1.) Webbworks, Inc. exercises no control whatsoever over the content of the information passing through the Internet. Webbworks makes no warranties of any kind, whether expressed or implied, for the service it is providing. Webbworks also disclaims any warranty of merchantability or fitness for a particular purpose, and any obligation to maintain the confidentiality of information, although Webbworks current practice is to utilize reasonable efforts to maintain such confidentiality. Warranties on equipment and/or software procured from Webbworks are limited to the written limited warranty which accompanies merchandise. All sales are final with no returns on equipment and/or software other than required by law. Webbworks will not be responsible for any damage client suffers from use of the Internet. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by its own negligence or clients errors or omissions, or due to inadvertent release or disclosure of information sent by client. Use of any information obtained via the Internet is at clients own risk. Webbworks specifically denies any responsibility for the accuracy or quality of information obtained through its services.
2.) Any liability of Webbworks including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect delay in operation or transmission, communication line failure, theft or destruction of or unauthorized access to , alteration of or use of records, whether for breach of contract, tortuous behavior, negligence or under any other cause of action, shall be limited to the amount paid by or on behalf of the customer of Webbworks for the current month.
3.) The Internet may only be used for lawful purposes. Transmission of any material in violation any U.S., state or local regulation is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. Client agrees to indemnify and hold harmless Webbworks from any claims resulting from use of the service which damages client or another party.
4.) The use of the Internet to transmit certain kinds of information (including without limitation, computer software and other technical data) may violate export control laws and regulations of the United States, whether that information is received abroad or by foreign nationals within the United States. Since Webbworks exercises no control whatsoever over the content of information passing through the Internet, the entire burden of complying with such laws and regulations rests with its clients. Client agrees to comply with such laws and regulations and to indemnify and hold Webbworks harmless from any damages it may suffer resulting from any violation of the export control laws of the United States.
5.) Any access to other networks connected to the Internet must comply with the rules appropriate for that other network. Use of the Internet itself may be for any lawful purpose. Use of the Internet for commercial purposes is permitted.
6.) Any attempt to access or modify unauthorized computer system information or to interfere with normal system operations, whether on the equipment of Webbworks or of any computer system or network that is accessed via Webbworks' service, will result in the immediate suspension or termination of services. These unauthorized activities include, but are not limited to: guessing at or using passwords other than clients own, accessing information that doesn't have public access permissions, and accessing any computer system on which client or the public are not welcome.
7.) Commercial posting to non-commercial newsgroups or postings which are directed to either inappropriate, unrelated or more than 20 groups is prohibited. Groups in the Webbworks group may not be used for posting of other service providers with out written approval of Webbworks.
8.) Use of e-mail to distribute unsolicted advertisements is prohibited.
9.) Client agrees to pay all charges incurred through access of his/her account. The right to use the service is not transferable. Payment is due upon receipt of renewal notice. Accounts are in default if payment is not received within 10 days after date of notice. If payment is returned to Webbworks unpaid client is immediately in default and subject to a returned check or re-billing charge of $25 from Webbworks. Accounts in default may have their service interrupted. Such interruption does not relieve client from the obligation to pay the monthly charge. Only a written request to terminate service relieves client of the obligation to pay the monthly account charge. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. If local state law does not allow an interest rate of 1.5% per month, the maximum allowable rate for said state will be charged. If in default, client agrees to pay Webbworks reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. All accounts automatically renew on the same billing cycle for which you were previously invoiced unless you make changes prior to your renewal date or you cancel your service as explained below.
10.) Service is perpetual and is billed at least monthly and may be canceled in writing with 30 days notice with no penalty. If you wish to cancel your account, the account holder must give signed, written notice, including reason for discontinuation, sent by fax or mail, or may call our technical support number for assistance in cancelling using our website 30 days prior to your renewal date. Except for those who are on a month-to-month service. Our technical support staff can assist you Monday through Friday between 8:00 am and 8:00 pm, and Saturday and Sunday between 10:00 am and 6:00 pm. Cancellations on our website need to be done 30 days before the your renewal date. If you prepay for four, six, eight or twelve months and choose to cancel your account, your service will not be terminated until the end of your prepaid term. As such we will not refund prepaid accounts. All activation fees are not refundable. One you access your Webbworks account you will be held liable for the full term of your contract.
11.) Individual accounts are for the use of one individual or family living at the same residence only. It is for one concurrent access only. It is prohibited to allow any other person to know the password and/or use the account.
12.) Rates are set forth on the Webbworks Service's pricing documentation. Webbworks will provide 30 days written notice of an increase in base prices using the clients Webbworks e-mail account. The client will then have 10 days from the date of the effective increase to provide Webbworks with a written request to terminate service and incur no termination liability. Otherwise, the client's existing service will be billed at the new base prices. The Webbworks client will be responsible for all charges up to 30 days from the date the notice was received.
13.) Webbworks reserves the right to refuse/disconnect service to anyone at anytime for any reason.
14.) Webbworks may provide (for a fee) certain end-user software to facilitate its clients use of the Internet. Such software and any related documentation ("Licensed Program") are owned by and licensed to the purchaser. You may not use, copy, modify, reverse engineer, sell, lease, sublease, or otherwise transfer the Licensed Program, or any copy or modification, in whole or in part, except as expressly provided in the License Agreement of the software. It is the responsibility of the purchaser to make him or herself familiar with these restrictions. With regard to software restrictions and covenants, restrictions by the licenser supersede any written or verbally expressed statements made by Webbworks.
15.) THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WEBBWORKS SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, NOR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF WEBBWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.) Service may automatically terminate if client fails to comply with any term or condition of this agreement, or in the event of termination of the service agreement with Webbworks. If requested by user, a web page will be provided for 2 weeks identifying the new location of the client and his e-mail will be forwarded during this 2 week period if the termination was initiated by Webbworks and was not caused by failure to pay for service.
17.) Any user who has his account discontinued for non-payment will not be provided a forwarding address nor will his e-mail be forwarded.
18.) All account members are subject to the usage restrictions for memory and data transfers. User agrees that he is responsible for any usage of his site and will pay compensation at the specified rate if usage exceeds allowable amounts. Acceptance of an assigned Toll-Free Access Number acknowledges accecptance of the access charges. Users who have been assigned Toll-Free Access Numbers, explicitly acknowledge their understanding and acceptance of all fees and charges and agree to payment of all such fees and charges. Toll-Free Access Number users acknowledge that they will pay all fees and charges for useage the exceeds 1 hour per month.
19.) Technical support will be provided under the specified restrictions. Technical support will be provided to support standard products related to internet connectivity. Requests for support for other functions and products are not included in the standard connection fee. Request for support for any software or hardware problem not included in the standard connection fee, will be billed to a Credit Card at the posted service rates.
20.) All individuals accessing Webbworks' services represent to Webbworks that they are 18 years of age or older. If under 18 years of age, such individual is not permitted to access Webbworks' services unless the express written agreement of such individual's parent or legal guardian has been furnished to Webbworks. Certain material available through the Internet may not be suitable for individuals under the age of 18.
21.) These Terms and Conditions supercede all previous representations, understandings, or agreements, except with regard the software license restrictions, and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of Webbworks' services constitutes acceptance of these Terms and Conditions. These Terms and Conditions may be modified by Webbworks upon 30 days prior written notice to client. Continued use of Webbworks' services following such modifications constitutes acceptance of these Terms and Conditions, as modified.