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W3U/CLIENT CONTRACT - TERMS AND CONDITIONS

W3U Contract for Virtual Domains, Non-Virtual Domains, Server Space 
Rental, and Data Transfer, (version 3.2 last edited December 14th, 2007) 

The following agreement is by and between W3U: The World Wide Web Iz U!! 
of, 
P.O. Box 2120 
El Cajon, CA. 92021 
and Client. 

W3U (hereby called "The Presence Provider") is an on-line listing 
of personal and business World Wide Web pages.
W3U maintains The Presence Provider as a service to the Internet 
community. The use of The Presence Provider is subject to the following 
terms and conditions.

W3U may modify this agreement on an as needed 
basis by placing an update of this posting, and your
continued use of The Presence Provider following each updated posting 
shall be deemed to be your acceptance of any such modification. 
Furthermore, it is your responsibility to check the "Terms and Conditions" 
page of The Presence Provider regularly to determine whether this 
agreement has been modified. You are likewise required to keep abreast 
of updates to the information published on The Presence Provider's FAQ 
site and Accepted Uses and Content Policy. If you do not agree with 
the Terms and Conditions of The Presence Provider or any modifications 
to this Agreement, You must immediately stop using The Presence Provider.

SUBSCRIBER LICENSING AGREEMENT

BY USING THE WEBHOSTING OFFERED BY W3U, YOU ARE
CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT
AGREE TO ALL THE TERMS OF THIS AGREEMENT, DO NOT USE THE
INTERNET ACCESS OFFERED BY W3U INTERNET SERVICES.

THE SOFTWARE AND DOCUMENTATION ARE PROVIDED FOR USE
ONLY (I) WITH THE INTERNET ACCESS SERVICE INITIALLY OFFERED
BY W3U INTERNET SERVICES IN CONJUNCTION WITH THE
DISTRIBUTION OF THE SOFTWARE AND DOCUMENTATION AND (II) IN
ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. NO RIGHT OR
LICENSE IS GRANTED TO USE THE SOFTWARE OR DOCUMENTATION
WITH ANY OTHER INTERNET ACCESS.

GRANT. W3U INTERNET SERVICES (“W3U”) hereby grants you a
non-exclusive, non-transferable, limited license to access the 
Internet through W3U’s network and a non-exclusive license to 
use its accompanying software product (“Software”) and accompanying
documentation on the following terms:

You may: (i) use the Software only with the Internet service initially 
offered by W3U in conjunction with the distribution of the Software 
and Documentation (“W3U’s Internet Services”) with which it is bundled; 
(ii) use the Software on any single computer, (iii) use the Software 
on a second computer so long as the first and second computers are
not used simultaneously; or (iv) copy the Software for archival 
purposes, provided any copy must contain all the original Software’s 
proprietary notices.

You may not: (i) use the Software or Documentation in conjunction with any
Internet access or other network service, other than W3U’s Internet Services;
(ii) permit other individuals to use the Software except under the terms above;
(iii) modify, translate, reverse engineer, decompile, disassemble (except to
the extent applicable laws specifically prohibit such restriction), or create
derivative works based on the Software or Documentation; (iv) copy the
Software or Documentation (except for back-up purposes); (v) rent, lease,
transfer or otherwise transfer rights to the Software or Documentation; or (vi)
remove any proprietary notices or labels on the Software or Documentation.

TITLE. Title, ownership rights, and intellectual property rights in and to the
Software and Documentation shall remain with W3U and/or its suppliers. The
Software is protected by the copyright laws of the United States and
international copyright treaties. Title, ownership rights, and intellectual
property rights in and to the content accessed through the Software or
through W3U’s Internet Services is the property of the applicable content
owner and may be protected by applicable copyright or other law. This
License gives you no rights to such content.

You retain any rights you may have to data posted by you to the Internet.

NO ASSIGNMENT. The benefits or rights conferred by this agreement are
non-transferable and non-assignable. The connectivity provided is expressly
limited to you. Resale or use of this connection by other person or persons is
prohibited.

BILLING FOR ALL ACCOUNTS. W3U will accept credit card, check, and
cash payments for services. Accounts are billed in advance at the beginning
of each accounts physical month. Credit cards will be charged on or around 
the 1st day of each accounts renewal for any accounts that are to be paid 
by credit card. You will be notified on or around the 5 day after the 
billing if your credit card was declined for any reason. W3U will 
send a friendly reminder via email to all customers who have a balance 
due after 5 days. Payments are due on the date of renewal. All accounts 
with a balance after 10 days will be charged a $20 late fee. Accounts
will be suspended if balance remains after 30 days. Accounts will be 
reactivated when payment is made in full. Any accounts with a 45-day 
balance will be closed and sent to collections.

You agree to pay W3U all charges relating to use of your account(s)
according to rates and prices published online at the time of use. You are
responsible for charges from the application date until the account is closed
and W3U may apply the amount due to your credit card at any time. You are
solely responsible for informing W3U of all new customer contact and billing
information including new expiration dates on your listed credit card, no
remaining credit on the credit account, new credit card numbers, address
and phone number changes. W3U will however send an email reminder to
you if your credit card expires in an ensuing month. You are solely
responsible for notifying W3U if you would like to cancel your account.
Charges will continue to accrue until notice is given. You are responsible 
for payment through the end of the cancellation month. 

CHARGES. Charges for W3U’s Internet Services shall be as stated in the
Internet Service Application, or as otherwise agreed in writing by 
the parties, and shall be payable by you commencing no later than 
one business day after receipt of application by W3U.

ADDITIONAL CHARGES. W3U will charge $25 for all returned checks. A
service charge of $20.00 will be assessed on late payments. You are 
liable for any and all attorney fees, court costs, and collection 
agency fees or commissions if W3U has to resort to these methods in 
order to collect debts owed to W3U. You agree to pay W3U its reasonable 
expenses, including attorney fees, incurred in enforcing its rights 
under this Agreement.

LIMITED WARRANTY. W3U warrants that for a period of ninety (90) days
from the date of acquisition, the Software, if operated as directed, will
substantially achieve the functionality described in the Documentation. W3U
does not warrant, however, that your use of the Software will be uninterrupted
or that the operation of the Software will be error-free or secure and hereby
disclaims any and all liability on account thereof. In addition, the security
mechanism implemented by the Software has inherent limitations, and you
must determine that the Software sufficiently meets your requirements. W3U
also warrants that the media containing the Software, if provided by W3U, is
free from defects in material and workmanship and will so remain for ninety
(90) days from the date you acquired the Software. W3U’s sole liability for
any breach of this warranty shall be, in W3U’s sole discretion: (i) to replace
your defective media; or (ii) to advise you how to achieve substantially the
same functionality with the Software as described in the Documentation
through a procedure different from that set forth in the Documentation.
Repaired, corrected, or replaced Software and Documentation shall be
covered by this limited warranty for the period remaining under the warranty
that covered the original Software, or if longer, for thirty (30) days after the
date (a) of shipment to you of the repaired or replaced Software, or (b) W3U
advised you how to operate the Software so as to achieve the functionality
described in the Documentation. Only if you inform W3U of your problem
with the Software during the applicable warranty period and provide evidence
of the date you acquired the Software will W3U be obligated to honor this
warranty. W3U will use reasonable commercial efforts to repair, replace,
advise or refund pursuant to the foregoing warranty within 30 days of being so
notified.

This is a limited warranty and it is the only warranty or condition made by
W3U. W3U makes no other express warranty or condition and there is no
warranty or condition of non-infringement of third parties’ rights. The duration
of implied warranties or conditions, including without limitation, warranties or
conditions of merchantability and of fitness for a particular purpose, is limited
to the above warranty period; some states do not allow limitations on how
long an implied warranty lasts, so limitations may not apply to you. No
dealer, agent, or employee of W3U is authorized to make any modifications,
extensions, or additions to this warranty. No warranty is made by or on
behalf of any supplier of W3U. If any modifications are made to the Software
by you during the warranty period; if the media is subjected to accident,
abuse or improper use; or if you violate the terms of this Agreement, then
this warranty shall be immediately terminated. This warranty shall not apply if
the Software is used on or in conjunction with hardware or software other
than the unmodified version of hardware and Software with which the
Software was designed to be used as described in the Documentation.

This warranty gives you specific legal rights, and you may have other legal
rights which vary from state to state or by jurisdiction.

LIMITATION OF LIABILITY. W3U exercises no control whatsoever over the
content of the information accessed through W3U’s Internet Services.
W3U’s Internet Services are provided on an “as-is, as-available” basis,
without warranty of any kind, expressed or implied, including, but not limited
to, the warranties of performance, merchantability and fitness for a particular
purpose. W3U and/or contributors shall have no liability whatsoever to you
for any claim(s) relating in any way to (i) your inability or failure to perform
research or related work or to work properly or completely, or (ii) any lost
profits or consequential, exemplary, incidental, indirect or special damages
relating in whole or in part to your rights hereunder or use of, or inability to
use, W3U’s Internet Services. W3U will not be responsible for any damage
suffered by you, including, but not limited to, loss of data resulting from
delays, non-deliveries, mis-deliveries, or service interruptions caused by its
own negligence or your errors or omissions. Use of any information obtained
via W3U’s Internet Services is at your sole risk. W3U specifically disclaims
any responsibility for the accuracy or quality of information obtained through
W3U’s Internet Services.

Under no circumstances and under no legal theory, tort, contract, or
otherwise, shall W3U or its suppliers or resellers be liable to you or any
other person for any indirect, special, incidental, or consequential damages
of any character including, without limitation, damages for loss of goodwill,
work- stoppage, computer failure or malfunction, or any and all other
commercial damages or losses, or for any damages in excess of W3U’s list
price for a license to the Software and Documentation, even if W3U shall
have been informed of the possibility of such damages, or for any claim by
any other party. This limitation of liability shall not apply to liability for 
death or personal injury to the extent applicable law prohibits such limitation.
Furthermore, some states do not allow the exclusion or limitation of
incidental or consequential damages, so this limitation and exclusion may
not apply to you.

ALLOWABLE USE. W3U’s Internet Services may only be used for lawful
purposes. Transmission of any material in violation of any federal or state
statute or regulation is prohibited. This includes, but is not limited to,
copyrighted material, material legally judged to be threatening or obscene, or
material protected by trade secret. The posting of copyrighted software without 
proper authorization (commonly referred to as Warez) and/or the posting of software 
access codes (commonly referred to as Cracks) will be cause for account cancellation
with forfeiture of prepaid fees. You agree to indemnify and hold harmless W3U 
from any claims resulting from your use of W3U service.

All Unix shell accounts provided by W3U may only be used interactively
while dialed in. They may not be used to run processes unattended or while
not dialed in including, but not limited to, any IRC bot, cron job, or screen.

Commercial advertising is an accepted and welcome use of the Internet.
However, there are appropriate and inappropriate places for Internet
advertising. Unsolicited commercial advertisements are not allowed in email,
and will result in account suspension or cancellation and fines as stated in
Additional Charges.

Commercial advertisements are unwelcome in most Usenet discussion
groups and on most email mailing lists. Inappropriate posting may result in
account suspension or cancellation. See the newsgroup or mailing list's
charter for whether advertising is allowed or not. "Spamming," or sending a
message to many different off-topic newsgroups, is particularly unacceptable
and will be treated as such. Sending a message, especially an
advertisement, to more than five or six recipients, is by itself spamming
unless the individuals have specifically requested to be added to a mailing
list on that topic. Email is a person-to-person medium, not a broadcast
medium.

You agree to abide by W3U’s policies concerning use of W3U’s Internet
Services. Unsolicited advertisements via email, or via discussion groups
whose charter does not explicitly allow advertisements, is specifically not an
allowable use. W3U reserves the right to suspend access to service for your
account(s) upon an indication of disallowed use or credit problems including
delinquent payments or rejection of credit card charges. Residential and
Business dialup accounts are for individual use only. Simultaneous logins on
one account are not allowed. Any account with simultaneous logins may be
suspended and subject to a suspension fee as outlined in this Agreement. If
an account is suspended twice, it will be closed permanently.

RESPONSIBILITY FOR ACCOUNT USE. You are responsible for all use of
your account(s) and confidentiality of password(s). W3U will suspend or
change access upon notification that your password has been stolen, lost or
otherwise possibly compromised. W3U is not responsible for your personal
files residing online on W3U-owned and controlled computers. You shall be
responsible for independent backup of your data stored online. You shall be
responsible for all access to and use of W3U’s Internet Services by your
personnel or by means of your equipment, whether or not you have
knowledge of or authorize such access or use.

If subscriber is less than 18 years of age, the application must be signed and
these terms agreed to by a parent or legal guardian, who is responsible for all
charges related to the use of subscriber’s account(s).

UNAUTHORIZED USE OF ACCOUNT. W3U will strongly react to any use or
attempted use of an Internet account or computer without the owner's
authorization. Such attempts include "social engineering" (tricking other
people into releasing their passwords), password cracking, security hole
scanning, denial-of-service attacks (ping-flooding, sending packets with an
illegal packet size, UDP flooding, half-open TCP connection flooding, etc.)
and the like.

Harassment or abusive use of email and other Internet services is a rare but
serious misuse of Internet resources. W3U will handle incidents of
harassment on a case-by-case basis, consulting with all parties involved.

Any unauthorized use of accounts or computers by a W3U customer,
whether or not the attacked account or computer belongs to W3U, will result
in action against the attacker. Possible actions include warnings, account
suspension or cancellation, and legal action, according to the seriousness of
the attack.

LIMITATIONS ON RESOURCE USAGE. W3U reserves the right to impose
limits on the total amount of disk space and other resources available for
your use on W3U-operated computers. W3U reserves the right to remove files 
that exceed this limit. 

EMAIL PRIVACY. Electronic mail passes through multiple mail servers on
the Internet as it passes from source to destination. One can never be
guaranteed privacy from every possible mail server; therefore, someone
seeking total privacy should use some encryption scheme to render their
messages unreadable by eavesdroppers. With regards to W3U's mail
servers, W3U places a high value on privacy, and will only examine users'
mail when absolutely required, for example when troubleshooting email
delivery problems or being presented with a search warrant for the
information.

ILLEGAL MATERIAL. W3U bears certain legal liabilities for the use of its
computer network and equipment. As such W3U must require that its
customers do not use W3U's network for illegal purposes. When presented
with a search warrant, W3U is obligated to release any information named
therein, and will cooperate with the authorities in any criminal 
investigation of inappropriate Internet usage.

However, W3U recognizes that the legal status of the Internet has not yet
been resolved satisfactorily, either through legislation or court precedent.
Therefore W3U must make certain decisions regarding the illegality of
various specific actions. Among the actions W3U considers illegal and
therefore not allowed on its network are: unauthorized distribution of
copyrighted material; exploitation of minors; and unauthorized use of
computer resources. W3U believes that the First Amendment rights of free
speech, freedom of the press, and freedom of association apply to the
Internet to the same degree as they do to print media, and that any 
attempt to infringe upon those rights is void of legitimacy.

WEB SERVICE. W3U includes Web service hosts commercial web pages for a 
fee. In all cases, the Web pages reside on W3U’s computer equipment, 
giving W3U some ethical responsibility for the content of such pages. 
W3U will handle potentially inappropriate Web pages on a case-by-case 
basis. Examples of inappropriate information include downloadable virus 
code and obscenity.

Domain name service is an additional service if that is desired. You are
responsible to domain name registration authorities for any fees they may
charge.

W3U grants you a non-exclusive, nontransferable, limited license to store
documents on a W3U Internet World Wide Web server, and to use the server
at burst bandwidth speeds up to W3U’s full capacity.

The term "Bandwidth" is defined as: The total additive amount of data 
downloaded from sites on W3U's servers that comprise a single billing 
group. For billing purposes, this is generally considered to be monthly. 

To maintain the integrity of our service the following limitations apply
with regards to bandwidth and data transfer:

Sites with Banners, graphics or cgi scripts running from their domain 
used on other domains. Sites with picture galleries (This is any site 
where 50% of the files transferred are graphics). Sites offering 
download files or archives. (This is any site where 50% or more of their 
monthly traffic is from file downloads). Sites using more than 
30% of system resources 

For web hosting accounts, traffic will go unmonitored until you reach 
the data transfer limit for that account.

W3U will be the sole arbiter as to what constitutes a violation of this
provision. 

TERM AND TERMINATION. This Agreement shall become effective on the
date the service application is entered into W3U’s system (no later than the
end of one business day after receipt of application). W3U, at its sole
discretion, may terminate this Agreement immediately or suspend your
access to the service upon any breach of this Agreement by you.

You are responsible for notifying W3U of your wish to terminate your
account, if so desired. Charges will continue to accrue until your notification
to W3U of account termination, or until your account is suspended due to
late payment. After 30 days of nonpayment, W3U will close your account;
you will then be required to re-subscribe according to policies in effect at 
that time in order to continue service.

Termination Policy. If you terminate your receipt of the Services prior 
to the end of the Initial Term or the Renewal Term, whichever is 
then applicable, (a) W3U will not refund to you any fees paid 
in advance of such termination and (b) you shall be required to pay 
100% of W3U's standard monthly charge for each month remaining in the 
term, unless otherwise expressly provided in this Agreement. Notwithstanding 
the foregoing, if you terminate your receipt of Shared Hosting Services 
prior to the end of the first thirty (30) days of the Initial Term, you 
are entitled to a refund of the fees you paid in advance for the monthly 
Services, not including any set-up fees. Your termination request or 
notice must be submitted to W3U in the manner described in 
Section 1.1. W3U may terminate this Agreement at any time and 
for any reason by providing to you written notice thirty (30) 
days prior to the date of termination. If W3U terminates 
this Agreement, W3U will refund to you the pro rata portion of 
pre-paid fees attributable to Services (excluding set-up fees) not yet 
rendered as of the termination date unless otherwise expressly 
provided in this Agreement. 

Licenses granted hereunder will terminate automatically if you fail to comply
with the limitations described herein. On termination, you must destroy all
copies of the Software and Documentation.

EXPORT CONTROLS. None of the Software or underlying information or
technology may be downloaded or otherwise exported or reexported (i) into
(or to a national or resident of) Cuba, Iraq, Libya, North Korea, Yugoslavia,
Iran, Syria or any country to which the U.S. has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department’s list of Specially Designated
Nationals or the U.S. Commerce Department’s Table of Denial Orders. By
downloading or using the Software, you are agreeing to the foregoing and you
are representing and warranting that you are not located in, under the control
of, or a national or resident of any such country or on any such list.

In addition, if the licensed Software is identified as a not-for-export product
(for example, on the box, media or on the installation process), then the
following applies: except for export to Canada for use in Canada by Canadian
citizens, the Software and any underlying technology may not be exported
outside the United States or to any foreign entity or “foreign person” as
defined by U.S. Government regulations, including without limitation, anyone
who is not a citizen, national or lawful permanent resident of the United
States. By downloading or using the Software, you are agreeing to the
foregoing and you are warranting that you are not a “foreign person” or under
the control of a foreign person.

EFFECT OF AGREEMENT. This Agreement (which shall include the current
and future Schedules hereto) represents the complete agreement concerning
this license between the parties and supersedes all prior agreements and
representations between them. The acceptance of any purchase order placed
by you is expressly made conditional on your assent to the terms set forth
herein, and not those contained in your purchase order.

MODIFICATION OF TERMS AND CHARGES. W3U reserves the right to
change rates or otherwise modify provisions of this Agreement by notifying
you at least thirty (30) days before the effective date of the change, by written
or online notice. Your use of W3U’s Internet Services after such notice shall
constitute your acceptance of the modifications to this Agreement.

FORCE MAJEURE. W3U’s performance hereunder is subject to interruption
and delay due to causes beyond its reasonable control such as acts of God,
acts of any government, war or other hostility, civil disorder, the elements,
fire, explosion, power failure, equipment failure, industrial or labor disputes,
inability to obtain necessary supplies and the like.

SEVERABILITY. If any provision of this Agreement is held to be
unenforceable for any reason, such provision shall be reformed only to the
extent necessary to make it enforceable, and all other provisions are
unaffected.

NOTICES. Except as otherwise provided herein, all notices hereunder shall
be given in writing as follows:

W3U: The World Wide Web Iz U!
PO Box 504
Alpine, CA 91903 

GOVERNING LAW. This Agreement shall be governed by and construed
under the laws of the state of California and/or Florida, except as 
governed by Federal law. The application of the United Nations Convention
of Contracts for the International Sale of Goods is expressly included.

WAIVER. Failure of any party to enforce any provision of this Agreement
shall not constitute or be construed as a waiver of such provision or of the
right to enforce such provision.

U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure
of Software and Documentation by the Government is subject to restrictions
set forth in subparagraphs (a) through (d) of the Commercial
Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013, or at 252.211-7015, and in similar
clauses in the NASA FAR Supplement.

This Agreement shall be governed and construed in accordance with the 
laws of the United States and of the Internet. 

Thanks for doing business with W3U.

I ACCEPT -->  Return to Ordering

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