TERMS OF USE Before using this Web site, please read the Terms of Use set forth below. By using this Web site you agree to be bound by the Terms of Use. Web Presence and its affiliates and subsidiaries ("We" or such conjugation thereof as the context may require such as "WP'') reserve the right to review and revise the Terms of Use from time to time without prior notice and, by using this site subsequent to any revision of the Terms of Use, you agree to be bound by such changes. If you find the Terms of Use to be unacceptable, you must immediately terminate your use of this Web site. 1. No Representations Or Warranties The services provided on this Web site and the content, information, documents, graphics and images published at this Web site could include inaccuracies, typographical errors or other errors. We make no commitment, however, to update what is contained in this Web site. Furthermore, we reserve the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice. Consequently, TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS WEB SITE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES. Users of this Web site should not rely upon opinions expressed at this Web site when making business, financial, personal or other decisions. Furthermore, we do not endorse the opinions of third parties expressed on this Web site or on linked Web sites. 2. User Warnings/User Conduct We make certain services available, including without limitation, email, chat rooms, message boards and other community services; provided that you agree to abide by the terms and conditions contained in these Terms of Use. Without limiting the generality of the foregoing, in consideration for our providing such services, you also agree not to: 1.Violate any applicable law, regulation or rule; 2.Harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity; 3.Post or transmit any commercial, advertising or promotional materials, including without limitation, "spam" or mass distributions; 4.Provide false information on your registration form or impersonate another person at any point; 5.Post or transmit false, inappropriate, improper, disorderly or excessive messages or information. 6.Post any material that infringes upon any third party's copyright, trademark, patent or other intellectual property right. If you violate such terms, we may, without prior notice and without liability to you, ban you from any and all services, terminate your registration, delete your messages or postings, and take any other action we deem appropriate in our sole discretion. With reference to any services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such services, including without limitation: how often a service or account may be accessed; the maximum number of days that messages or postings will be retained; the maximum number of messages or postings allowed; the size and nature of messages and postings; the maximum storage space available for an account; and all other matters related to administration of services, and you agree to be bound by such practices. You agree that we are not responsible or liable for deactivation or deletion of accounts or for loss of emails, communications, postings, data or information as a result of, or arising out of, our administration of such services. We assume no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any emails, message boards, chat rooms or community services, or in any other public services, and do not endorse any advice or opinion contained therein. We do not monitor or control such services, although we reserve the right to do so. We may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our service and to protect ourselves and others. 3. Web Site Links And Third-Party Sites This Web site may contain links to other Web sites which are independent of this Web site. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked Web site, and any link to another Web site shall not in any manner be construed as an endorsement by us of that Web site, or of the products or services described therein. Furthermore, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites. 4. Confidentiality Your confidential use of this site cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site. 5. Security You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to us. 6. Limitation of Damages IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, AGENTS, PARTNERS, EMPLOYEES, CONTRACTORS,SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT AND MATERIALS. 7. Ownership All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Web site belong to us (Web Presence) or our licensors. In addition, the names, images and other indicia identifying our products and services are our proprietary marks. All other copyrights, trademarks and other intellectual property rights referred to in this Web site belong to their respective owners. 8. License Nothing contained in this Web site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this Web site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. 9. Indemnification YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT. 10. Governing Laws in Case of Dispute THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF INDIANA, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN LAKE COUNTY, INDIANA, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS. 11. International Use We do not represent that all content, materials and services on our Web site are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law. 12. Integration; Severability; General These Terms of Use incorporate by reference any notices contained on this Web site and constitute the entire agreement with respect to your access to and use of this Web site. We may modify these Terms of Use at any time by posting revised Terms of Use on our Web site and your continuing use of such Web site and the services constitutes your agreement to be bound by such modified Terms of Use. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction. Any litigation arising out of or in connection with these Terms of Use or your use of our services must be commenced within one (1) year after the cause of action arose, or it will be permanently barred. PRIVACY Before using this Web site, please read the Privacy Policy below. By using this Web site you agree to the terms of the Privacy Policy stated below. Web Presence ("WP") and its affiliates and subsidiaries reserve the right to review and revise the Privacy Policy from time to time without prior notice and, by using this site subsequent to any revision of the Privacy Policy, you agree to be bound by such changes. If you find the Privacy Policy to be unacceptable, you must immediately terminate your use of this Web site. WP Website Privacy Policy Except as provided in this Privacy Policy, The WP Website does not disclose individually identifiable information about its visitors to any third party without that visitor's consent. Privacy Philosophy The information provided in this Privacy Policy covers your interactions on the different areas of the The WP Web site referenced above (excludes the co-branded pages of our partners and affiliates). As a company, WP believes strongly in protecting online consumer privacy, and it is WP's goal to allow our visitors to provide as much or as little information as they feel comfortable. Information Gathered WP gathers information about our visitors that allows us to offer compelling and easily accessible online content in a manner that provides personal privacy protection as well. Occasionally we ask you to provide us certain personal information such as your name, email address, or a list of your interests and hobbies. You never have to answer these questions, although not answering them may limit the services that we can offer you. In order to comply with the Children's Online Privacy Protection Act ("COPPA"), WP does not knowingly collect any information from children under 13. In order to provide you with a personalized experience and also monitor the traffic patterns on our site, WP uses a feature of your browser called a "cookie" to track content preferences and traffic patterns. The cookie may contain a number or other information which reminds us who you are when you visit our site. This browser feature is valuable to you because it alleviates the need to re-register for services each time you visit our site and because it allows us to better understand traffic patterns throughout our Web site (keep track of how often visitors visit a particular part of our site) so we can offer our visitors the most popular and useful content and services available. You may choose not to accept cookies by changing the preferences on your browser. However, your experience will be less personalized and, in addition, certain services may not be available for your use (See below, "Use of the Information"). Other companies that advertise on our site also have the ability to assign a different cookie to you. You may choose not to accept such cookies by changing the preferences on your browser. To find out which advertising firms WP uses from time to time, see our list of Advertising Partners. Although you may visit our site anonymously, you may elect to provide us with information you want WP to remember. We hope that you will want to provide information about yourself to WP because it will make our Web site more valuable to you. If you are comfortable providing us with information about yourself, enhanced services are available to you that are impossible for us to offer to anonymous users. One example of where we collect personal information to serve you better is the My Web Presence section of our Web site where we collect information to provide you with stock quotes, weather, and lottery results. Our Chat Rooms are another example of such an enhanced service. In these instances, we retain information about you between sessions by using the cookies described above. From time to time, WP will conduct surveys in order to help serve you better. Participation in the surveys is optional and anonymous. Use of the Information WP always tries to provide you with a compelling reason to come back and visit our site again: We use the information gathered from you to provide personalized portions of our site that are intended to provide just the information you are interested in receiving. My Web Presence is a good example of such a personalized service. We analyze what our customers like and don't like about WP's current offerings so that we can design better services. We use information about what you are searching for to help focus our energies on the services that we offer, hopefully to make them more valuable to you. We occasionally develop summary - not individual - reports for our advertisers. An example of a summary report might be "36,000 people clicked on Advertisement "X" today and, of those people, 53% had previously indicated they had an interest in sports." Our advertisers need this information to determine how effective their advertising investments are. Information Distribution Other companies which place advertising or content on our site may collect information about you by way of cookies when you view or click on their advertising or content. You should contact these advertisers or content providers directly if you have any questions about their use of this information. Refer to the section below for information on content providers. Additionally, although partners, affiliates and third parties may link to our Web site, or otherwise be associated with our Web site, WP cannot control the information collection and distribution policies of such parties. Although we do encourage our partners and affiliates, including co-branding partners, to adopt privacy policies similar to this one, we do not have control over the practices of third parties and these practices may differ from our own. You should check the privacy policy of every Web site you visit to ensure that you are comfortable with the practices of that particular Web site. If at any time you are uncertain about whether or not your personal information will be provided to WP or the content provider, please feel free to contact our Client Services Department. Disclosure of Personal Information WP may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on WP; (b) protect and defend the rights or property of WP, the site or the users of WP, and (c) act under exigent circumstances to protect the personal safety of users of WP, the site or the public. WP may also disclose personal information with the user's consent, whether by opt-in, opt-out or other form of consent. Various WP services allow for information provided by users to be immediately posted in a public forum. Examples include chat rooms and message boards (see below), classifieds, White Pages, Yellow Pages and other services. Users providing information to such services should be familiar with the service and its public nature, and realize that the privacy of such information cannot be protected. Unsolicited Contact WP does not endorse the sending of unsolicited email to its users without such user's consent and will use commercially reasonable efforts to enforce this action. WP may send administrative emails to confirm user registrations or to update users concerning new services or opportunities with WP. Some of these emails may contain information about the services of our partners. We may send out promotional emails on behalf of our partners to those users who have demonstrated an interest in receiving such solicitations. Chat and Message Board Disclaimer Information that you disclose about yourself in a public chat room, message board or other public forum will immediately become available to anyone who has access to those public areas. We cannot protect the privacy of information disclosed in these forums. While utilizing these areas, please restrict your disclosure of personal information to any information that you are willing to have available to the public. Notification of Changes WP reserves the right to change this Privacy Policy from time to time. If WP changes this Privacy Policy with respect to the disclosure of your personally identifiable information, we will post a notice of such change on this Web site or contact users by email or other communication to obtain consent. We welcome any questions or comments you have; please send them to our Client Services Department. Security WP takes the security of information very seriously. Information collected by WP is stored in secure operating environments. Thank you for visiting WP. POLICY REGARDING COPYRIGHT INFRINGEMENT AND DESIGNATION OF A COPYRIGHT AGENT WP’s policy regarding copyright infringement, including its designated agents for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below. WP respects the intellectual property rights of others and requires those that visit our website and use our network to do the same. WP may, in appropriate circumstances and at its discretion, remove or disable access to material on its website or its network that infringes upon the copyright rights of others. WP also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the Site or users of our network repeatedly infringe on others copyrights, we may in our sole discretion terminate those individuals’ rights to use our website and/or network. If you believe that your work has been used on our website or network in any manner that constitutes copyright infringement, please notify WP's copyright agents by written notice. The notice should include the following information: An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found; Identification of the location on our website of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed; Your name, address, telephone number and E-mail address; A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf. WP's copyright agents for notice of claims of copyright infringement on this website and our network is Jim D. Ray, Program Administrator, Advanced Intelligence Services (AIS), who can be reached at following: By mail: Web Presence, Inc., PO BOX 463. Hobart, Indiana, 46342-0463 By E-mail: admin@web-presence.net By telephone: 1-800-505-4932 DISCLAIMER Web Presence, Inc. is a national provider of small business web site design services, primarily serving the small business market sector. Web Presence, Inc. also offers web hosting solutions, POP3 e-mail, database implementation, and other small business web presence solutions. Web Presence, Inc. is based in Hobart, Indiana, USA. © Copyright Web Presence, Inc. All Right Reserved. |