|
The Terms of Service in this Agreement
(the “Agreement”) are entered into by and between the subscriber
(“you,” “your” or “Subscriber”) and I-Solutions
Group, Inc. d/b/a Widomaker (hereon in referred to as “Widomaker”).
You are deemed to have accepted this Agreement upon the earliest of: (a) your
submission of an order; (b) your accepting the terms and conditions
electronically during the ordering process; or (c) your use of the Service (as
defined herein). This Agreement includes the terms set forth herein, the
Acceptable Use Policy, the Privacy Policy, and all other materials specifically
referenced in this Agreement, all of which are incorporated by reference
herein. This Agreement sets forth the terms and conditions under which you
agree to use the Service.
SERVICE. Widomaker
will provide you with dedicated access to the Internet, subject to the terms
and conditions set forth herein (the “Service”). Speeds of the
various plans will vary depending on many factors, including but not limited to
distance from the local service provider’s central office, internet
congestion, upload and download speed of your destination server. Service is
provided in conjunction with a circuit provider, which may be your local phone
company. The circuit provider retains the right to cancel the service before or
after installation at their sole discretion at any time. Although
pre-qualification provides a good measure of certainty regarding service
availability, it is not a guarantee of service. We recommend waiting until service
is installed and tested for a few weeks before assuming that service will be
available and of good quality.
PROVIDERS. The
application of certain terms herein vary depending on whether the phone line or
circuit for a Subscriber is AT&T (an “AT&T Subscriber”),
Verizon (a “Verizon Subscriber”), or Covad
(a “Covad Subscriber”). Widomaker breaks
out each phone line or circuit for a Subscriber by Networks. A Subscriber in
“Network 1” or “Network 2” is a AT&T Subscriber, a
Subscriber in “Network 3” is a Verizon Subscriber, and a Subscriber
in “Network 4” is a Covad Subscriber, and
a Subscriber in “Network 6” is a Qwest Subscriber.
SUBSCRIBER INFORMATION.
You acknowledge that you are eighteen (18) years of age or older, and you agree
that you have the legal authority to enter into this Agreement and affirm that
the information you supply to us is correct and complete. You understand that Widomaker
relies on the information you supply and that providing false or incorrect
information may result in Service delays or the suspension or termination of
your Service. You agree to promptly notify Widomaker whenever your personal or
billing information changes, including without limitation, your name, address,
telephone number, and/or credit card number and expiration date, if applicable.
GENERAL PRICING AND FEES.
Widomaker’s prices are shown in the Pricing
Schedule and you will be charged based on the Plan and Options you select
during the ordering process. A Subscriber who selects a “Month to
Month” Plan (a “Monthly Subscriber”) will pay the monthly
price(s) listed on the Pricing Schedule corresponding to the Plan and Options
chosen by such Monthly Subscriber at the time of order.
In addition to
regular fees set forth in the Pricing Schedule, you agree to pay all other
charges, including but not limited to applicable taxes, network usage and
surcharges, including charges imposed against Widomaker by third party
providers that it passes on to you. The taxes and surcharges may vary on a
monthly basis; any variations will be reflected in your monthly charge. The
current Supplier Surcharge Recovery is not currently charged due to federal
regulations having omitted such fees.
However, this can and may change in the future. Please check for changes to these terms
on a regular basis.
SETUP AND ACTIVATION FEES.
Upon entering into this Agreement, a non-refundable setup fee will apply to all
Monthly Subscribers.
PAYMENT, LATE FEES AND OTHER
CHARGES. There is no money back guarantee for any Services
unless specifically written in a special one time promotion. There are no
pro-rated refunds for unused time. Unless otherwise stated in the Pricing
Schedule, Widomaker will invoice Subscribers monthly. Invoices will be on a
full calendar month basis. New Subscribers who enter into this Agreement after
the first day of any month will be billed on a pro-rated basis for their first
month of Service and thereafter on a full calendar month basis. Subscribers
agree to pay within twenty (20) days from receipt of an invoice. If a
Subscriber does not pay an invoice within such twenty (20) day period, Widomaker
may deny, discontinue or otherwise suspend such Subscriber’s Service until
full payment is received. Subscribers are responsible for paying monthly
subscription fees while Services are suspended due to non-payment. All accounts
suspended for non-payment are subject to a twenty-five ($25.00) re-activation
fee. Subscribers are responsible for any disputed charges beyond sixty (60)
days from the date of the charge. Any account which goes into collection status
will be transferred to a collection agency and incur a sixty-five dollar ($65.00)
processing fee and all other applicable fees and charges. Subscribers must pay
a thirty-five dollar ($35.00) service charge on all returned checks, disputed
credit cards, and credit card charge-backs. Past due accounts will accrue a
monthly charge of one and one-half percent (1.5%) of the past due balance or
one dollar ($1.00), whichever is greater. Accounts over 60 days past due will
automatically be terminated.
EQUIPMENT. Widomaker
will provide a AT&T, Verizon, Covad or Qwest
Subscriber with the free use of a modem. Subscriber must return to Widomaker
the complete modem kit in a useable condition at Subscriber’s expense
within thirty (30) days of termination of the Service by Subscriber or Widomaker.
Subscriber must pay ninety-nine dollars ($99) plus applicable taxes to purchase
any modem Subscriber does not return to Widomaker in working condition within
such thirty (30) day period.
SOFTWARE. In
connection with our provision of the Service, we may provide to you, via
download, CD, other media, or other delivery method, the use of certain
software which is owned by Widomaker or its third party licensors, providers
and suppliers, and which may be provided free or for a fee, including client
and/or network security software (the “Software”). We reserve the
right to update or change the Software from time to time and you agree to
cooperate in performing such steps as may be necessary to install any updates
or upgrades to the Software. You may use the Software only as part of or for
use with the Service and for no other purpose. The Software may be accompanied
by an end user license agreement from Widomaker or a third party. Your use of
the Software is governed by the terms of that license agreement and by this
Agreement, where applicable. You may not install or use any Software that is
accompanied by or includes an end user license agreement unless you first agree
to the terms and conditions of the end user license agreement. Furthermore, upon cancellation of the
service, you agree to remove/uninstall any software provided to you by
Widomaker.
TERM. This
Agreement is effective upon Subscriber’s acceptance as provided above and
shall continue until terminated by Subscriber or Widomaker pursuant to this
Agreement. Each Monthly Subscriber is on automatically renewing monthly terms
beginning on the first day of each calendar month (or, for the first monthly
term, the full or partial month beginning with Subscriber’s acceptance as
provided above).
TERMINATION BY SUBSCRIBER.
Subscriber may terminate this Agreement at any time for any reason by providing
Widomaker with a thirty (30) day termination request via phone call to our
offices and paying all fees and other charges accrued or otherwise payable
under the terms of this Agreement. Such thirty (30) day period begins on the
date on which Widomaker receives Subscriber’s valid phoned in termination
request. A Monthly Subscriber’s termination will be effective on the
later of (a) the end of the customers billing period, during which such thirty
(30) day period ends. Notwithstanding the foregoing provisions of this section,
if Widomaker receives a phoned in termination request from a Subscriber, Widomaker
may, in its sole discretion, terminate this Agreement on a date earlier than
the date otherwise prescribed by this section. Widomaker does not monitor Subscriber
accounts for activity, and absence of activity or cancellation of a
Subscriber’s telephone number will never constitute a termination
request. A phoned in termination request is valid only if it includes your DSL
phone number, main username, date you wish the service to be cancelled and the
reason for canceling and is submitted by phone into our offices via
757-253-7621.
TERMINATION BY Widomaker.
If, in Widomaker’s sole discretion, (a) a
Subscriber is in breach of any of the terms of this Agreement (including but
not limited to the Acceptable Use Policy); (b) a Subscriber’s use of the
Service is prohibited by law or is disruptive to, adversely impacts or causes a
malfunction to the Service, Widomaker’s servers
or other equipment, or the use and enjoyment of other users; (c) a Subscriber
acts in an abusive or menacing manner when dealing with Widomaker’s
technical support staff, customer service staff or any other Widomaker
employees or representatives; (d) Widomaker receives an order from a court to
terminate a Subscriber’s Service; or (e) Widomaker for any reason ceases
to offer the Service, then Widomaker at its sole election may terminate or
suspend such Subscriber’s Service immediately without notice. For a
termination in accordance with this paragraph, Subscriber remains liable for
all unpaid fees and other charges accrued or otherwise payable under the terms
of this Agreement, including without limitation the Early Termination Fee and
equipment charges set forth herein, if applicable.
TERMINATED SUBSCRIBER. Widomaker,
in its sole discretion may refuse to accept a Subscriber’s application
for renewal or re-subscription following a termination or suspension of such
Subscriber’s use of the Service. If a Subscriber’s Service is
terminated for any reason, such Subscriber, upon approval by Widomaker, may
enter into a new Agreement and must pay a new setup or activation fee as
provided above. Upon the termination of a Subscriber’s use of the
Service, Widomaker has the right to immediately delete all data, files and
other information stored in or for the Subscriber’s account without
further notice to the Subscriber.
SPEED OF SERVICE.
Speed rate depends upon the Subscriber’s Plan and line capabilities
(e.g., loop length, line condition, gauge of copper wire and Phone Company
provisioning) which are all out of the control of Widomaker. The maximum speed
for ADSL is stated under optimal conditions and may vary significantly. Speeds
are subject to a 20% overhead (e.g., 768k stated speed = 768k times 80% throughput
= 614k actual speed). Minimum speeds are offered for a AT&T Subscriber and
are based on the package’s listed minimum speed minus 20% overhead (e.g.,
384-1500k/128-256k stated speed = 384k times 80% throughput = 307k actual
speed.) Actual speeds that fit the 80% of the minimum throughput criteria are
considered acceptable. A Verizon, Covad or Qwest
Subscriber has no minimum speeds. All Services are provided on an AS IS basis
and throughput speeds are not guaranteed.
INSTALLATION.
Unless otherwise requested by the Subscriber, the first available installation
date will be provided. Any installation date provided to a Subscriber is only
an estimate and is no way a guaranteed installation date. Subscribers
understand and agree that circumstances may arise which delay a Subscribers
estimated installation date and any such delay will not be considered a breach
of this Agreement by Widomaker. Payment for your initial month’s service
(and if applicable: setup fees, installation fees, and equipment) must be
received prior to your turn-on date in order for your setup instructions to be
released to you. If your payment is not received by your turn-on date, you will
be responsible for the service fees even though your setup information has not
been provided to you. A Subscriber’s computer must be equipped with an
Ethernet Network Interface (NIC) card for proper DSL operation. Widomaker does
not include a NIC card as part of the modem package.
SELF-INSTALLATION.
Self-installation allows the Subscriber to install their DSL equipment. This
option provides service to the minimum point of entry (“MPOE” or
“DMARK”) of your phone service. Your MPOE is normally located
outside your building. Inside wiring and inside wiring repair is not included
with this option. If inside wiring or inside wiring repair is required, you
must contract with your circuit provider or other professional for such work at
your own cost. Multi-line phones, phone systems, alarm system or special phone
configuration may require a professional installation or special multi-line
phone filters. Widomaker does not provide nor is responsible for any special
equipment including but not limited to a POTS splitter or multi-line phone
filters.
PROFESSIONAL INSTALLATION.
Subscribers may request a Professional Installation for a one-time fee of ninety
nine dollars ($99.00) The
Professional Installation includes setup of Subscriber’s DSL modem only,
including inside wiring if needed. It does not include installation of
Subscriber’s network card or setup of Subscriber’s computer.
SUBSCRIBER SUPPLIED MODEM.
If a Subscriber supplies their own modem, the Subscriber assumes the risk of
service incompatibility. Incompatible Subscriber modems or other Subscriber
equipment shall not relieve Subscribers from any of their obligations under
this Agreement while troubleshooting defective or incompatible equipment even
if Subscriber’s Service is down during such periods of troubleshooting.
SUBSCRIBER PREMISE EQUIPMENT. The
PPPoE connection will allow one computer to use your
DSL connection. Static IP accounts include a DSL bridge which can be used ahead
of one computer or router provided by you. Widomaker does not provide support
for router(s). All packages include basic instructions and support.
TECHNICAL SUPPORT. Widomaker
assumes that the Subscriber has a basic understanding of their computer. Widomaker
will not train you in basic computer skills (e.g., deleting files or creating
directories). Technical support is intended to facilitate the setup of your
properly functioning computer system for access to our services. Your computer
must recognize your modem or network card, and receive a dial tone or network
link connectivity before any technical support will be dispensed. Our technical
support staff is not trained to, has no obligation to and will not assist you
in installing and/or troubleshooting modems, network cards, routers, complex
network configurations or telephone lines, neither will they provide any
technical assistance or support for any third party Software. Widomaker is not
responsible for connection problems due to a computer that is infected with
viruses, spyware or malware. It is the Subscriber's responsibility to initiate
and be available for technical support during Widomaker's
hours of operation. If a Subscriber wishes to utilize Widomaker's
technical support, the Subscriber must be available to help troubleshoot the
connection or computer setup. Widomaker does not provide on-site technical
support. However phone company technicians may be dispatched to troubleshoot
the circuit with a Subscriber's approval. The Subscriber is solely responsible
for all charges involved with dispatching a technician to troubleshoot their
line. Charges are currently sixty dollars ($60.00) per visit or truck roll
which includes one-half (1/2) hour of work and thirty-five dollars ($35.00) for
each additional one-half (1/2) hour of work. All such charges are subject to
change with no prior notice. Subscriber understands and agrees that any such
technician or other person dispatched to troubleshoot Subscriber's line is not
an employee or agent of Widomaker and Widomaker is not liable for any damages,
costs or expenses relating to or arising from any acts, errors or omissions by
any such technician or other person.
MAINTAINING CURRENT TELEPHONE
SERVICE. DSL service shares the Subscriber’s current
telephone line and service. It is the Subscriber’s sole responsibility to
maintain the phone line and phone number of original installation in continuous
working order with the local phone company in order to receive the Services. A
Subscriber who disconnects telephone service remains responsible for monthly
service fees, Early Termination Fees and all other fees, charges and other
obligations provided for in this Agreement. This includes but is not limited to
change of phone number, change of phone line or change of service location. A
change in phone service will result in downtime while service is reestablished.
IP ADDRESSES.
Each Subscriber is allowed one (1) computer device per IP address. Upon
expiration, cancellation or termination of this Agreement, a Subscriber must
relinquish any IP addresses or address blocks assigned to them by Widomaker. Widomaker
may choose to assign any Subscriber a new IP address at any time.
ACCEPTABLE USE.
Subscriber agrees to use the DSL Service in accordance with Widomaker’s
acceptable use policy (“Acceptable Use Policy”) published at http://www.widomaker.com/terms.html.
Widomaker reserves the right to make changes to the Acceptable Use Policy without
notice.
PRIVACY POLICY.
Widomaker will treat each Subscriber’s personal information in accordance
with Widomaker’s privacy policy (“Privacy
Policy”) published at http://www.widomaker.com/terms.html. Subscriber
agrees to the terms of the Privacy Policy. Widomaker reserves the right to make
changes to the Privacy Policy without notice.
WARRANTIES AND LIMITATIONS OF
LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED
HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE”
BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS
AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH
IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY WIDOMAKER
(BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT). WIDOMAKER
(AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD
PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR
THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE,
COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE
OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION
GIVEN BY WIDOMAKER OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF WIDOMAKER
TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.
WIDOMAKER DOES NOT WARRANT OR GUARANTEE THAT DSL SERVICE CAN BE PROVISIONED TO
YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED
SCHEDULE, EVEN IF WIDOMAKER HAS ACCEPTED YOUR ORDER FOR DSL SERVICE. THE
PROVISIONING OF DSL SERVICE IS SUBJECT TO CIRCUIT AVAILABILITY AND OTHER FACTORS,
INCLUDING WITHOUT LIMITATION, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE
AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND
CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED
FOR ANY REASON, NEITHER YOU NOR WIDOMAKER SHALL HAVE ANY DUTIES OR OBLIGATIONS
UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY WIDOMAKER -PROVIDED
EQUIPMENT, PURSUANT TO THE TERMS OF THIS AGREEMENT).
WIDOMAKER DOES NOT WARRANT THAT THE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY WIDOMAKER
WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL
BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. WIDOMAKER SHALL NOT BE
LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR
SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME
OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. WIDOMAKER MAKES NO WARRANTY
REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE, THE
EQUIPMENT OR THE INTERNET. WIDOMAKER MAKES NO WARRANTY REGARDING THE CONTENT
AND INFORMATION ACCESSED BY USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR
ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE
OF THE SERVICE, THE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY. YOU
AGREE NOT TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT IN ANY HIGH RISK
ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS
MAY RESULT IF AN ERROR OCCURS.
IN NO EVENT SHALL WIDOMAKER (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES,
OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE
FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES,
INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA
ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE
SOFTWARE OR THE EQUIPMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE
CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT,
TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF WIDOMAKER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY
OTHER PARTY.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 30 ALSO APPLY TO WIDOMAKER’S
THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF
THIS AGREEMENT.
ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH WIDOMAKER (AND ITS
OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), WIDOMAKER’S
THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE
REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER
LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU.
WIDOMAKER RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS
AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR
THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES
RELATING TO THE SERVICE.)
WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS WIDOMAKER (OR
ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY
LICENSORS, PROVIDERS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS
AGREEEMNT OR SUBJECTING WIDOMAKER (OR ITS OFFICERS, EMPLOYEES, PARENT,
SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS
TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE
RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING
YOU WITH ANY ADDITIOINAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY OF WIDOMAKER (AND
ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY
LICENSORS, PROVIDERS AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE
UNUSED PORTION OF YOUR PREPAID FEES, IF ANY.
LINKS. Widomaker
or third parties may provide links to websites other than http://www.widomaker.com/
or other resources. Because Widomaker has no control over such websites and
resources, you acknowledge and agree that Widomaker is not responsible for the
availability of such external sites or resources and does not endorse and is
not responsible or liable for any content, advertising, products, or other
materials on or available from such websites or resources. You further acknowledge
and agree that Widomaker will not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services
available on or through any such website or resource.
INDEMNIFICATION. You
agree to defend, indemnify and hold harmless Widomaker from and against all
liabilities, costs and expenses, including reasonable attorney’s fees,
related to or arising from: (a) any violation of applicable laws, regulations
or this Agreement by you (or any parties who use your account, with or without
your permission, to access the Service); (b) the use of the Service, the
Software, the Equipment or the Internet or the placement or transmission of any
message, information, software or other materials on the Internet by you (or
any parties who use your account, with or without your permission, to access
the Service); (c) negligent acts, errors, or omissions by you (or any parties
who use your account, with or without your permission, to access the Service);
(d) injuries to or death of any person and for damages to or loss of any
property, which may in any way arise out of or result from or in connection
with this Agreement, except to the extent that such liabilities arise from the
active negligence or willful misconduct of the other party; or (e) claims for
infringement of any intellectual property rights arising from the use of the
Service, the Software, the Equipment or the Internet.
REVISIONS. Widomaker
may revise the terms and conditions of this Agreement from time to time
(including any of the policies which may be applicable to usage of the Service)
by posting such revisions to our website at http://www.widomaker.com/terms.html.
Subscribers agree to visit this page and the links thereon periodically to be
aware of and review any such revisions. Increases to the monthly price of the
Service for Monthly Subscribers shall be effective beginning with the calendar
month following the calendar month in which such increases are posted.
Revisions to any other terms and conditions shall be effective upon posting. By
continuing to use the Service after revisions are in effect, a Subscriber
accepts and agrees to the revisions and to abide by them. Any Subscriber who
does not agree to the revision(s) must terminate their Service immediately.
ASSIGNMENT. You
agree not to assign or otherwise transfer, this Agreement in whole or in part,
including the Software or your rights or obligations under it. Any attempt to
do so shall be void. Widomaker may assign all or any part of this Agreement
without notice and you agree to make all subsequent payments as directed.
CHOICE OF LAW.
You and Widomaker agree that the substantive laws of the State of Virginia,
without reference to its principles of conflicts of laws, will be applied to
govern, construe and enforce all of the rights and duties of the parties
arising from or relating in any way to the subject matter of this Agreement.
YOU AND Widomaker CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE
IN A COURT LOCATED IN NEWPORT NEWS, VIRGINIA FOR ANY SUITS OR CAUSES OF ACTION
CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS
AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including Virginia
laws relating to consumer transactions, any cause of action or claim you may
have with respect to the Service must be commenced within one (1) year after
the claim or cause of action arises or such claim or cause of action is barred.
COMPLIANCE. Widomaker’s failure at any time to insist upon strict
compliance with any of the provisions of this Agreement in any instance shall
not be construed to be a waiver of such terms in the future. If any provision
of this Agreement is determined to be invalid, illegal or unenforceable, the
validity, legality, and enforceability of the remaining provisions shall not in
any way be affected or impaired thereby, and the unenforceable portion shall be
construed as nearly as possible to reflect the original intentions of the
parties.
THINGS BEYOND WIDOMAKER’S
CONTROL. Widomaker will not be liable for delays, damages or
failures in performance due to causes beyond its reasonable control, including,
but not limited to, acts of a governmental body, acts of God, acts of third
parties, fires, floods, strikes or other labor-related disputes, of other
things we do not control, or an inability to obtain necessary equipment or
services.
ENTIRE AGREEMENT.
This Agreement, including all policies posted on Widomaker’s
website, which are fully incorporated into this Agreement by reference,
constitutes the entire agreement between you and Widomaker with respect to the
subject matter hereto and supersedes any and all prior or contemporaneous
agreements whether written or oral. Any changes by you to this Agreement, or
any additional or different terms in your purchase orders, acknowledgements or
other documents, written or electronic, are void.
NOTICE.
Notices by Widomaker to you shall be deemed given: (a) when sent to your Widomaker
email address, (b) when deposited in the United States mail addressed to you at
the address you have specified in your account options or (c) when hand
delivered to your home, as applicable.
SURVIVAL. All
obligations of the parties under this Agreement, which, by their nature, would
continue beyond the termination, cancellation or expiration of this Agreement,
including without limitation, those provisions relating to Warranties and
Limitation of Liability and Indemnification, shall survive such termination,
cancellation or expiration.
Version
2.0je (7/23/2008)
|
