Terms & ConditionsLast updated July 2002
TheWebChoice.com website, and it's underlying services, will be referred to as "The System" and/or "TheWebChoice" unless otherwise written in full or referenced as another in this documentation alone. The System consists of all applications, and hardware, required to function and host any given website under the services of TheWebChoice. For purposes of these Terms, "you", and "your" shall mean you and "we", "us," and "our" means TheWebChoice and its affiliates and/or subsidiaries.
Before you enter the TheWebChoice website service agreement, please read the following Terms and Conditions (the "Terms") carefully. By having a website with TheWebChoice you agree to these terms. This will constitute a binding agreement between you and TheWebChoice. If you do not agree to the terms written herein, then do not confirm your final acceptance.
1. Website Content Policy and Acknowledgement.
You may not upload to The System any pictures or text which contain material that is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or offensive to the community or to any reasonable segment thereof. The content of the pictures and text you submit is governed by applicable laws (including laws which prohibit copyright infringement, obscenity, pornography, child pornography, or child abuse). We have no obligation to monitor the pictures or text. However, we (and our suppliers and fulfillers) reserve the right at all times to review the pictures and text, to disclose the pictures or text as necessary to satisfy any laws, regulations or government requests and to report any potential violations of law to law enforcement authorities, to refuse to post or transmit the pictures or text, to remove the pictures or text, and to refuse to host any website, that are, in our sole judgment and discretion (or in the sole judgment and discretion of our suppliers or fulfillers), objectionable or in violation of these Terms.
2. Limitation and Disclaimer of Warranties; Limitation of Liability.
You agree that any damage to or loss of content by us (or by our suppliers or fulfillers), even through negligence or other fault, will only entitle you to a refund or credit, at our option, of the current monthly price for website hosting. You must submit a claim for refund or credit within thirty (30) days of the damage or loss, with full proof and documentation of such losses. Except for such refund or credit, and the products and/or services provided to you by us (or by our suppliers or fulfillers), are without any warranty or liability of any kind, whether express, implied, statutory or otherwise. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) ALL OTHER WARRANTIES (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) ARE EXPRESSLY DISCLAIMED; (II) WE MAKE NO WARRANTY THAT THEWEBCHOICE WEBSITE OR THE PRODUCTS AND SERVICES AVAILABLE AT THE WEBSITE, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT THIS WEBSITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (III) UNDER NO CIRCUMSTANCES SHALL WE (OR OUR SUPPLIERS OR FULFILLERS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE, OR OUR SUPPLIERS OR FULFILLERS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF THE PROCESSING, STORAGE OR FULFILLMENT OF PICTURES, THE INABILITY TO USE THEWEBCHOICE WEBSITE SYSTEM, ANY CHANGES TO THEWEBCHOICE WEBSITE (OR ITS PRODUCTS AND/OR SERVICES), OR THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, THEWEBCHOICE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THEWEBCHOICE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS WEBSITE OR ANY SITES LINKED TO THIS WEBSITE.
THEWEBCHOICE SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, TO THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND THE CONTROL OF THEWEBCHOICE.
3. Terms of Email Account Use
Terms of Email Account Use only apply to subscribers of the Email Accounts Package for use with TheWebChoice and any website served from the systems. No one under any circumstances may use their Email account(s) for purpose of unsolicited advertising, illegal mailings, or any activities regarded as "SPAM". Such activities are prohibited through this system, and violations of these terms will result in a $50,000 fine, and immediate termination of all accounts, websites, and data associated with the offender. Use of the Email Accounts Package is for normal business or personal mails. Email Accounts have a quota allotment to provide useful email space, and prevent abuse of massive enclosures. Personal maintenance of email accounts is suggested, but not required, as the quota system will refuse any new incoming and outgoing emails until the email box space has been cleaned up by the user.
4. Terms of Services Payment.
Terms of payment shall be determined and otherwise agreed to by TheWebChoice. These terms of payment are outlined in the Billing Terms for Website Services. Payment must be received by TheWebChoice prior to activation of any new website added to The System. Payment shall be made by the allowed choices, or some other pre-arranged method of payment acceptable to TheWebChoice.
Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and TheWebChoice shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason.
5. Termination of Membership.
We reserve the right to terminate your membership in TheWebChoice if you violate any of these Terms or if your account becomes defined as default on failed payments, or are in bad standing with keeping up with payments. In addition, we may delete any and all information or content associated with any website account that is terminated.
It is a condition of membership that you maintain a valid email address that is capable of receiving email from us regarding your account, and that you accurately reflect that email address at all times on your Account Manager screen. Failure to do so may result in immediate termination of your membership.
You may ask TheWebChoice to terminate your membership by sending an email to the appropriate Accounts Department at TheWebChoice.
Upon termination of your membership, we will remove all information and content regarding the website account. We will have no obligation to return to you your data. The disclaimers and limitations of liabilities set forth in these Terms shall survive any such termination.
6. Other Documents Do Not Apply.
These terms and conditions may not be supplemented, altered or modified by the use of any other document(s). Any attempt to modify, supplement or amend these terms and conditions will be null and void unless agreed to in writing by TheWebChoice.
7. Term Headings.
The headings of each of these terms and conditions are for convenience of reference only and shall not form part of these terms and conditions. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.
8. Trademarks and Copyrights.
TheWebChoice, the TheWebChoice Company logo, and the TheWebChoice Company products referred to herein are either the trademarks or the registered trademarks of TheWebChoice. The absence of a product name or logo on this website does not constitute a waiver of trademark or other intellectual property rights concerning that name or logo.
All of the information, content, software, trademarks and materials appearing, contained or offered on or through TheWebChoice are protected by trademark, copyright and other applicable laws. You may not use, copy, distribute or reproduce such information, content, software, trademarks or materials without our prior written consent.
9. Privacy and Security.
We will protect and use information you provide as set forth in the Privacy Policy posted on this website, which is hereby incorporated in these Terms.
10. Correction of Errors and Inaccuracies.
The information on The System may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to website application functionality. We apologize for any inconvenience this may cause you. These updates and corrections are only to benefit the overall system and services provided by TheWebChoice to you the clients.
11. These Terms and Conditions May Change.
TheWebChoice reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of The System following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use The System. |
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