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1.Web Server Acceptable Use Policy Agreement and Standard Operating
Policy. Web Integrity
Web Server services are provided by Web Integrity ("Web Integrity" or "we")
to you ("Subscriber" or "you"), subject to the
terms of this Agreement and Web Integrity operating policy, which
is incorporated herein and referred to as the "Standard Operating
Policy" or "SOP" and shall be collectively referred
to as "AUP." You may access the AUP by http://www.webintegrity.com/acceptable.html.
The AUP comprises the entire agreement between Web Integrity and
you, and supersedes any prior agreements between you and Web Integrity
with respect to the subject matter of the AUP. Web Integrity may
revise the AUP at any time, and such revision shall be effective
ten (10) days after notice of the proposed revision posts to the
Web Integrity Customer Forums or is sent to customer via e-mail to
the address we have on file in our customer database. You agree to
review the AUP periodically to be aware of such revisions. If any
such revision is unacceptable to you, you may terminate your contract
for service with Web Integrity as provided in Section 9 below. Your
continued use of Web Integrity following the Effective Date of any
such revision to the AUP is deemed as your acceptance of all such
revisions.
2. Account Info. YOU REPRESENT THAT YOU ARE
AT LEAST EIGHTEEN YEARS OLD.
You are entirely liable for all activities conducted
on or through your Web Site. You agree to provide Web Integrity
with accurate, complete, and updated registration information,
and to notify us promptly of any changes in such information. These
changes in your account information, including current e-mail address,
can be made on-line at . It is your responsibility to keep your
information current with us. All invoices and important notices
are sent via e-mail and not receiving these documents due to an
invalid e-mail address will not be deemed a valid excuse for any
reason. Failure to provide Web Integrity with accurate, complete,
or updated information shall constitute a breach of this Agreement
and unauthorized access to any of the Web Integrity servers, and
may result in immediate termination of your account and subject
you to civil and/or criminal liability. You may not select or use
a domain name of another person (unless it is also your name),
a name in violation of the intellectual property rights of a third
party, or a domain name that Web Integrity deems offensive or otherwise
inappropriate. Additionally, you may not use your domain name in
violation of AUP or in ways deemed inappropriate by Web Integrity
(e.g. employing misleading advertising or unfair or deceptive acts
or practices)
3. Charges.
Current rates and charges for Web Integrity services
may be obtained from the Web Integrity Web Site or any Account
Representative or by calling Web Integrity at 253-858-1538. Web
Integrity reserves the right to change its fees and billing methods
at any time effective (30) thirty days after an online posting
on the Web Integrity Web Site and an electronic mail notice to
you. If any such change is unacceptable to you, you may terminate
your Subscription as provided in Section 9 below. Your continued
use of Web Integrity services following the effective date shall
be deemed acceptance of such change. Your monthly Subscription
fee is payable in advance and is not refundable in whole or part.
You are responsible for all charges associated with connecting
to Web Integrity server. You agree that any telephone charges or
local dial up charges incurred is your responsibility.
4. Rights and Responsibilities. (a) Content. Web Integrity does
not pre-screen Content of subscribers' Web Sites as a matter of
policy, but Web Integrity shall have the right, but not the obligation,
to remove Content which is deemed in its discretion harmful, offensive,
or otherwise in violation of the AUP. (b) Rights. You acknowledge
that (i) Web Integrity permits access to Content that is protected
by copyrights, trademarks, and other proprietary (including intellectual
property) rights ("Rights"), and (ii) that these Rights
are valid and protected in all media existing now or later developed
and (iii) except as is explicitly provided otherwise, your use
of Content shall be governed by applicable copyright and other
intellectual property laws. (See SOP for details.) You agree that
you may upload to the Web Integrity servers only Content that is
not subject to any Rights, or Content in which any holder of Rights
has given express authorization for distribution, display or storage
on Web Integrity. You represent that you have the right to upload
any files that you upload. (c) Conduct and Communication. Web Integrity
may elect at its sole discretion to monitor some, all or none of
the activities of Subscribers for adherence to the AUP. You agree
to use Web Integrity only for lawful purposes. Any conduct by a
Subscriber that in Web Integrity sole discretion restricts or inhibits
any other Subscriber, person or entity from using or enjoying Web
Integrity or another service will not be permitted and shall entitle
Web Integrity to immediately terminate Subscription without notice.
(See the SOP for examples of prohibited conduct). For Web Integrity
policy on Subscriber privacy, refer to Section 7 of the SOP. Web
Integrity reserves the right to protect its Subscribers and the
Web Integrity service from offensive email communication including
but not limited to the right to block mass email solicitations
(i.e. junk mail.)
5. International C&S/Internet. (a) International Areas. You
acknowledge that your use of Web Integrity allows access to content
originating from subscribers, ICPs and other third parties located
in countries other than the United States ("International
C&S"). Your access to and use of the International C&S
will be governed (in addition to this Agreement) by separate terms
and operating policies which conform to appropriate national laws
and customs. (b) Web Integrity retains the right but not the obligation,
in its sole discretion and without prior notice or liability, to
limit the distribution within the Web Integrity Service of emailers'
unauthorized mass email solicitations.
6. Web Integrity Software/Screen Name Licenses.
Web Integrity
grants you a non-exclusive, limited license to use the software
through which you access Web Integrity ("Web Integrity Software")
only for use in connecting to your Web Integrity server from authorized
locations in accordance with this Agreement.
7. NO WARRANTY. SUBSCRIBER EXPRESSLY
AGREES THAT USE OF WEB INTEGRITY, WEB INTEGRITY SOFTWARE, WEB
INTEGRITY
EMAIL SERVICES AND IS AT
SUBSCRIBER'S SOLE RISK. WEB INTEGRITY, WEB INTEGRITY EMAIL SERVICES
AND WEB INTEGRITY SOFTWARE ARE PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
WEB INTEGRITY'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH
RESPECT TO USE OF WEB INTEGRITY. WEB INTEGRITY LIABILITY TO YOU
FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE AMOUNT PAID
BY YOU TO ACCESS AND USE WEB INTEGRITY BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES WEB INTEGRITY LIABILITY IS
LIMITED TO THE EXTENT PERMITTED BY LAW.
8. Indemnification.
Upon request of Web Integrity, Subscriber
agrees to defend, indemnify and hold harmless Web Integrity, its
affiliated companies, licensees, telecommunications providers,
and ICPs from all liabilities, claims and expenses, including attorney's
fees, arising from breach of the AUP by use of, or in connection
with, the transmission by or through Subscriber's Master Account
or Sub-Accounts of any Content on Web Integrity. Web Integrity
reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by Subscriber here under, and in such event, Subscriber shall have
no further obligation to provide indemnification for such matter.
9. Termination.
Either Subscriber or Web Integrity may terminate
Subscription at any time. Subscribers MUST use the on-line form
located at http://www.webintegrity.com/cancel.html. This form generates
a request confirmation number with the day and time of the request.
If a Subscriber cannot access this form, they can cancel by calling
the main office at 253-858-1538 but must get a confirmation number
from Web Integrity. A Subscriber cannot simply send the request
via e-mail. Subscriber's only right and sole remedy with respect
to any dissatisfaction with any (i) AUP term, or policy or practice
of Web Integrity in operating Web Integrity, (ii) Content available
through Web Integrity or change therein, or (iii) amount or type
of fees or billing methods, or change therein, is to terminate
Subscription by delivering notice to Web Integrity. Subscriber's
notice of termination will be effective upon receipt by Web Integrity.
In the event that a Subscriber's account is terminated or canceled,
no refund of any fees, including monthly Subscription fee, will
be granted and any time credited to Subscriber's account(s) is
not convertible to cash or other form of credit.
10. Law.
To the extent of any conflict between this agreement
and the SOP, this agreement shall take precedence. Should any part
of the AUP be held invalid or unenforceable, that portion shall
be construed consistent with applicable law as nearly as possible
to reflect the original intentions of the parties and the remaining
portions remain in full force and effect. The laws of the State
of Washington, excluding its conflicts of law rules, shall govern
the AUP and your Subscription. Subscriber expressly agrees that
exclusive jurisdiction for any claim or dispute resides in the
courts of the State of Washington. Subscriber further agrees and
expressly consents to the exercise of personal jurisdiction in
the State of Washington in connection with any dispute or claim
involving Web Integrity.
11. Support.
Web Integrity prides us on having one of the most
comprehensive online support departments on the net. We have many
areas devoted to Subscriber education on using the Web Integrity
Server and information on the Net in general. Our technical support
staff is available over 24 hours a day everyday. Web Integrity
support consists of questions/problems pertaining to the Web Integrity
virtual servers, Web Administration Center software, and policies
and other Web Integrity related questions/problems. In addition,
we fully support all scripts uploaded and installed by Web Integrity.
Once modifications are made to these scripts by you (this does
not include variable changes), we can no longer guarantee accurate
support. Although we cannot guarantee it, we try to help customers
with general questions regarding HTML, CGI programming and other
general areas of the Internet. We do not provide technical support
for any third party software (i.e. scripts downloaded from the
Internet) including Perl scripts, java scripts, or Microsoft FrontPage.
For help in this area, contact the creator or distributor of the
software. Our System Administrators can assist dedicated server
customers with software installation/updates by answering questions.
Once these types of software modifications are made to the system
by the customer, we can no longer guarantee accurate support for
the software.
12. Installing third party software.
Our servers are very flexible
and powerful machines. We allow Subscribers to install third party
software (database programs, cgi scripts, etc.) providing the following
conditions are met: 1) any software installed must not require
root access to install, start, or run. 2) Any software must not
disrupt other subscriber's use and enjoyment of the server. This
might happen if a) scripts use too much memory b) scripts use too
many CPU processes c) scripts interfere with users mail. Subscribers
are welcome to install scripts without the approval of Web Integrity.
If a script is found to disrupt the server in any of the ways mentioned
above, Web Integrity reserves the right to temporarily disable
the script or the virtual server until the problem can be resolved.
13. Allowed disk space.
Each option we offer has a specified amount
of allowed disk space. We do NOT put hard limits on Subscribers
servers (i.e. if a Subscriber reaches his/her limit, the server
would not allow anymore files to be created). Hard limits can cause
some programs to malfunction and possibly damage the Subscribers
data. Instead, we monitor the server space daily and notify via
e-mail any Subscriber who is over his/her allowed limit. We adjust
the monthly service charge accordingly based on the additional
space used. If the extra space used is not intentional (large email,
runaway script, etc.), the Subscriber must delete the additional
files and notify us of the error within 24 hours of the email notification
to avoid the additional space charges.
14. Data transfer rates.
Data transfer is the amount of data that
is exchanged between the server and the requesting terminal. We
allow each web site up to 1(one) gigabyte of data per day (1024
megabytes). This data includes Web server traffic, FTP traffic,
SMTP/POP traffic and any other traffic-generating program. The
Web Integrity stats only report on Web generated traffic. Sites
with over one gigabyte of data transfer per day must either move
to a dedicated server or switch to another provider who allows
more data transfer. Web Integrity reserves the right to disable
a virtual server if the data transfer is in excess of their limit.
A web site cannot be split among multiple virtual servers to allow
for more data transfer.
Standard Operating Policy
1. General
A.
This Standard Operating Policy ("Standard Operating Policy" or "SOP")
set forth how Web Integrity will operate the Web Integrity brand
interactive service and how authorized subscribers may use Web
Integrity. This SOP also explains many practical aspects of using
Web Integrity. Please read this document carefully and refer to
it as often as necessary. You should also read and refer to the
Web Server Acceptable Use Policy (the "AUP"). This document,
and the AUP (which were available when you first sign on to the
WAC), are all of the applicable Web Integrity rules ("Web
Integrity Rules"), and comprise the entire agreement between
you and Web Integrity with respect to Web Integrity. You can view
the AUP or this SOP on Web Integrity at any time. Unless the context
requires otherwise, terms used in the SOP have the meanings given
in the AUP.
B.
We believe that our Web Integrity Rules will enhance Web Integrity
efforts to make Web Integrity informative, entertaining and enjoyable
for everyone. We have tried to explain clearly our Web Integrity
Rules, but if any aspect of the Web Integrity Rules is unclear,
we welcome your comments. We hope that our Web Integrity 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 Web Integrity
A.
Your Web Integrity Account.
(i) YOU MUST BE AT LEAST EIGHTEEN (18) YEARS
OF AGE TO REGISTER FOR WEB INTEGRITY 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 Web Integrity, 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 AUP).
(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 Web Integrity
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 Web Integrity services may be obtained
by calling Web Integrity Customer Service at 253-858-1538. 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 Web Integrity If the payment method for your Subscription
is by credit card and payment is not received by Web Integrity
from the card issuer or its agents, you agree to pay all amounts
due upon demand by Web Integrity. Your card issuer's agreement
governs your use of your designated card in connection with Web
Integrity, and you must refer to such agreement and not this Agreement
with respect to your rights and liabilities as a cardholder. You
agree that Web Integrity 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 Web Integrity
may delay obtaining authorization from your card issuer until submission
of the accumulated charges. If Web Integrity does not receive the
full amount of your Web Integrity 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 Web Integrity efforts to collect any unpaid balance
of your Master Account(s). Unless you notify Web Integrity of any
discrepancies within 90 days after they first appear on your account
statement, you will deem them acceptable for all purposes, including
resolution of inquiries made by your card issuer. You release Web
Integrity from all liabilities and claim of loss resulting from
any SOP or discrepancy that is not reported to Web Integrity within
90 days of its publication.
B.
Online Conduct. Any conduct by you that restricts or inhibits
any other Subscriber from using or enjoying Web Integrity will
not be permitted and may result in termination of Subscription.
You agree to use Web Integrity only for lawful purposes. You may
not use Web Integrity to:
(i)
Harass, threaten, embarrass or cause distress, unwanted attention
or discomfort upon another Subscriber or user of Web Integrity
or other person or entity, (2) post or transmit sexually explicit
images or other content which is deemed by Web Integrity 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 Web Integrity 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 (9) intentionally
or unintentionally violate any applicable local, state, national
or international law, including but not limited to any regulations
having the force of law.
(ii)
Offensive Communication. Web Integrity 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
does not comply with the AUP or SOP. Should you receive such a
warning, take the time to read the Web Integrity Rules again, comprising
the AUP and these SOP which you will find posted in the Subscriber
Services area.
(iii)
Harassment. When a Subscriber targets another individual
or entity to cause distress, embarrassment, unwanted attention,
or other discomfort, this is harassment. Web Integrity 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.
(iv)
Graphic Files. Web Integrity prohibits the transfer or posting
on Web Integrity of sexually, explicit images or other content
deemed offensive by Web Integrity.
(v)
Impersonation. This can involve the portrayal of another person
or entity, such as the impersonation of Web Integrity 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 Web Integrity personnel or others persons
in all forms of online communication, including, but not limited
to, screen names, Subscriber profiles, chat dialogue and message
postings.
(vi)
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.
(vii)
Chain Letters and Pyramid Schemes. Transmission of chain
letters and pyramid schemes of any kind is not allowed on Web Integrity.
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 Web Integrity.
(viii)
Advertising, Solicitation and Name Harvesting. We are proud
to have a strict "anti-spamming" policy. It is a definite
violation of Web Integrity policy and is cause for immediate termination.
You may not use Web Integrity to send unsolicited advertising,
promotional material, or other forms of solicitation to any other
Web Integrity 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 Web Integrity to collect or "harvest" screen names
of other Subscribers without the express prior permission of the
Subscriber. Web Integrity reserves the right to block or filter
mass email solicitations on or through Web Integrity In addition,
you a) may not use your Web Integrity 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 Web Integrity,
or the Web Integrity name in any postings or e-mail solicitations
you choose to participate in anywhere on the Internet. The use
of "ghost sites" (web pages setup on ISPs that allow
spamming, that directly or indirectly reference customers to domains
or IP addresses hosted by Web Integrity) in mass e-mailings is
also prohibited. Web Integrity customers may not participate in
advertising or promoting bulk e-mail software or services of any
kind. Customer / Client Representative accounts associated with
spamming in any way may, at Web Integrity's discretion, be terminated
as per termination clause above.
C.
Content. You recognize that communication over Web Integrity
often occurs in real-time, or is posted on one of Web Integrity
thousands of message boards or libraries, and Web Integrity cannot,
and does not intend to, screen communication in advance. Moreover,
because Web Integrity encourages open and candid communication,
it cannot determine in advance the accuracy, or conformance to
the Web Integrity Rules, of Content transmitted on Web Integrity.
Web Integrity is not responsible for screening, policing, editing,
or monitoring such Content. If notified of Content which is alleged
not to conform to the Web Integrity Rules, Web Integrity 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 Web
Integrity. Web Integrity shall have no liability or responsibility
to you in respect of its performance or non-performance by Web
Integrity 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 Web Integrity 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 Web Integrity software files and message boards or otherwise
transmit on or through Web Integrity 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 Web Integrity
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 Web Integrity
Rules and may render you liable to the holder of such Rights. Subscriber,
you, not Web Integrity 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 Web Integrity 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 Web Integrity 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 Web Integrity retains
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 Web Integrity 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 Web Integrity 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 Web Integrity, nationals of these
countries currently may not legally use Web Integrity servers.
Backups. Web Integrity makes daily backups 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 WAC or through FTP. The daily backup process starts
from 12:00 a.m. - 6:00 a.m. PST everyday. ALL the data backed up
is below the customer's directory. Web Integrity does not back
up ALL anonymous FTP and mail files. Each user is strongly encouraged
to keep a current local copy of his/her site in the event of unrecoverable
data. Web Integrity 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, operated
by, or in any way affiliated with, Web Integrity or any of its
affiliates; it is a separate, independent network of computers
and is not part of Web Integrity. 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 Web
Integrity does not control the Internet, your conduct on the Internet
when using your Web Integrity account is subject to the Web Integrity
Rules. Because Web Integrity wants to be a good Internet citizen,
it prohibits Subscribers from engaging in certain conduct on the
Internet through or by means of Web Integrity including the following:
(i)
Chain Letters. Chain letters are prohibited on Web Integrity
and are inappropriate on the Internet. Posting a chain letter
to an Internet newsgroup (or via email on the Internet) may result
in your Web Integrity account being terminated.
(ii)
Other Inappropriate Posts. Each Bulletin Board on the Internet
focuses on a particular set of topics and the participants do not
welcome posts not related to these topics. 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 Web Integrity 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 Subscription and possible civil and/or criminal liability.
(iv)
Web Integrity reserves the right to suspend or terminate
at its discretion Subscribers' Web Integrity 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 Web
Integrity server either through excessive hits or by excessive
bandwidth. You understand that except for Content, products or
services expressly available at Web Integrity Web site, Web Integrity,
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 Web Integrity or controlled by Web
Integrity. Web Integrity neither endorses nor is responsible for
the accuracy or reliability of such Content, goods or services.
Web Integrity does not guarantee the accuracy, completeness, usefulness,
quality or availability of any Content, goods or services available
on the Internet, which is the sole responsibility of such independent
third parties, and your use thereof is solely at your own risk.
Neither Web Integrity 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 Web Integrity 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. Web Integrity 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 Web Integrity and whose conduct
and communication may also be found to be harmful or offensive
to Subscribers or which would otherwise breach the Web Integrity
Rules if they were subject to it. Since such users are not Subscribers
of Web Integrity, Web Integrity does not have the right or capability
to restrict or review their conduct or communication. Accordingly,
Web Integrity 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
copyright, trademarks, trade secrets and other Rights of the independent
third parties or their licensers who make such Content available
on the Internet protect much of the 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.
3.
Public Communication
A.
Web Integrity 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. Web Integrity will maintain Web Integrity Public Areas
as an open forum for discussion of a wide range of issues and
expression of diverse viewpoints. Web Integrity will administer
standards of online conduct according to the Web Integrity Rules
for the enjoyment of all its Subscribers. Web Integrity has neither
the practical capability nor intention to screen public communications
in advance. Web Integrity will make every attempt to monitor
the Public Areas to ensure that online standards are being maintained.
Web Integrity reserves the right to prohibit conduct, communication,
or Content on Web Integrity which it deems in its discretion
to be harmful to any Subscriber, the communities which comprise
Web Integrity, Web Integrity and third-parties' rights, or to
violate applicable law. Notwithstanding the foregoing, neither
Web Integrity nor its ICPs have the practical ability to restrict
conduct, communication or Content which might violate the Web
Integrity Rules prior to transmission on Web Integrity, nor can
they ensure prompt editing or removal of actually or potentially
violating Content after online posting. Accordingly, you acknowledge
that neither Web Integrity nor any ICP shall assume or have any
liability for any action or inaction by Web Integrity or any
ICP with respect to conduct, communication or Content on Web
Integrity.
4.
Customer Service Communication
A.
Please refer to Section 6D for Web Integrity policy on monitoring
or disclosing private communication. In order to ensure quality
customer service, Web Integrity may monitor Subscriber communication
with Web Integrity customer service employees, including Web
Integrity Sales and Service, Tech Support and Community Action
personnel.
5.
Privacy Policy
A.
General. Protecting your privacy is very important to Web Integrity;
we have adopted the following policies to safeguard your personal
information and we are committed to protecting 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, provides 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
that relate to your Web Integrity Subscription or use of Web
Integrity 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 Web Integrity; and (3) "Private
Communications Content," such as the contents of email,
or private chat room or instant message communications.
B.
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 Subscription,
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 Web Integrity.
(iii)
Private Communications Content. The Web Integrity 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 Web Integrity 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.)
C.
Use. Web Integrity 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
Web Integrity privacy policies are subject to disciplinary actions,
including termination where appropriate. You acknowledge that private
communications directed at a person or entity, including Web Integrity,
may be used or disclosed by the intended recipient(s) without restrictions
relating to privacy or confidentiality.
D.
Disclosure. Because Web Integrity 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. Web Integrity 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 Web Integrity (e.g.,
subpoena). Web Integrity 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 Web Integrity sole discretion. Web
Integrity 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 Web
Integrity by non-government entities, unless otherwise ordered,
Web Integrity 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.
(i)
Navigational and Transactional Information. Web Integrity
will not disclose to third parties Navigational or Transactional
Information (e.g. where you go or what you buy on or through Web
Integrity), except to comply with applicable law or valid legal
process (e.g., search warrant or court order).
(ii)
Private Communications Content. Web Integrity 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 Web Integrity,
or (c) in emergencies when Web Integrity believes that physical
safety is at risk. Web Integrity reserves the right to treat as
public, any private chat room whose directory or room name is published
or becomes generally known or available.
E.
Legal Notices. Thank you for reading the Web Integrity AUP.
We believe that your familiarity with these Rules will greatly
enhance your experience with Web Integrity and will make Web Integrity
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 purpose is for
Web Integrity 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 Web Integrity as much
as we do!
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