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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/main/web_hosting/acceptable. 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 and well be 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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