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The following are the terms and conditions for use of the LWINET services including but not limited to the use of the LWINET web sites (www.lovingworks.com, www.LWINET.com), web hosted Intranet/Extranet services under the trademark LWINET, and other services which may be offered from time to time by LWINET (each service or feature is individually and collectively referred to as the "Service"). The use of the Service constitutes acceptance of this Terms of Service ("TOS") agreement and its updates. 1. General LWINET agrees to provide unique URL addresses to organizations registered with LWINET ("Customer") where informational databases may be stored and accessed using a qualified device by the Customer. Any Customer may authorize specific individuals ("Users") to access or store information in databases stored by LWINET. Qualified devices include web browser enabled PCs or Macs with an Internet connection. User authentication is ordinarily required before obtaining access to the URL, however, a Customer may choose to allow public access ("Guests") into specified areas. Most services require User authentication. LWINET provides the Customer with all software, licenses, security features, and back-end support necessary to use the Service, but does not supply qualified devices to Customers, Users or Guests. Nor does LWINET offer ISP or domain name registration Services. The Customer is responsible and liable for any activity by any person who uses the account (including, but not limited to, Users and Guests) and for the content contained in the Intranet site, including but not limited to links, images, and documents. 2. Registration To use the Service, a Customer must register with LWINET. The individual registering with LWINET warrants that they are at least 18 years of age and that they have authority to register on behalf of the Customer. Registration may be completed by mail, fax, telephone, or on the Internet at www.LWINET.com. Registration is complete once Loving Works Corporation has received a signed copy of the TOS, or by checking the "I Accept" box during on-line registration at www.LWINET.com. Customers must have a mailing address within the United States or its territories to register. Users are issued a User name and Password. Passwords are generated using a high-level encryption system. These passwords are not accessible to LWINET and Users who forget their passwords must contact their site administrator to have a new password issued. By establishing or using an account for the Services, you ("you" and "your" are individually and collectively referring to a Customer, User, and Guest) agree to use the Services in a manner consistent with all applicable local, state and federal laws and in accordance with the TOS. BY SIGNING A HARDCOPY OF THESE TERMS OF SERVICE, OR CHECKING THE "I ACCEPT" BOX ON-LINE, AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE. If you do not wish to be bound by the TOS, you may discontinue using the Service and immediately terminate your account as set forth below. 3. Administration The individual who registers a Customer becomes a User and the site administrator of that Customer's site by default. The site administrator is responsible for managing site content of the Customer, keeping the Customer's physical and billing addresses updated, and keeping a list of Users updated. Administrative rights may be later shared by, or transferred to, another User. 4. Privacy All information provided to LWINET will be used to assist in the development of the Customer's Intranet and for billing purposes. Please refer to our privacy statement for further information. 5. Price and Payment The Customer agrees to pay all charges to the Customer's account in U.S. dollars, including applicable taxes, in accordance with the billing terms in effect at the time the fee or charge becomes payable. The current rates for Services offered by LWINET are: Rate Schedule: October 2002
LWINET reserves the right to change the amount of, or basis for determining, any fees or charges for the Service, and to institute new fees or changes effective upon prior notice to the Customer's site administrator, or upon posting at www.LWINET.com. For your convenience, LWINET Services may be charged to a VISA, MasterCard, or American Express credit card. If this is your preferred method of payment, LWINET will automatically charge the credit card on the last business day prior to the month of Service. Customers may also pay by check. Customers who pay by check are billed approximately 15 days prior to the due date. A Customer may be charged a fee up to $25 for each dishonored check or credit card transaction. 6. Past Due Accounts Past due accounts are subject to a 0.5%/day finance charge or $1.00/day late charge calculated from the due date, whichever is greater. Customer accounts past due after 15 days may be suspended without notice. A Customer account past due after 90 days may be terminated without further notice. All of a Customer's stored information will be purged after the termination of an account. 7. Termination of Service LWINET may terminate Service (and any related information, communications, or postings) to a Customer or User at any time, without notice, for conduct that violates local, state or federal laws or regulations, or the TOS agreement (including but not limited to the payment of fees and other charges). Customers wishing to cancel the Service must notify Member Services at Help@LWINET.com. If the cancellation is received by LWINET in writing or via Email before the 10th day of their Service month, the Customer will receive a 50 % refund of the current month's premiums. Cancellations received after this will not take effect until the first day of the next Service month. 8. Non-Transferability of Membership LWINET grants to its Customers and Users a personal, non-exclusive, non-assignable, and non-transferable license to use and display the Service software (Software) on any machine(s) or device(s) that supports the Software. Unauthorized copying, duplication, modification, merging of the Software or related written materials in any manner, is expressly and strictly forbidden. Users or Customers may not sublicense, transfer, sell or assign this license and any attempt to sublicense, transfer, sell or assign the license is void. 9. General and Special Applications All site templates, design codes, or processing codes developed by LWINET is the sole property of LWINET, including any templates or codes developed at the request of a specific Customer. 10. "SPAM" Policy LWINET does not condone or allow "SPAM" (unsolicited advertisements, chain letters, junk Email, or any other form of unsolicited messages sent by email). You may not use an LWINET mailbox as a contact point for "SPAM" mail sent on this or any other system. You may not use "SPAM" to advertise a site hosted by LWINET. We request that Users not use the "Tell a Friend" and "Invite a User" features to send Email communications to a perspective Customer or User unless they have a reasonable basis to believe that the recipient will have an interest in the Service. 11. Links The links included within this Service may let a Customer, User or other person to leave the Service web sites ("Linked Sites"). LWINET has no control over such sites and resources. LWINET is not responsible for the contents of any Linked Site or any link contained within a Linked Site, or any changes or updates to such sites. These links are provided only as a convenience, and the inclusion of any link does not imply endorsement by, or association with, Loving Works Corporation, its subsidiaries or its affiliates (individually and collectively referred to as "Loving Works"). 12. Disclaimers THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LOVING WORKS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS 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 OF INTELLECTUAL PROPERTY RIGHTS. IN ADDITION, LOVING WORKS EXPRESSLY DISCLAIMS ANY WARRANTY AS TO THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH LOVING WORKS OR ITS AFFILIATES AND EXPRESSLY DISCLAIMS ANY WARRANTIES THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) YOUR USE OF THE LOVING WORKS WEB SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (4) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. 13. Limitation of liability IN NO EVENT SHALL LOVING WORKS, ITS AGENTS, REPRESENTATIVES, EMPLOYEES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF OPPORTUNITY, USE, DATA OR PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED MATERIALS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILTY OR OTHERWISE. If you are dissatisfied with any portion of the Service, or with any of the terms contained in the TOS agreement, your sole and exclusive remedy is to discontinue using the Service and immediately terminate your account as set forth herein. 14. Indemnification You agree to indemnify and hold Loving Works, its officers, agents, employees, and co-branders or other partners harmless from any claim, demand, or damage, including reasonable attorneys' fees, made by any third party due to or arising out of your use of or conduct on any Service. 15. Modifications to the Terms of Service Loving Works reserves the right to change the TOS or policies regarding the use of the Service at any time by posting an updated version at www.LWINET.com. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes. Changes in our privacy policy are not covered by this section. Any change in our privacy policy must be changed in accordance with our privacy statement. 16. Governing Law and Severable Agreement This agreement is governed by the laws of the State of Maryland, and the United States of America, without regard to conflict of law rules of any jurisdiction. Each User, Customer, and Guest agrees to personal jurisdiction of the state and federal courts of the State of Maryland. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Loving Works as a result of this agreement or use of the Service. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 17. Merger Clause This TOS constitutes the entire agreement between you and Loving Works with respect to the subject matter contained in the TOS, and supersedes any other agreement, proposals, communications, whether written or oral, between you and Loving Works. 18. Notices Temporary loss of Service may occur during regularly scheduled backup procedures, which usually occur each morning around 3:30 am Eastern Time. Other maintenance procedures may also result in the temporary loss of Service at any time. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. |
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