1. General
A. These Operating Policy ("Operating Policy" or "GPO") set forth how
Webbworks, Inc. will operate the Webbworks ( brand interactive service
and how authorized subscribers may use Webbworks. These GPO also explain
many practical aspects of using Webbworks. Please read this document
carefully and refer to it as often as necessary. You should also read
and refer to the Web Server Service Terms and Conditions Agreement (the
"TAC"). This document, and the TAC (which were available when you first
sign on tot he WSM), are all of the applicable Webbworks rules
("Webbworks Rules"), and comprise the entire agreement between you and
Webbworks with respect to Webbworks. You can view the TAC or this GPO on
Webbworks at any time. Unless the context requires otherwise, terms used
in the GPO have the meanings given in the TAC.
B. We believe that our Webbworks Rules will enhance Webbworks efforts
to make Webbworks informative, entertaining and enjoyable for everyone..
We have tried to explain clearly our Webbworks Rules, but if any aspect
of the Webbworks Rules are unclear, we welcome your comments. We hope
that our Webbworks Rules will foster an online community where there is
both free exchange of ideas and information, and respect for individual
and community rights.
2. Using Webbworks
A. Your Webbworks Account.
(i) YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO REGISTER FOR
Webbworks AND OBTAIN A Subscriber'S MASTER ACCOUNT; HOWEVER, A PARENT OR
LEGAL GUARDIAN MAY AUTHORIZE A MINOR TO USE HIS/HER MASTER ACCOUNT(S)
UNDER ADULT SUPERVISION. In cases where you have authorized another
individual, including a minor, to use your account, you recognize that
you are fully responsible for the online conduct of such user, and for
controlling the user's access to and use of Webbworks, and for the
consequences of any misuse, and that the holder of the Subscriber's
Master Account(s) is entirely responsible for activities conducted
through those accounts (see Section 2 of the TAC).
(ii) You are responsible for maintaining the confidentiality of your
password and are liable for any harm resulting from disclosing or
allowing disclosure of any password or from use by any person of your
password to gain access to the Subscriber's Master Account(s) or any
Sub-Accounts. Therefore, for security purposes, we recommend that you
change your password often. (You can do this by entering the "Change
Your Information" section in the Customers Only area.) At no time should
a Subscriber ever respond to an online request for a password. Employees
or representatives of Webbworks will never ask for a Subscriber's
password online. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR MASTER
ACCOUNT AND/OR SUB-ACCOUNTS, INCLUDING ANY UNAUTHORIZED CHARGES TO THOSE
ACCOUNTS.
(iii) Current rates for using Webbworks services may be obtained by going to
Webbworks Pricing or by
calling Webbworks Customer Service at 509-545-9706. Such rates are expressed net
of, and Subscriber shall pay in addition to them, all sales, use,
value-added, personal property or other governmental tax or levy imposed
on the goods or services billed to his/her Master Account(s), other than
taxes based on net income or profits of Webbworks. If the payment method
for your Subscribership is by credit card and payment is not received by
Webbworks from the card issuer or its agents, you agree to pay all
amounts due upon demand by Webbworks. Your card issuers agreement
governs your use of your designated card in connection with Webbworks,
and you must refer to such agreement and not this Agreement with respect
to your rights and liabilities as a cardholder. You agree that Webbworks
may, at its option, accumulate charges incurred during your billing
cycle and submit them as one or more aggregate charges during or at the
end of each cycle for EFT from your checking account or credit card as
applicable, meaning that accumulated charges may appear on the statement
you receive from your bank or card issuer. Further, you agree that
Webbworks may delay obtaining authorization from your card issuer until
submission of the accumulated charges. If Webbworks does not receive the
full amount of your Webbworks account balance within thirty (30) days of
the invoice date, an additional 1.5% (or the highest amount allowed by
law, whichever is lower) per month late charge will be added to your
bill and shall immediately become due and payable. Subscriber shall also
be liable for all attorney and collection fees arising from Webbworks
efforts to collect any unpaid balance of your Master Account(s). Unless
you notify Webbworks of any discrepancies within 90 days after they
first appear on your account statement, they will be deemed acceptable
by you for all purposes, including resolution of inquiries made by your
card issuer. You release Webbworks from all liabilities and claim of
loss resulting from any GPO or discrepancy that is not reported to
Webbworks within 90 days of its publication.
B. Online Conduct.
(a) Any conduct by you that in Webbworks discretion restricts or
inhibits any other Subscriber from using or enjoying Webbworks will not
be permitted and may result in termination of Subscribership. You agree
to use Webbworks only for lawful purposes. You may not use Webbworks to:
(1) harass, threaten, embarrass or cause distress, unwanted attention
or discomfort upon another Subscriber or user of Webbworks or other
person or entity, (2) post or transmit sexually explicit images or other
content which is deemed by Webbworks to be offensive, (3) transmit any
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, hateful, racially, ethnically or otherwise objectionable
Content, (4) impersonate any person, including but not limited to, an
Webbworks official or an ICP, forum leader, guide or host, or
communicate under a false name or a name that you are not entitled or
authorized to use, (5) post or transmit chain letters or pyramid
schemes, (6) post or transmit any unsolicited advertising,
promotional materials, or other forms of solicitation to other
Subscribers, individuals or entities, except in those areas (e.g., the
classified areas) that are designated for such a purpose, (7)
violate any operating rule, policy or guideline of any other interactive
service, including but not limited to the operating policies of the
International Areas, or(8) intentionally or unintentionally violate any
applicable local, state, national or international law, including but
not limited to any regulations having the force of law.
(i) Offensive Communication. Webbworks is a community-oriented
service composed of many different communities of people. Our goal is to
provide an interesting, stimulating and fun place for all Subscribers.
Using vulgar, abusive or hateful language undermines this goal and is
not allowed. Please use your best judgment and be respectful of other
Subscribers. Remember, there may be children online. If you use vulgar,
or abusive language online, even if masked by symbols or other
characters, you may, in some cases be terminated immediately. A warning
indicates that your language is not in compliance with the TAC or GPO.
Should you receive such a warning, take the time to read the Webbworks
Rules again, comprising the TAC and these GPO which you will find posted
in the Subscriber Services area.
(ii) Harassment. When a Subscriber targets another individual or
entity to cause distress, embarrassment, unwanted attention, or other
discomfort, this is harassment. Webbworks does not condone harassment in
any form and may suspend or terminate the accounts of any Subscriber who
harasses others. You may have a disagreement with someone's point of
view - we encourage lively discussion in our chat rooms and message
boards but personal attacks, or attacks based on a person's race,
national origin, ethnicity, religion, gender, sexual orientation,
disablement or other such affiliation, are prohibited. If you have a
disagreement with someone's point of view, address the subject, not the
person.
(iii) Graphic Files. Webbworks prohibits the transfer or posting on
Webbworks of sexually explicit images or other content deemed offensive
by Webbworks.
(iv) Impersonation. This can involve the portrayal of another person
or entity, such as the impersonation of Webbworks staff or an ICP,
authorized Guide or Host, or communication under a false name or a name
that you are not authorized to use. Subscribers must avoid the portrayal
of Webbworks personnel or others persons in all forms of online
communication, including, but not limited to, screen names, Subscriber
profiles, chat dialogue and message postings.
(v) Room Disruption. This includes purposefully interfering with the
normal flow of dialogue in a chat room. Room disruption may occur by
repeatedly interrupting conversation between Subscribers, or by acting
in such a way as to antagonize, harass or create hostility in a chat
room or bulletin board.
(vi) Chain Letters and Pyramid Schemes. Transmission of chain letters
and pyramid schemes of any kind is not allowed on Webbworks. This
material places an unnecessary load on our electronic mail ("email")
system and is considered a nuisance by many Subscribers. Certain chain
letters and pyramid schemes are illegal. Letters or messages that offer
a product or service based on the structure of a chain letter are also
of questionable legality. At minimum, they are a waste of resources and
are not permitted on Webbworks.
(vii) Advertising, Solicitation and Name
Harvesting. We are proud to have a strict "anti-spamming" policy. It is
a definite violation of Webbworks policy and is cause for immediate
termination. You may not use Webbworks to send unsolicited
advertising, promotional material, or other forms of solicitation to any
other Webbworks Subscribers except in those specified areas that are
designated for such a purpose (e.g., the classified area) unless you
receive the express permission of the Subscriber. You may not use
Webbworks to collect or "harvest" screen names of other Subscribers
without the express prior permission of the Subscriber. Webbworks
reserves the right to block or filter mass email solicitations on or
through Webbworks. In addition, you a) may not use your Webbworks POP
account to send such solicitations b) may not use your domain name or IP
address, any sites (names, URL's or IP addresses) belonging to
Webbworks, or the Webbworks name in any postings or e-mail solicitations
you choose to participate in anywhere on the Internet.
C. Content.
You recognize that communication over Webbworks often occurs in
real-time, or is posted on one of Webbworks thousands of message boards
or libraries, and Webbworks cannot, and does not intend to, screen
communication in advance. Moreover, because Webbworks encourages open
and candid communication, it cannot determine in advance the accuracy,
or conformance to the Webbworks Rules, of Content transmitted on
Webbworks. Webbworks is not responsible for screening, policing,
editing, or monitoring such Content. If notified of Content which is
alleged not to conform to the Webbworks Rules, Webbworks may investigate
the allegation and determine in good faith and in its sole discretion
whether to remove or request the removal of such Content from Webbworks.
Webbworks shall have no liability or responsibility to you in respect of
its performance or non-performance by Webbworks of such activities, as
long as it has acted in good faith.
All Content is protected by copyright pursuant to U.S., international
conventions, and other copyright laws as a collective work and/or
compilation, and Webbworks owns a copyright in the selection,
coordination, arrangement and enhancement of such Content. You may not
modify, publish, transmit, participate in the transfer or sale of,
reproduce (except as provided below), create derivative works from,
distribute, perform, display or in any way exploit, any of the Content,
in whole or in part; provided that if no specific restrictions are
applied directly or indirectly in relation to a particular item of
Content, you may make a reasonable number of copies of such item,
including copyright material, provided that the copies are made and used
only for your personal use and that you ensure that any notices
contained in the Content such as all copyright, trademark, and other
proprietary rights notices are reproduced in an unmodified form in all
such copies.
You may upload to Webbworks software files and message boards or
otherwise transmit on or through Webbworks only Content that is not
subject to any copyright or other proprietary rights protection
(collectively, "Public Domain Content"), or Content in respect of which
the holder of any copyright, trademark or other proprietary rights
("Rights") has given express authorization for distribution on Webbworks
without any restriction whatsoever, and in respect of which any moral
rights of any person or entity have been completely and irrevocably
waived. Any copyright Content submitted with the consent of a copyright
owner other than you should contain a phrase such as "Copyright owned by
[name of the owner]; Used by Permission." The unauthorized submission of
copyright or Content which is otherwise subject of any third party
Rights constitutes a breach of the Webbworks Rules and may also render
you liable to the holder of such Rights. Subscriber, you, not Webbworks
or its affiliates or independent contractors (such as "ICPs"), are
exclusively responsible for any liability resulting from infringement of
Rights arising from such submission or transmission.
By submitting Content to any "Public Area" (Public Area(s) are those
areas of Webbworks that are generally accessible to other Subscribers,
such as public chat rooms, message boards, and file uploads) you are
deemed automatically to grant and/or warrant that the holder of any
Rights or Moral Rights in such Content has completely and effectively
waived all such "moral rights" and expressly, validly and irrevocably
granted to you the right to grant Webbworks the royalty-free, perpetual,
irrevocable, non-exclusive right (including any moral rights) and
license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display the Content (in
whole or part) worldwide and/or to incorporate it in other works in any
form, media, or technology now known or hereafter developed for the full
term of any Rights that may exist in such Content. You also permit any
Subscriber to access, view, store and reproduce the Content for personal
use. Subject to the foregoing, the owner of Content placed on Webbworks
retains any and all rights which may exist in such Content.
The export control laws of the United States and other jurisdictions
regulate the export and re-export of certain technology. This includes
the electronic transmission of certain information and software to
particular foreign countries and foreign nationals. You agree to abide
by these laws including but not limited to the United States Export
Administration Act, Arms Export Control Act and their implementing
regulations and not to transfer, by electronic transmission or
otherwise, any Content derived from Webbworks which is governed by or
regulated under such laws to a national or a destination prohibited or
restricted under such laws without first obtaining any required
governmental authorization. You further agree not to upload to Webbworks
any data or software that cannot be exported without prior written
government authorization, including, but not limited to, certain types
of encryption software. This assurance and commitment shall survive
termination of the Agreement. In addition, because U.S. export control
laws currently prohibit nationals of Cuba, Iran, Libya, North Korea and
Syria from gaining access to certain Content on Webbworks, nationals of
these countries currently may not legally use Webbworks servers.
Backups. Daily backups are made by Webbworks on backup hard drives
that exist on the same machine as the data. This backup system is unique
in that users have full access to recover their files through their WSM
or through FTP. The daily backup process starts from 2:00 a.m. - 7:00
a.m. EST everyday. ALL the data backed up is below the customers
/opt2/[username] directory. ALL anonymous FTP and mail files are not
backed up by Webbworks. Each user is strongly encouraged to keep a
current local copy of his/her site in the event of unrecoverable data.
Webbworks is not responsible for files that cannot be recovered due
to corrupt data, fires, or any other disaster.
D. Internet Access and Conduct.
The Internet is not owned, or operated by, or in any way affiliated
with, Webbworks or any of its affiliates; it is a separate, independent
network of computers and is not part of Webbworks. Your use of the
Internet is solely at your own risk. When using the Internet and all of
its components, Subscribers must conduct themselves responsibly
according to the Internet's own particular code of conduct.
Participating successfully on the Internet is really a matter of common
sense. Although Webbworks does not control the Internet, your conduct on
the Internet when using your Webbworks account is subject to the
Webbworks Rules. Because Webbworks wants to be a good Internet citizen,
it prohibits Subscribers from engaging in certain conduct on the
Internet through or by means of Webbworks including the following:
(i) Chain Letters. Chain letters are prohibited on Webbworks and are
inappropriate on the Internet. Posting a chain letter to an Internet
newsgroup (or via email on the Internet) may result in your Webbworks
account being terminated.
(ii) Other Inappropriate Posts. Each Bulletin Board on the Internet
focuses on a particular set of topics and posts not related to these
topics are not welcomed by the participants. We suggest that all
Subscribers become familiar with the guidelines, themes, and culture of
the specific newsgroups and mailing list in which they wish to
participate. Posting or distributing patently inappropriate material
on the Internet (i.e. spamming or mail bombing) will result in
suspension or termination of your Webbworks Master Account and
Sub-Accounts.
(iii) Copyright and Proprietary Materials. Transmitting to the
Internet copyright or other material of any kind which is subject to the
Rights of any person or entity without the express permission of the
Rights holder is prohibited and will result in termination of your
Subscribership and possible civil and/or criminal liability.
(iv) Webbworks reserves the right to suspend or terminate at its
discretion Subscribers' Webbworks Master Accounts and Sub-Accounts or to
require the removal of links or other content on or through Subscribers'
homepages or personal Internet sites if providing such content or links
causes undue strain on any Webbworks server either through excessive
hits or by excessive bandwidth.
You understand that except for Content, products or services
expressly available at Webbworks Web site, neither Webbworks, nor any of
its affiliates or telecommunications providers, controls, provides,
operates or is responsible for any Content, goods or services available
on the Internet. All such Content, goods and services are made
accessible on the Internet by independent third parties and are not part
of Webbworks or controlled by Webbworks. Webbworks neither endorses nor
is responsible for the accuracy or reliability of such Content, goods or
services. Webbworks does not guarantee the accuracy, completeness,
usefulness, quality or availability of any Content, goods or services
available on the Internet, which are the sole responsibility of such
independent third parties, and your use thereof is solely at your own
risk. Neither Webbworks nor its affiliates or telecommunications
providers shall be held responsible or liable, directly or indirectly,
for any loss or damage caused or alleged to have been caused by your use
of or reliance on any Content, goods or services available on the
Internet or your inability to access the Internet or any site on the
Internet. The foregoing provisions of this paragraph shall apply with
equal force even where Webbworks features or displays a link with any
particular Web site.
You should be aware that the Internet contains Content, goods and
services that you may find obscene, improper, hurtful or otherwise
offensive and that may not be suitable for certain Subscribers or for
minors who are accessing the Internet through a Sub-Account or Master
Account of yours. Webbworks does not have the capability or right to
monitor, or review, or restrict any Content, goods or services made
available by third parties on the Internet, nor to edit or remove any
such questionable Content after posting on the Internet. In addition,
you should be aware that the Internet provides access to users who are
not part of Webbworks and whose conduct and communication may also be
found to be harmful or offensive to Subscribers or which would otherwise
breach the Webbworks Rules if they were subject to it. Since such users
are not Subscribers of Webbworks, Webbworks does not have the right or
capability to restrict or review their conduct or communication.
Accordingly, Webbworks and its affiliates specifically disclaim any
responsibility for (and under no circumstances be liable for) any
conduct, Content, goods and services available on or through the
Internet (including without limitation any part of the Web).
You should be aware that much of the Content available on the
Internet is protected by copyright, trademarks, trade secrets and other
Rights of the independent third parties or their licensers who make such
Content available on the Internet. Subscribers' use of such Content will
be subject to the specific restrictions placed on such Content by the
owners or licensers of the Rights in such Content and all applicable
laws and regulations.
4. Public Communication
Webbworks offers Subscribers the capability to communicate in Public
Areas generally accessible to other Subscribers or to communicate
privately with another Subscriber. Public Areas are those features that
are generally accessible to other Subscribers, such as, but not limited
to, chat rooms, online forums, and message boards. Webbworks will
maintain Webbworks Public Areas as an open forum for discussion of a
wide range of issues and expression of diverse viewpoints. Webbworks
will administer standards of online conduct according to the Webbworks
Rules for the enjoyment of all its Subscribers. While Webbworks will
endeavor to monitor the Public Areas to ensure that online standards are
being maintained, Webbworks has neither the practical capability, nor
does it intend, to act in the role of "Big Brother" by screening public
communication in advance.
Webbworks reserves the right to prohibit conduct, communication, or
Content on Webbworks which it deems in its discretion to be harmful to
any Subscriber, the communities which comprise Webbworks, Webbworks and
third-parties' rights, or to violate applicable law. Notwithstanding the
foregoing, neither Webbworks nor its ICPs have the practical ability to
restrict conduct, communication or Content which might violate the
Webbworks Rules prior to transmission on Webbworks, nor can they ensure
prompt editing or removal of actually or potentially violating Content
after online posting. Accordingly, you acknowledge that neither
Webbworks nor any ICP shall assume or have any liability for any action
or inaction by Webbworks or any ICP with respect to conduct,
communication or Content on Webbworks.
5. Customer Service Communication
Please refer to Section 6D for Webbworks policy on monitoring or
disclosing private communication. In order to ensure quality customer
service, Webbworks may monitor Subscriber communication with Webbworks
customer service employees, including Webbworks Sales and Service, Tech
Support and Community Action personnel.
6. Privacy Policy A. General
Because protecting your privacy is very important to Webbworks, we
have adopted the following policies to safeguard your personal
information and are committed to protecting its confidentiality. We will
limit the collection and use of personal information or "Individual
Information" (as defined below) to what is necessary to administer our
business, provide you with the highest quality service, and offer you
opportunities we think will be of interest. We will NOT disclose any
Individual Information except in limited circumstances as specifically
provided below.
Individual Information means any information, data or records which
relate to your Webbworks Subscribership or use of Webbworks and
identifies you or your individual Subscriber account. There are three
types of Individual Information: (1) "Subscriber Identity and Billing
Information," such as your name, street address, telephone number and
billing information, and any screen names associated with your account;
(2) "Navigational and Transactional Information," such as information
about where you go or what you buy through Webbworks; and (3) "Private
Communications Content," such as the contents of email, or private chat
room or instant message communications.
E. Collection and Storage.
(i) Subscriber Identity and Billing Information. We maintain the
following types of Subscriber Identity and Billing Information: your
name, street address, telephone numbers, length of Subscribership, and
payment information. We may also keep information on your communications
with our Customer Service or Tech Support, and general account history,
such as accumulated usage time, or written complaints relating to your
account.
(ii) Navigational and Transactional Information. We may collect and
store certain Navigational and Transactional Information, such as data
on the choices you make among the range of available services or
merchandise and the times and ways you use Webbworks.
(iii) Private Communications Content. The Webbworks computer system
does not record or retain any chat room communications, instant message
communications, or records of with whom you communicate in chat rooms or
instant messages.
The Webbworks e-mail system retains the contents of private email
communications for a limited period only. Once read, email is
permanently deleted from the system. E-mail that is sent, but not read,
is permanently deleted from the system after about thirty days.
(Consequently, if you wish to keep copies of any communications, you
should store such communications on your personal computer hard drive or
in print form.)
F. Use.
Webbworks safeguards its Subscribers' Individual Information from
unauthorized access and only authorized employees or agents who need to
carry out legitimate business functions are permitted access to
Subscribers' Individual Information. Employees who violate Webbworks
privacy policies are subject to disciplinary actions, including
termination where appropriate.
You acknowledge that private communications directed at a person or
entity, including Webbworks, may be used or disclosed by the intended
recipient(s) without restrictions relating to privacy or
confidentiality.
G. Disclosure.
(i) Individual Information: Because Webbworks considers the Individual Information we maintain to
be confidential, our policy is to not disclose Individual Information to
third parties without prior consent (which may be oral or electronic),
or unless specifically provided below. Webbworks reserves the right to
use agents, who are bound by strict confidentiality guidelines, to
perform storage and processing functions.
It is our policy not to disclose to third parties Subscriber Identity
information that links a Subscriber's screen name(s) with a Subscriber's
actual name, unless required to do so by law or legal process served on
Webbworks (e.g., subpoena). Webbworks reserves the right to make
exceptions to this policy in exceptional circumstances (such as a bomb
or suicide threat, or instances of suspected illegal activity) on a
case-by-case basis and at Webbworks sole discretion.
Webbworks intends to abide by applicable laws governing the
disclosure to governmental entities of Subscribers' Individual
Information and other records. When responding to legal process served
on Webbworks by non-government entities, unless otherwise ordered,
Webbworks current policy is to make reasonable efforts to notify
affected Subscriber(s) in advance of releasing the information in order
to provide Subscriber(s) an opportunity to pursue any available legal
protection.
(ii) Navigational and Transactional Information. Webbworks will not
disclose to third parties Navigational or Transactional Information
(e.g. where you go or what you buy on or through Webbworks), except to
comply with applicable law or valid legal process (e.g., search warrant
or court order).
(iii) Private Communications Content. Webbworks does not access or
disclose the contents of private communications (e.g., email, instant
messages, Subscriber-created private rooms), unless it in good faith
believes that such action is necessary (a) to comply with applicable law
or valid legal process (e.g., search warrant or court order), (b) to
protect the rights or property of Webbworks, or (c) in emergencies when
Webbworks believes that physical safety is at risk. Webbworks reserves
the right to treat as public, any private chat room whose directory or
room name is published or becomes generally known or available.
H. Legal Notices
Thank you for reading the Webbworks TAC and for referring to it for
any updates. We believe that your familiarity with these Rules will
greatly enhance your experience on the Webbworks service and will make
Webbworks an informative, entertaining, and fun place for all our
Subscribers. We have tried to explain clearly our terms, but if any
aspect remains unclear, please do not hesitate to contact us. Our aim is
for Webbworks TAC to foster an online community where there is both free
exchange of ideas and information, and respect for individual and
community rights. We hope you will enjoy your time with Webbworks as
much as we do!
