebPromotions'
conclusion that violation has occurred.
6. Restricted Use of Mail
The following mail practices are strictly prohibited:
(i) Sending unsolicited mail messages, including the sending
of "junk mail" or other advertising material to
individuals who did not specifically request such material,
who were not previous customers of the Customer or with whom
the Customer does not have an existing business relationship
("E-mail spam").
(ii) Harassment, whether through language, frequency or size
of messages.
(iii) Unauthorized use, or forging, of mail header
information
(iv) Solicitations of mail for any other E-mail address
other than that of the poster's account or service with the
intent to harass or to collect replies
(v) Creating or forwarding "chain letters" or
other "pyramid schemes" of any type.
(vi) Use of unsolicited E-mail originating from within WebPromotions'
network or networks of other Internet Service Providers on
behalf of, or to advertise, any service hosted by WebPromotions Inc.,,
or connected via WebPromotions' network.
7. Billing Procedures
Customers are responsible to make timely payments. Customers
must furnish accurate and correct personal or corporate
billing information. It is Customer’s responsibility to
make sure that their accounts are kept up to date and
current. Customers who choose to make payment with credit
cards must provide their full name, billing address, credit
card number and expiration date. It is the Customer’s
responsibility to timely notify the billing department of
any changes in its credit card account. Payment for all
Services and Products by fraudulent means, including without
limitation, false names, unauthorized use of credit cards,
false date will result in immediate and permanent
termination of the account and possible criminal penalties.
Customers will be charged an additional fee for any returned
checks, or unprocessed credit card charges. Failure by
Customer to make timely payments may result in WebPromotions Inc.,
canceling any Customer account without notice due to
non-payment. In the event that Accountholder fails to timely
make full payment of each invoice, WebPromotions Inc.,.
reserves the right to charge interest, late fees and/or
reactivation charges on the delinquent Accountholder’s
account. In the event of cancellation by Customer, Customer
must contact WebPromotions' billing department. NON-USAGE OF
AN ACCOUNT OR NON-PAYMENT IS NOT PROOF OF CANCELLATION OF
SERVICE. WebPromotions Inc.,. reserves the right to seek the
collection of payments owed by all means available to it by
law. Accountholders are responsible for full payment on all
accounts whether or not the account is ever utilized. All
original unopened software must be returned to WebPromotions Inc.,
in order for Accountholder to be entitled to any refund. In
the event that Accountholder fails to return the original
unopened software to WebPromotions Inc.,, Accountholder will
be billed for a minimum of one month’s service. Any
billing discrepancies shall be presented to WebPromotions Inc.,
in reasonable detail, in writing, within twenty (20) days of
the date of the charge. Such notification shall not relieve
Customer of the obligation to make all payments including
the amounts disputed by the due date. WebPromotions Inc.,
shall not be obligated to consider any Customer notice of
billing discrepancies which are received by WebPromotions Inc.,
more than twenty (20) days following the date of the invoice
in question. If a Customer fails to dispute any charge after
twenty (20) days from the date of the charge, Customer
waives its rights to thereafter make any such dispute and
all such charges will be deemed valid. WebPromotions Inc.,
makes no warranties as to the availability or right to use
of any login name, E-mail address, or domain names. Login
names, E-mail addresses and domain names that are NOT
confirmed at the time of sign-up of any Customer. Payments
by check does not guarantee that the domain names are
available and/or confirmed at time of sign-up. WebPromotions Inc.,
will not refund any charges for reprinting of stationary or
any other losses incurred. WebPromotions Inc., MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF
BILLING, OR THE QUALITY OF SERVICES PROVIDED OR TO THE
WARRANTY OF MERCHANTABILITY OR TO FITNESS FOR A PARTICULAR
PURPOSE. Customer agrees that at the end of the term of the
account initially agreed to by Customer or any term
thereafter, WebPromotions Inc., may, at its sole discretion,
automatically renew such Internet account for an additional
term. Customer further agrees that upon renewal of such an
account, WebPromotions Inc., may continue to charge
Customer’s credit card or seek other form of payment from
Customer, for which Customer shall be responsible for. In
the event that Customer does not wish WebPromotions Inc., to
automatically renew such Internet account, it is
Customer’s sole responsibility to notify WebPromotions Inc.,
of such intent prior to the expiration of such term. WebPromotions Inc.,
may also, from time to time, provide Customers updates or
changes to the Customer’s account information, as it may
be deemed necessary.
8. DISCLAIMERS
WebPromotions Inc., to the fullest extent permitted by law,
disclaims all warranties, including warranty of
merchantability, fitness for a particular purpose and
non-infringement of third party rights. WebPromotions Inc.,
makes no warranties about the accuracy, reliability,
completeness, or timeliness of the material, services,
graphics, and/or links. Neither WebPromotions Inc., or its
directors, employees, licensors, content providers ,
affiliates or other representatives will be liable for any
damages whatsoever, including without limitation any direct,
indirect, incidental, consequential, special and exemplary
damages, arising from the use or performance of this web
site or from any information, services or products
represented or provided through this web site, even if WebPromotions Inc.,
has been advised of these damages. This document and
all other documents and information that are or may be
published from time to time on this web site could include
technical inaccuracies or typographical errors. Changes are
made periodically to the information contained herein. WebPromotions Inc.,.
May make improvements and/or changes in the documents,
services, products and or the programs described herein at
any time.
9. Intellectual Property Rights
Customer acknowledges and agrees that any and all
copyrights, trademarks, service marks, patents, trade
secrets and other proprietary rights and laws protect all
content and materials made available on the WebPromotions Inc.,
web site. Nothing contained on the WebPromotions Inc., web
site shall be interpreted or implied in such a way as
conferring any license or right to any intellectual property
rights or license to any intellectual property, content,
technology, system, process or related material belonging to
WebPromotions Inc., by virtue of being displayed or made
accessible on any WebPromotions Inc., web site. Except as
expressly authorized by WebPromotions Inc.,, Customer agrees
not to use this site or the Services in any manner that
would infringe, violate, dilute or misappropriate any such
rights with respect to any material which Customer accesses
through this web site or the use of Services. The WebPromotions Inc.,.
name, WebPromotions Inc., logo, other related names, designs
marks, product names or related logos are trademarks of WebPromotions Inc.,,
Inc. and may only be use with express written permission of WebPromotions Inc.,.
WebPromotions Inc., claims copyright right interests in all
original content or works provided by WebPromotions Inc. on its web
site. If any pages, information or content is copied it may
only be copied for non-commercial uses and WebPromotions Inc.,
shall in any event retain all copyright and other
proprietary interests therein. If Customer shall use a
domain name in connection with the WebPromotions Inc.,
Services, Customer shall not use that domain name in
violation of any trademark, service mark or similar rights
of any third party.
All policies stated herein are
subject to change at WebPromotions' sole discretion.
Customer shall be responsible for adhering to any new
policies implemented by WebPromotions Inc. reserves the
right to notify Customer, from time to time, or otherwise
post the changes, modifications or additions to the Policy,
Terms and Conditions, and all other agreements on the WebPromotions'
web site.
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