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Client Terms of Use

General Information

WDS, Woodward Data Systems, is a subsidiary of the World Wide Web Foundry, LLC.   Woodward Data Systems and the World Wide Web Foundry, LLC, are to be referred to hereinafter as "W3F" and the Client Terms of Use as the "contract."  

Acceptance of Terms Through Use

By hosting your website with W3f, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Client Terms of Use").  If you do not agree to these Client Terms of Use, please do not sign the user agreement or send us an e-mail specifying you have read and agree to these client terms and conditions. We reserve the right, at our discretion, to update or revise these Client Terms of Use. Please check the Client Terms of Use periodically for changes. Any changes or modifications to this Client Terms of Use Contract thereto are agreed to by the both parties upon renewal of services.

Agreemement to Rule of User Conduct

This contract is required to obtain and maintain service with the World Wide Web Foundry, herein know as W3F. It acts as protection for W3F, its consultants, and its customers, to prevent misunderstandings, and to provide the framework for a legal recourse in the event of a dispute or violation.

W3F's services may only be used for lawful purposes. Transmission or solicitation of any material which violates laws which may apply in our local jurisdiction or your local area, is prohibited. This includes material which is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws.

You agree to indemnify and hold harmless W3F and it's consults in any legal action which arises as a result of your use of our services, without limitation or exception.

W3F makes no warranties or representations of any kind for the services being offered, including warranties of merchantability or fitness for any purpose. You agree not to hold W3F or its consults responsible for any loss you suffer as a result of using our services, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause. However, W3F agrees that any complete service interruption in excess of 24 hours may justify a refund or credit to its customers for the appropriate amount, but that no further compensation will be made. Scheduled outings and account suspensions do not count towards our refund policy.

ECPA NOTICE. W3F reserves the right to monitor any and all communications through or with our facilities. You agree that W3F is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access.

You agree that the security of your account or server is first and foremost your own responsibility. You further agree that if you believe the security of your account or server has been compromised in any way, you will notify W3F immediately. You agree that if you become aware of misuse of your account or server, and do not notify W3F, you will be held responsible for that misuse.

You agree not to transmit unsolicited or prohibited advertising through electronic mail or inappropriate Usenet postings. You specifically agree that the use of W3F for unsolicited mass mailings or postings (commonly known as "Spam[TM]") will cause your services to be terminated immediately and without warning, and that you will be held legally responsible for the damages to W3F, both monetary and in reputation, as well as hourly fees for reading the complaints which may arise (minimum fine of US$550). ADULT-RELATED SITES ARE STRICTLY PROHIBITED.

You agree that we have the right and responsibility to fully cooperate in any legal investigation regarding any aspect of our services, including services sold to you.

You agree to supply a current and truthful name, postal address, and telephone number for our records. W3F agrees not to sell or donate its mailing list to any other company, and not to publish any information about its customers beyond that which is freely published via "finger" and other standard system utilities.

You agree to pay for your account through legal means. Activities known as "carding" or "forging" credit card numbers are not allowed. Submitting payment information that has been stolen or submitted without consent of the owner of the information is not allowed, If any payment rules, including but not limited to any of the above, have been violated you will be fined US$100 for bank service charges and labor.

W3F makes no guarantees that any of the information transferred through our systems and through your systems is "secure" and/or "decent". Because of the very nature of the Internet, it is impossible to secure any/all information, and/or to block any/all material that is considered "indecent".

When using any of W3F's services, you agree to conduct yourself in a manner that will not restrict W3F and/or any of Web Designers of the Future's users from using any services (including but not limited to: Internet Relay Chat networks and channels, our servers and networks, etc.). Any violation to these conditions will result in a minimum US$500 fine.

This contract supersedes any written, electronic, or oral communication you may have had with W3F or any representative thereof, and constitutes the complete and total agreement between the parties.

Violation of any of the terms and conditions of this contract may result in the immediate termination of your services with W3F, at our discretion. Criminal or civil prosecution may result in extreme cases.

This Agreement is required to be agreed to only for the initial account setup at W3F. It is automatically agreed to, or to any revisions of it, upon the renewal of W3F's services or any new account set-up for the Client.

Options and Offerings

W3F has several several different hosting options that each have unique Terms of Use. If at any time there is a conflict or perceived conflict between those Terms of Use and the Client Terms of Use, W3F has the right at their sole discretion to determine if the Client Terms of Use or the Option or Offering Terms of Use will be honored or deferred to the Client Terms of Use. The decision of W3F is final.

Severability and Itegration

Unless otherwise specified herein, this Agreement constitutes the entire understanding of the parties and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and W3F with respect to your hosting requirements. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of North Carolina, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

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