VirtuWorks is a Web Presence
Provider. User accounts on our Internet servers are
subject to compliance with the terms and conditions set
forth below. Under the terms of this agreement, your
placement of information on VirtuWorks servers is an
acknowledgement that you have read and understood this
agreement, and that you agree to be bound by the terms
and conditions below. If you do not wish to be bound by
these terms and conditions, you should not proceed to
place any information of any kind on VirtuWorks
servers.
1. USER CONDUCT:
VirtuWorks services may only be used for lawful
purposes. Any use of these services which violates any
local, state, federal, or international laws which may
apply to VirtuWorks, your local jurisdiction, or any
jurisdiction that you or your site may be subject to is
strictly prohibited. While using the service, you may
not:
A. Restrict or
inhibit any other user from using and enjoying the
Internet;
B. Post or transmit
any unlawful, threatening, abusive, libelous,
defamatory, or otherwise objectionable information of
any kindluding without limitation any transmissions
constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil
liability, or otherwise violate any local, state,
federal or international lawluding without
limitation the U.S. export control laws and regulations,
and laws protecting intellectual property including
copyright, trademark, trade secret, misappropriation and
anti-dilution laws;
C. Post, publish,
transmit, reproduce or distribute any information or
software which contains a virus or other harmful
component;
D. Post, publish,
transmit, reproduce, distribute or in any way exploit
any information, software, or other material obtained
through the service for commercial purposes (other than
as expressly permitted by the provider of such
information, software, or other material);
2.INDEMNIFICATION:
You agree to indemnify, defend, and hold harmless
VirtuWorks from any and all liability, penalties,
losses, damages, costs, expenses, attorneys' fees,
causes of action or claims caused by or resulting
indirectly from your use of the service which damages
either you, VirtuWorks, or any other party or parties
without limitation or exception. This indemnification
and hold harmless agreement extends to all issues
associated with your accountluding but not limited
to domain name selection and Web site content.
3. REFUSAL OR DISCONTINUANCE
OF SERVICE: VirtuWorks reserves the right to
refuse or discontinue service to anyone at VirtuWorks
sole discretion. VirtuWorks may deny you access to all
or part of the service without notice if you engage in
any conduct or activities that VirtuWorks in its sole
discretion believes violates any of the terms and
conditions in this agreement. VirtuWorks shall have no
responsibility to notify any third-party providers of
services, merchandise, or information, nor any
responsibility for any consequences resulting from such
discontinuance or lack of notification. You agree that
VirtuWorks has the right to monitor the service
electronically from time to time and to disclose any
information as necessary to satisfy the law, or to
protect itself or its subscribers. VirtuWorks reserves
the right to refuse to post or to remove any information
or materials, in whole or in part, that, in its sole
discretion, are unacceptable, undesirable, or in
violation of this agreement.
4. NO WARRANTIES:
VirtuWorks makes no warranties or representations of
any kind for the services being offered. The service is
provided on an "as is" and "as available" basis without
warranties of any kind, either express or implied,
including but not limited to warranties of title,
non-infringement, or implied warranties of
merchantability or fitness for a particular purpose. No
advice or information given by VirtuWorks or its agents
or employees shall create a warranty. VirtuWorks
provides no warranty that the service will be
uninterrupted or error free or that any information,
software or other material accessible on the service is
free from viruses or other harmful components. Under no
circumstances shall VirtuWorks be liable for any
direct, indirect, special, punitive, or consequential
damages that result in any way from your use of or
inability to use the service, or for third parties' use
of the service to access your Web space, or to access
the Internet or any part thereof, or your or any third
parties' reliance on or use of information, services, or
merchandise provided on or through the service, or that
result from mistakes, omissions, interruptions, deletion
of files, errors, defects, delays in operation or
transmission, or any failure of performance. If you are
dissatisfied with VirtuWorks service or any of its
terms, conditions, rules, policies, guidelines, or
practices, your sole and exclusive remedy is to
discontinue using the service. You understand that by
placing information on VirtuWorks' servers that such
information becomes available to all Internet users and
that VirtuWorks has no way of limiting or restricting
access to such information or protecting such
information from copyright infringement. You assume
total responsibility and risk for your use of VirtuWorks,
Inc' servers and the Internet. It is solely your
responsibility to evaluate the accuracy, completeness,
and usefulness of all opinions, advice, services and
other information, and the quality and merchantability
of all merchandise provided through VirtuWorks or on
the Internet generally.
5. ECPA NOTICE:
VirtuWorks reserves the right to monitor any
and all communications through or with our facilities.
You agree that VirtuWorks is not considered a "secure
communications medium" for the purposes of the ECPA, and
that no expectation of privacy is afforded.
6. IDENTIFICATION
INFORMATION: You agree that you as the person
legally responsible for use of this account, are at
least 18 years of age. You agree to supply VirtuWorks
with a current and truthful name, postal address and
telephone number for our records, and you have a
continued obligation to keep this information current.
You also agree that you are an authorized user of any
credit card that you supply to us and agree that we have
an obligation to fully investigate any possible
fraudulent credit card use.
7. NO INTERFERENCE WITH
OPERATION OF SYSTEM: You agree not to
maliciously or intentionally interfere with the proper
operation of the systemluding 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 Internetluding any attempt at unauthorized
access. You agree to follow the Acceptable Use Policy of
any network or service you connect to. You agree to
adhere to system policies as published online by VirtuWorks,
Including restrictions on services available with
each account type, restrictions on certain features, and
all other policies designed to protect and enhance the
quality and reliability of service at VirtuWorks You
agree to abide by any and all future VirtuWorks policy
decisions.
8. SECURITY: You
agree that the security of your account is solely your
own responsibility. You further agree that if you
believe the security of your account has been
compromised in any way, you will notify VirtuWorks
immediately in writing by registered mail, return
receipted, to VirtuWorks, 2842 NW 79th Avenue, Doral, Fl 33122. You shall be held fully responsible for
any misuse or compromise to your account for which
VirtuWorks is not properly notified. You agree that if
any security violations are believed to have occurred in
association with your account, VirtuWorks has the right
to suspend access to the account pending an
investigation and resolution. You also agree that
VirtuWorks has the right to cooperate in any government
or legal investigation regarding any aspect of our
servicesluding services sold to you. Any use of our
system to engage in software piracy or other violations
of law will result in account suspension and be
immediately reported to the appropriate authorities.
9. BACKUP OF DATA:
Your use of the service is at your sole risk. VirtuWorks,
Inc is not responsible for files and data residing on
your account. You agree to take full responsibility for
files and data transferred and to maintain all
appropriate backup of files and data stored on VirtuWorks,
Inc servers.
10. TRANSMITTAL OF
MATERIALS You agree not to transmit unsolicited
or prohibited advertising or other harassing or illegal
materials through electronic mail, Usenet postings, or
other Internet media. The use of VirtuWorks or any
other service with reference to services obtained
through VirtuWorks, for unsolicited mass mailings,
postings, or other activities considered an annoyance to
others, commonly referred to as "spamming" is strictly
prohibited and may cause your services to be terminated
immediately and without warning and you will be held
fully responsible for any damages to you, VirtuWorks,
or any other party or parties resulting from any such
conduct.
11. PAYMENT: You
agree to supply appropriate payment for the services
received from VirtuWorks, in advance of the time period
during which such services are provided. You agree that
all fees are non-refundable once setup is completed. You
agree that until and unless you notify VirtuWorks of
your desire to cancel any or all services received,
those services will be billed on a recurring basis. You
agree that if you are paying by credit card, prepayments
will be billed and charged automatically, and that
VirtuWorks may apply the amount due to the provided
card at any time.
12. PRIOR
AGREEMENTS: This agreement supersedes any
written, electronic, or oral communication you may have
had with VirtuWorks or any agent or representative
thereof, and constitutes the complete and total
agreement between the parties.
13. SEVERABILITY:
If any provision of this agreement is determined to be
invalid or unenforceable, all other provisions shall
remain in full force and effect and said provision shall
be reformed only to the extent necessary to make it
enforceable.
14. APPLICABLE LAW,
JURISDICTION, AND SERVICE: This agreement shall
be governed by the applicable laws of the State of
Florida, USA ("Florida") and the United States of
America. Customer agrees that all services provided by
VirtuWorks shall be deemed to have been requested and
provided in Dade County, Florida. Customer further
agrees that the County Court in and for Dade County,
Florida, shall have personal jurisdiction over Customer
and exclusive subject matter jurisdiction over any and
all controversies or claims arising from or relating to
this agreement or the services provided by VirtuWorks
Customer agrees to accept service of process related to
this agreement by ordinary mail, postage prepaid, to the
most recent address provided by Customer.
15.
ACKNOWLEDGEMENT: By placing and continuing to
maintain or place information on VirtuWorks' servers
you are stating and acknowledging that you have read the
aforementioned terms and conditions and that you
understand such terms and conditions and agree to be
bound by them.
16. REPRESENTATIONS AND
INDEMNIFICATION: You hereby warrant that (i)
You are the owner of all artwork, designs, pictures,
logos, trademarks, literature and other materials
supplied to VirtuWorks hereunder, (ii) none of the artwork,
designs, pictures, logos, trademarks, or other materials
supplied by You infringe any copyrights, trademarks, or
other rights of any third party, and (iii)You have the
full authority to use such materials for the purposes
contemplated hereunder.
You hereby agree to hold VirtuWorks
harmless against all liabilities, demands, damages,
expenses, claims, or lossesluding all costs of
defense and reasonable attorneys fees arising (i) out of
use by VirtuWorks or its transferees of any materials,
artwork, designs, logos, photographs or other
information furnished under this agreement, or (ii) out
of any use, sale, or other disposition by You or your
agents or affiliates of any products made or sold by
You.
Without prejudice to its other
rights and remedies in the event of a breach of this
Agreement by You, which rights are expressly reserved by
VirtuWorks, VirtuWorks hereby retains the right to immediately
terminate this agreement and shut down the entire
website, or such infringing portions, either temporarily
or permanently, based on any breach or claimed breach of
the above representations, or threat of suit, without
any liability to You. Any indemnity given under this
Agreement shall survive termination of this agreement.
Other Information
This is our account service
contract. It is fairly standard legalese. Although it
may sound harsh, rest assured that we have nothing but
good intentions towards our customers. Like all of our
policies, the contract is designed to maximize the
efficiency and quality of our service for all customers.