WadsworthOhio Terms Of Service
1. ACCEPTANCE OF TERMS
WadsworthOhio provides our service to you, subject to the following
Terms of Service ("TOS"), which may be updated by us from
time to time without notice to you. http://www.wadsworthohio.net/legalnotice.html
2. DESCRIPTION OF SERVICE
WadsworthOhio currently provides users with access to a collection
of on-line resources, including business web page hosting
services (the "Service"). Unless explicitly stated otherwise,
any new features that augment or enhance the current Service,
including the release of new WadsworthOhio resources, shall
be subject to the TOS. In order to use the Service, you must
obtain access to the World Wide Web, either directly or through
devices that access web-based content, and pay any service
fees associated with such access. In addition, you must provide
all equipment necessary to make such connection to the World
Wide Web, including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to: (a)
provide true, accurate, and current information about yourself
when signing up for any of our Services. and (b) maintain
and promptly inform WadsworthOhio to keep your data true, accurate,
current and complete. If you provide any information that
is untrue, inaccurate, not current or incomplete, or WadsworthOhio
has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, WadsworthOhio
has the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion
thereof).
4. WadsworthOhio PRIVACY POLICY
Pursuant to WadsworthOhio's privacy policy, we will not disclose
your information to third parties unless specifically authorized
by you or in the good faith belief that such action is reasonably
necessary to comply with the law, legal process, or to enforce
the TOS. For more information, please see our full privacy
policy at http://www.wadsworthohio.net/privacy.html
5. MEMBER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not
WadsworthOhio, are entirely responsible for all Content that
you upload, post or otherwise transmit via the Service. WadsworthOhio
does not control the Content posted via the Service and, as
such, does not guarantee the accuracy, integrity or quality
of such Content.
You agree to not use the Service to:
(a) upload, post or otherwise transmit any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not
limited to, a WadsworthOhio official, forum leaders, guides
or hosts, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted through
the Service or develop restricted or password-only access
pages, or hidden pages or images (those not linked to from
another accessible page);
(e) upload, post or otherwise transmit any Content that you
do not have a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part
of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary
rights of any party;
(g) upload, post or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,";
(h) upload, post or otherwise transmit any material that
contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment;
(i) disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service are able to
type, or otherwise act in a manner that negatively affects
other users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
(k) intentionally or unintentionally violate any applicable
local, state, national or international law, including, but
not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law;
(l) "stalk" or otherwise harass another;
(m) collect or store personal data about other users;
(n) promote or provide instructional information about illegal
activities, promote physical harm or injury against any group
or individual, or promote any act of cruelty to animals. This
may include, but is not limited to, providing instructions
on how to assemble bombs, grenades and other weapons, and
creating "Crush" sites;
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
7. CONTENT SUBMITTED TO WadsworthOhio
WadsworthOhio does not claim ownership of the Content you place
on your Biz Site. By submitting Content to WadsworthOhio for
inclusion on your Biz Site, you grant WadsworthOhio the world-wide,
royalty-free, and non-exclusive license to reproduce, modify,
adapt and publish the Content solely for the purpose of displaying,
distributing and promoting your Biz Site. This license exists
only for as long as you continue to be a WadsworthOhio member
and shall be terminated at the time your membership is terminated.
You acknowledge that WadsworthOhio does not pre-screen Content,
but that WadsworthOhio and its designees shall have the right
(but not the obligation) in their sole discretion to refuse
or remove any Content that is available via the Service. Without
limiting the foregoing, WadsworthOhio and its designees shall
have the right to remove any Content that violates the TOS
or is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness
of such Content.
8. INDEMNITY
You agree to indemnify and hold WadsworthOhio, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to
or arising out of your Content, your use of the Service, your
connection to the Service, your violation of the TOS, or your
violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell
or exploit any portion of the Service, use of the Service,
or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that WadsworthOhio may establish general practices
and limits concerning use of the Service.
11. MODIFICATIONS TO SERVICE
WadsworthOhio reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice.
You agree that WadsworthOhio shall not be liable to you or
to any third party for any modification, suspension or discontinuance
of the Service.
12. TERMINATION
You agree that WadsworthOhio, in its sole discretion, may terminate
your password, Biz Site, use of the Service or use of any
other WadsworthOhio service, and remove and discard any Content
within the Service, for any reason, including, without limitation,
if WadsworthOhio believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. WadsworthOhio may also
in its sole discretion and at any time discontinue providing
the Service, or any part thereof, with or without notice.
You agree that any termination of your access to the Service
under any provision of this TOS may be effected without prior
notice, and acknowledge and agree that WadsworthOhio may immediately
deactivate or delete your Biz Site and all related information
and files in your Biz Site and/or bar any further access to
such files or the Service. Further, you agree that WadsworthOhio
shall not be liable to you or any third-party for any termination
of your access to the Service.
13. WadsworthOhio PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly
authorized by WadsworthOhio or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in
part.
You agree not to access the Service by any means other than
through the interface that is provided by WadsworthOhio for
use in accessing the Service.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WadsworthOhio
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WadsworthOhio MAKES NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM WadsworthOhio OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WadsworthOhio SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF WadsworthOhio HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
17. NOTICE
Notices to you may be made via either email or regular mail.
The Service may also provide notices of changes to the TOS
or other matters by displaying notices or links to notices
to you generally on the Service.
18. GENERAL INFORMATION
The TOS constitute the entire agreement between you and WadsworthOhio
and govern your use of the Service, superceding any prior
agreements between you and WadsworthOhio (including, but not
limited to, any prior versions of the TOS). You also may be
subject to additional terms and conditions that may apply
when you use affiliate or other WadsworthOhio services, third-party
content or third-party software. The TOS and the relationship
between you and WadsworthOhio shall be governed by the laws
of the State of Illinois without regard to its conflict of
law provisions. You and WadsworthOhio agree to submit to the
personal and exclusive jurisdiction of the courts located
within the county of Ocean, New Jersey. The failure of WadsworthOhio
to exercise or enforce any right or provision of the TOS shall
not constitute a waiver of such right or provision. If any
provision of the TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of
the TOS remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Service
or the TOS must be filed within one (1) year after such claim
or cause of action arose or be forever barred. The section
titles in the TOS are for convenience only and have no legal
or contractual effect.