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CAREFULLY
READ the terms of this agreement, which governs your use of the
THE WEB PLACE (www.web-place.com)
Services. THE WEB PLACE (www.web-place.com) may modify this
agreement at any time and in any manner. Any modification is
effective immediately upon either a posting on THE WEB PLACE
domain (www.web-place.com/policies), electronic mail, or
conventional mail. Your continued use of THE WEB PLACE Services
following notice of any modification to this Agreement shall be
conclusively deemed an acceptance of all such modification(s).
THE WEB
PLACE (www.web-place.com/policies) grants to you
("Member") a non-exclusive, non-transferable right to
access, use and display THE WEB PLACE (www.web-place.com/policies)
Service on any machines) of which you are the primary user. THE
WEB PLACE (www.web-place.com/). Service is provided on an
"AS IS," "AS AVAILABLE" basis WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL
ADVICE OR WRITTEN INFORMATION GIVEN BY THE WEB PLACE
(www.web-place.com/), ITS EMPLOYEES, LICENSORS OF THE LIKE,
SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH
INFORMATION OR ADVICE.
You
understand that except for information products or services
clearly identified as being supplied by THE WEB PLACE
(www.web-place.com/), neither THE WEB PLACE
(www.web-place.com/), nor any of its affiliates, operates or
controls any information, products or services accessible
through THE WEB PLACE (www.web-place.com/)
Service in any way and that, except for such THE WEB PLACE
(www.web-place.com/) identified information, services or
products, all merchandise, information and services offered or
made available or accessible through the Service are offered or
made available or accessible by third parties who are not
affiliated with THE WEB PLACE (www.web-place.com/) or its
affiliates. YOU EXPRESSLY AGREE that use of THE WEB PLACE (www.web-place.com/)
Service is at your SOLE RISK and YOU AGREE that any information,
service or product accessible through the Service is WITHOUT
WARRANTIES OF ANY KIND BY THE WEB PLACE (www.web-place.com/) AND
ITS AFFILIATES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Member may
order and purchase merchandise or services from other Members
and users of other communications outlets including the
Internet. Member acknowledges that all transactions concerning
third party ("Seller") merchandise or services,
including but not limited to purchase terms, payment terms,
warranties, guarantees, maintenance and delivery, are solely
between Seller and Member. THE WEB PLACE (www.web-place.com/)
makes no warranties or representations whatsoever with regard to
any goods or services provided by Seller. THE WEB PLACE
(www.web-place.com/) shall not be a party to a transaction
between Member and Seller, or be liable for any cost or damage
arising either directly or indirectly from any action or
inaction of Seller or Member.
UNDER NO
CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE WEB PLACE
(www.web-place.com/), OR ANYONE ELSE INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING THE WEB PLACE (www.web-place.com/)
SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR
INABILITY TO USE THE WEB PLACE (www.web-place.com/) SERVICE
including but not limited to reliance on any information
obtained on THE WEB PLACE (www.web-place.com/) Service; or that
result from mistakes, omissions, interruptions, deletion of
files or e-mail, errors, defects, viruses, delays in operation,
or transmission, or any failure of performance, whether or not
limited to acts of God, communications failure, theft,
destruction or unauthorized access to THE WEB PLACE’S
(www.web-place.com/)'s records, programs or services. YOU HEREBY
ACKNOWLEDGE that this PROVISION SHALL APPLY WHETHER OR NOT THE
WEB PLACE (http://www.web-place.com/)
IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND that this
PROVISION SHALL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES
AVAILABLE THROUGH THE WEB PLACE (www.web-place.com/) SERVICE.
Member is
responsible for all charges (e.g., telephone) associated with
connecting to THE WEB PLACE (www.web-place.com/) Service through
an available access number or leased circuit. Member is
responsible for obtaining or providing all telephone access
lines, telephone and computer equipment (including modem(s),
routers, etc), or other access device, necessary to access THE
WEB PLACE (www.web-place.com/) Service.
Member
certifies to THE WEB PLACE (www.web-place.com/) that he/she is
not a minor. (A minor's parent or legal guardian may authorize a
minor to use his/her account(s) under supervision by the parent
or guardian). For purposes of identification, billing and
marketing, Member agrees to provide THE WEB PLACE
(www.web-place.com/) with accurate, complete, and updated
information required
by the registration to THE WEB PLACE (www.web-place.com/)
Service ("Member
Registration Data"), including Member's
legal name, address, telephone number(s), and applicable payment
data (e.g., credit card number and expiration date).
Member agrees to notify THE WEB PLACE (www.web-place.com/)
within thirty (30) days of any changes in Member Registration
Data. Failure to comply fully with this provision may result in
immediate suspension or termination of your right to use THE WEB
PLACE (www.web-place.com/) Service.
Accounts/Charges/Payment.
(a) This
Agreement applies to all accounts, sub-accounts, and alternative
account names associated with Member's principal account. Each
Member is responsible for the use of his/her/its account(s)
under any name on that account by any person, and for ensuring
full compliance with this Agreement by all users of his/her/its
account(s). A THE WEB PLACE (www.web-place.com/) Service account
may not be transferred without prior written approval from THE
WEB PLACE (www.web-place.com/) and is subject to any limits
established by THE WEB PLACE (www.web-place.com/).
(b) Member
is responsible for maintaining the confidentiality of
his/her/its passwords, as well as the security of his/her/its
own private network. Member is responsible for all activities
and charges resulting from use of Member's principal account
with THE WEB PLACE (www.web-place.com/) Service. Member agrees
to pay all monthly membership fees; connect time charges,
surcharges, applicable taxes and other charges incurred by
Member and/or his/her/its designated users. In the event of a
breach of security, Member will remain liable for any
unauthorized use of THE WEB PLACE (www.web-place.com/) Service
until Member notifies THE WEB PLACE (www.web-place.com/) by
calling (866)-484-1101 (customer service).
(c) Accounts
may be upgraded to the next level of usage at no charge. There
is a surcharge of $5 to downgrade an account type if the Member
is not contractually bound to a particular level of service. For
this change to take place for the current month, Member must
notify us by the 20th. If notice is received after the 20th, the
change will not take effect until the following 1st of the
month.
(d) Current
rates for using THE WEB PLACE (www.web-place.com/) Service may
be obtained by calling (866) 484-1101 or through THE WEB
PLACE’S (www.web-place.com/)'s website or affiliate websites.
THE WEB PLACE (www.web-place.com/) reserves the right to
increase fees, surcharges, monthly membership fees or to
institute new fees at any time upon thirty (30) days prior
notice; except in cases where price is contractually agreed upon
by the Member and THE WEB PLACE (www.web-place.com/). THE WEB
PLACE (www.web-place.com/) may reduce these fees at any time
without notice to Member. In the event that a Member's account
is terminated or canceled, on-line time credited to Member's
account is not convertible to cash or other form of credit. If
THE WEB PLACE (www.web-place.com/) does not receive the full
amount of Member's THE WEB PLACE (www.web-place.com/) Service
account balance within twenty (20) days of the invoice date or
billing date, the greater of an additional $5, or 1.5% of the
outstanding balance may be added to Member's bill as a late
charge each month and shall be due and payable. Member shall
also be liable for all attorney and collection fees arising from
THE WEB PLACE’S (www.web-place.com/)'s efforts to collect any
unpaid balance of Member's account(s).
THE WEB
PLACE (www.web-place.com/) will maintain content for web hosting
accounts, that are put on hold for late payment, for up to 90
days. After 90 days this information will be removed from our
systems. If a web hosting account is canceled (following THE WEB
PLACE (www.web-place.com/) cancellation procedures) we will
maintain content for up to 30 days before it is removed from our
network.
YOU
UNDERSTAND that information available to you through THE WEB
PLACE (www.web-place.com/) Service may include MATERIALS THAT
ARE UNEDITED, SEXUALLY EXPLICIT OR OFFENSIVE TO YOU AND THAT
YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. THE WEB PLACE
(www.web-place.com/) HAS NO RESPONSIBILITY FOR OR CONTROL OVER
SUCH MATERIALS.
Member
recognizes that he or she is solely responsible for the content
of any information Member makes available through the Service
and that THE WEB PLACE (www.web-place.com/) will not monitor the
Service to examine the content passing through it. Member agrees
that if THE WEB PLACE (www.web-place.com/) is made aware of
content that THE WEB PLACE (www.web-place.com/) deems in its
sole discretion to be unacceptable, undesirable, offensive,
indecent, obscene, excessively violent or otherwise
objectionable, THE WEB PLACE (www.web-place.com/) has the right,
but not the obligation, to remove or deny access to such
content. Member expressly agrees that THE WEB PLACE
(www.web-place.com/) shall not be liable to Member for any
action THE WEB PLACE (www.web-place.com/) takes to remove or
restrict access to such material, nor for any action taken to
restrict access to material posted in violation of any law,
regulation or rights of a third-party, including, but not
limited to, rights under the copyright law and prohibitions on
libel, slander and invasion of privacy. Member recognizes that
THE WEB PLACE’S (www.web-place.com/)'s actions with respect to
all such material may include restriction, suspension or
termination of Member's access privileges and/or deletion of the
objectionable material.
Material
accessible to Member through THE WEB PLACE (www.web-place.com/)
Service may be copyrighted. Member agrees to defend, indemnify
and hold harmless THE WEB PLACE (www.web-place.com/), its
officers, directors, employees, agents and licensees, from any
claims and expenses, including reasonable attorney's fees,
arising out of or relating to Member's use, possible violations
of copyright law.
Member
expressly agrees not to use THE WEB PLACE (www.web-place.com/)
Service in a manner that is prohibited by any law or regulation
or to facilitate the violation of any law or regulation. Member
further agrees not to use the Service in a manner that will
disrupt third parties' use or enjoyment of THE WEB PLACE
(www.web-place.com/) Service or other communications services
and outlets. Member acknowledges that prohibited conduct
includes, but is not limited to, use of the Service to invade
the privacy of third parties, posting via e-mail, USENET or the
Member's personal web page or site, abusive, profane, libelous,
slanderous, threatening or otherwise harassing material and
posting material in any USENET or newsgroup that is off-topic
according to the charter or other public statement of the USENET
or newsgroup. Member also agrees not to use the Service to
solicit other members to patronize competing services, not to
violate or tamper with the security of THE WEB PLACE
(www.web-place.com/) Service or attempt to forge another
member's account name or persona. Member expressly agrees not to
use THE WEB PLACE (www.web-place.com/) Service in a manner that
is prohibited by any law or regulation or to facilitate the
violation of any law or regulation. Member further agrees not to
use the Service in a manner that will disrupt third parties' use
or enjoyment of THE WEB PLACE (www.web-place.com/) Service or
other communications services and outlets.
Member
acknowledges that the transmission of a single, unsolicited
e-mail message to a large number of recipients, or the posting
of a single message to a large number of USENET's or newsgroups,
whether the message is commercial in nature or otherwise,
imposes a tremendous burden on the Service because of its
excessive use of disk space and bandwidth. A message is
unsolicited if it is posted in violation of a USENET or
newsgroup charter and/or if it is sent to a recipient who has
not requested the message and with whom the Member has had no
prior contact. Member agrees not to engage in such
transmissions. Member acknowledges that any transmission by
Member of an unsolicited message to 50 or more recipients or 15
or more USENET's or newsgroups on a single day will result in
the immediate termination of Member's account.
In such cases, Member agrees to pay THE WEB PLACE
(www.web-place.com/) a usage fee of $1,000 for utilizing the ISP
resources to support the member’s violation of this provision.
Member
recognizes that this Agreement continues only for so long as the
parties' mutually agree to continue it, unless contractually
bound, as is the case with Web Hosting and leased line services.
Either Member or THE WEB PLACE (www.web-place.com/) may
terminate the Agreement and Member's Membership at any time for
any reason or no reason (upon written notice or confirmed email
response), unless contractually bound, as is the case with Web
Hosting and leased line services. THE WEB PLACE
(www.web-place.com/) may also restrict, suspend or terminate,
without notice, Member's access to and use of THE WEB PLACE
(www.web-place.com/) Service upon any breach of this Agreement.
Member's only right with respect to any dissatisfaction with any
terms, rules, policies, guidelines, or practices of THE WEB
PLACE (www.web-place.com/) in operating THE WEB PLACE
(www.web-place.com/) Service, any change in the content of THE
WEB PLACE (www.web-place.com/) Service, or any change in the
amount or type of fees charged in connection with THE WEB PLACE
(www.web-place.com/) Service, is to terminate Membership by
delivering notice to THE WEB PLACE (www.web-place.com/),
effective the day THE WEB PLACE (www.web-place.com/) receives
notification of termination or any future date specified which
is acceptable to THE WEB PLACE (www.web-place.com/). Upon
termination of this Agreement, Member shall have no right (a) to
obtain any credit(s) otherwise due to Member, and such credit(s)
will be forfeited, (b) to access through THE WEB PLACE
(www.web-place.com/) any materials stored on the Internet or (c)
to access any third-party providers of services, merchandise or
information on the Internet through THE WEB PLACE
(www.web-place.com/), and THE WEB PLACE (www.web-place.com/)
shall have no responsibility to notify such third-party
providers nor shall THE WEB PLACE (www.web-place.com/) have any
responsibility for any damages that result from the lack of such
notification. ABSOLUTELY NO REFUNDS AFTER THE FIRST
THIRTY DAYS OF SIGNING ON.
Members
using dial up Internet services, may not be logged in more than
once per account with the same username. In the event that
Member does, Member account will be suspended, and Member will
have to call THE WEB PLACE (www.web-place.com/) to reactivate
it. The purchasing of additional mailboxes does not circumvent
this. Member will be double billed for double logins.
Members
using dial up Internet services, recognizes that an unlimited
account means that Member may use THE
WEB PLACE (www.web-place.com/) Service as often as Member desires. However, unlimited does not
mean that Member may stay online for longer than 4 hours at a
given time. Member agrees to disconnect after a 4 hour period of
time or Member shall be disconnected. Member may after
disconnecting re-establish the connection. If Member requires
being online for more than 4 hours per session, Member must
purchase a dedicated account.
Upon request of THE WEB PLACE
(www.web-place.com/), Member agrees to defend, indemnify and
hold harmless THE WEB PLACE (www.web-place.com/), its officers,
directors, employees, agents and licensees, from any claims and
expenses, including reasonable attorney's fees, arising out of
or relating to Member's use of THE WEB PLACE
(www.web-place.com/) Service.
This Agreement shall be governed by the laws of
the State of North Carolina (excluding its choice of law rules).
You agree that any controversy or claim against THE WEB PLACE
(www.web-place.com/) or its directors and officers, including
any claim of misrepresentation, arising out of relating to this
Agreement or THE WEB PLACE (www.web-place.com/) Service, shall
be settled by arbitration. Any such claim must be commenced
within one (1) year after the claim arises or the claim is time
barred. The arbitration shall be conducted by a single
arbitrator under the then current rules of the American
Arbitration Association. The arbitration shall be held and the
award shall be deemed to be made in Cumberland County, North
Carolina. The decision and award of the arbitrator shall be
final and binding, and the award may be entered in a court of
appropriate jurisdiction. The prevailing party in any such
arbitration shall be entitled to recover all legal expenses
incurred in connection with the arbitration and confirmation of
the award, including but not limited to its costs, both taxable
and non-taxable, and reasonable attorney's fees. You consent to
the jurisdiction of the courts of the State of North Carolina
for purposes of enforcing this arbitration provision.
This Agreement constitutes the entire agreement
between you and THE WEB PLACE (www.web-place.com/) with respect
to THE WEB PLACE (www.web-place.com/) Service and supersedes all
prior agreements between you and THE WEB PLACE
(www.web-place.com/). THE WEB PLACE’S (www.web-place.com/)'s
failure to enforce any provision of this Agreement shall not be
construed as a waiver of any provision or right. In the event
that a portion of this Agreement is held unenforceable, the
unenforceable portion shall be construed in accordance with
applicable law as nearly as possible to reflect the original
intentions of the parties and the remainder of the provisions
shall remain in full force and effect.
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