Terms of Service
The Server Company, doing business as YourWebApps.com, requires that users of its systems be subject to the following terms and conditions of use. By using YourWebApps.com, or by using Web site functionality provided by YourWebApps.com (the "Services"), you agree to the following terms and conditions:
- Customers of YourWebApps.com and visitors to Customers' Web sites using functionality provided by YourWebApps.com (Visitors) acknowledge that they have an obligation not to use or allow the use of the Services for infringing, illegal or improper purposes or in an infringing, illegal or improper manner. This includes, without limitation:
- transmitting threatening, abusive, profane, libelous, slanderous, obscene, pornographic or harassing materials;
- unauthorized copying or transmission of copyrighted, trademarked, or other proprietary material;
- forwarding or posting "chain letters" (multiple forwarding) of any type;
- propagating computer worms or viruses;
- forging e-mail or discussion group posting header information;
- sending, or causing a third party to send, large numbers of unsolicited e-mail messages (i.e. "junk mail" or "spam"), regardless of whether or not messages sent conform with the requirements of state or federal laws governing transmission of unsolicited e-mail messages;
- adding or attempting to add addresses to any mailing or distribution list without explicit positive consent of the addressee;
- attempting to collect personal information from a minor (defined as an individual less than 18 years of age);
- attempting to collect credit card numbers or social security numbers from visitors to the Customer's Web site;
- attempting to collect any personal information from visitors to the Customer's Web site for purposes that are not disclosed to the visitor at the time the information is collected;
- engaging in harassment, sexual in nature or otherwise, whether through language, frequency or size of messages;
- engaging in any activity that violates the terms and conditions of use established by YourWebApps.com's Service Provider.
- engaging in any other purpose or activity that violates any applicable law or regulation, either foreign or domestic, or facilitates the violation of any applicable law or regulation; and
- engaging in any other purpose or activity that YourWebApps.com believes could subject it to criminal liability or civil penalty or judgment.
- Customers and Visitors acknowledge and agree not to engage in actions that could adversely affect the operation of YourWebApps.com or its Service Provider, or YourWebApps.com's ability to provide the Services to its other Customers. These actions include:
- attempting to circumvent user authentication or security of YourWebApps.com, its Service Provider, any Customer, or the Internet at large ("cracking");
- posting inappropriate messages to Customer discussion groups that do not abide by the charter(s), if any, of the discussion groups in which they appear;
- attempting to cancel, supersede, or otherwise interfere with Services being provided to other Customers;
- attempting to access, copy, change or erase information or date placed on YourWebApps.com or its Service Provider's servers by other Customers or Visitors; and
- using an account at another provider to disrupt service for YourWebApps.com or its Service Provider's Customers or users of the Internet at large;
- posting advertisements on YourWebApps.com without the consent of the owners;
- interfering with advertisements placed by YourWebApps.com;
- If Customer is an individual, he or she represents and warrants that he or she is of legal age. In the event Customer is a minor (defined as a person of less than 18 years of age), Customer may not use the Services until YourWebApps.com has received a copy of a consent form duly signed by the Customer's parent or legal guardian.
- For purposes of identification, billing and marketing, Customers agree to provide YourWebApps.com with accurate, complete, and updated information as requested by YourWebApps.com on signing up to use the Services (Registration Data), including legal name, address, e-mail address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). Customers agree to notify YourWebApps.com within ten (10) days of any changes in the Registration Data. YourWebApps.com may suspend or terminate provision of Services to a Customer without notice for failure to comply with this provision. Any requirement, under these Terms of Service or applicable law, that YourWebApps.com provide a notice to a Customer is conditioned upon the Customer complying with this provision.
- Customers and Visitors acknowledge and agree that neither YourWebApps.com nor its Service Provider are responsible for the content of the transmissions by Customers or Visitors that may pass through YourWebApps.com and its Service Provider's servers or equipment (Network.)
- Customers acknowledge that they are responsible for the security of their password(s) and all use of the Services obtained by them, with or without the consent or knowledge of the Customer.
- Access to the Network cannot be guaranteed to any Customer. Customers may be unable to access the Network at any time, and disconnections from the Network may occur from time to time.
- Material accessible to Customers and Visitors through using the Services may be the subject of intellectual property rights, including, without limitation, patents, copyrights, trademarks and trade secrets. Except as expressly permitted by the owner of such rights, Customers and Visitors may not reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any such material.
- Customers and Visitors understand that certain information that may be accessible through Web sites using Services provided by YourWebApps.com may be considered inappropriate for minors. Customers and Visitors acknowledge that YourWebApps.com exercises no control whatsoever over the content of the information passing through or stored on its systems.
- YourWebApps.com does not monitor or review and is not responsible for the content of any Web site, or element of a Web site, using or incorporating as an element the Services.
- YourWebApps.com does not monitor or review and is not responsible for any posting or submission made to any Web site, discussion group, mailing list, automated form, guestbook, calendar or other application using the Services.
- The Services include mechanisms that provide transmission, routing, provision of connections, or storage carried out through an automatic technical process without selection of the material by YourWebApps.com, and without permanent storage of the material transmitted. With respect to these mechanisms, YourWebApps.com does not select the recipients of the material except as an automatic response to the request of another person, YourWebApps.com does not maintain on the Network a copy of the material in the course of such intermediate or transient storage in a manner ordinarily accessible to anyone other than anticipated recipients, YourWebApps.com does not maintain on the Network any copy in a manner ordinarily accessible to the anticipated recipients for a longer period than is reasonably necessary for the transmission, routing, or provision of connections; and the material is transmitted through the Network without modification of its content.
- Although YourWebApps.com can not actively monitor content and data transmitted through, or posted on, its Network by Customers and Visitors, it accommodates and does not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works.
- YourWebApps.com has designated the following individual as its agent to receive notifications of claimed infringement under the United States Copyright Act, or violations of other laws or regulations, both foreign and domestic, by its Customers or Visitors:
7734 Nature Trl
Lakeland, FL 33809
- In the event YourWebApps.com learns or becomes aware that a Customer or Visitor may have violated these Terms of Service by causing or allowing data, content, or materials to be present on the Network, YourWebApps.com may remove, delete, or disable access to such data, content, or materials from the Network without providing advance notice to the Customer or Visitor.
- In the event YourWebApps.com's Service Provider notifies YourWebApps.com that it is in violation of its contract with the Service Provider because of data, content, or materials posted, placed or uploaded onto the Network by a Customer or Visitor, YourWebApps.com may remove, delete, or disable access to such data, content, or materials from the Network without providing advance notice to the Customer or Visitor.
- In the event YourWebApps.com learns or becomes aware that a Customer or Visitor may have violated these Terms of Service, or if YourWebApps.com's Service Provider notifies it that an action of a Customer or Visitor has caused YourWebApps.com to violate its contract with the Service Provider, YourWebApps.com may suspend or terminate access to its Network by the Customer or Visitor without providing advance notice to the Customer or Visitor. YourWebApps.com's policy is to investigate allegations of infringing, illegal, or improper conduct violating these Terms of Service, and suspending or terminating access to the Network by any Customer that:
- violates these Terms of Service in a manner that could subject YourWebApps.com to criminal or civil penalty;
- repeatedly violates these Terms of Service; or
- attracts a Visitor or Visitors that repeatedly violate these Terms of Service.
- Customers and Visitors acknowledge that YourWebApps.com shall not be liable to any person for any claim based on YourWebApps.com's good faith disabling of access to, or removal of, material or activity that a third-party claims is infringing, illegal or improper, or based on facts or circumstances from which YourWebApps.com believes the material or activity is infringing, illegal or improper, regardless of whether the material or activity is ultimately determined to be infringing, illegal or improper. Customers and Visitors agree that YourWebApps.com shall not be liable to them for any action it takes under these Terms of Service to remove or restrict access to data or material, or to terminate or suspend a Customer or Visitor's access to the Services.
- Customers and Visitors acknowledge that transmissions and postings made by means of the Services are not confidential and that such communications may be read or intercepted by others. Customers and Visitors acknowledge that by transmitting and posting materials by means of the Services, no confidential, fiduciary, contractually implied or other relationship is created between them and YourWebApps.com.
- YourWebApps.com reserves the right to reveal any data provided by a Customer or other information in its possession regarding users of the Services in cooperation with a request or investigation by any governmental body or governmental agency, or in response to a subpoena issued by any governmental body or governmental agency;
- YourWebApps.com reserves the right to examine any data provided by a Customer or Visitor in the course of responding to any claim by a third party that a Customer or Visitor is using the Services in connection with an infringing, illegal or improper activity or that the data infringes rights of the third party.
- YourWebApps.com reserves the right to disclose the identity of a Customer, or information allowing identification of a Customer, in response to request for identification in connection with claim of Copyright or Trademark infringement by the Customer.
- Content posted or uploaded by Customers may be stored on computers maintained by and in control of YourWebApps.com's Service Provider. Any expectation of privacy by a Customer is limited by and subject to the scope of the Service Provider's privacy policies.
- DISCLAIMER OF WARRANTY: THE SERVICE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YourWebApps.com MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, YourWebApps.com's NEGLIGENCE. YourWebApps.com, ITS EMPLOYEES AND AGENTS, DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE ON A SPECIFIED DATE OR TIME OR THAT THE NETWORK WILL HAVE THE CAPACITY TO MEET THE DEMAND OF CUSTOMERS DURING SPECIFIC HOURS. NEITHER YourWebApps.com NOR ITS SERVICE PROVIDER WILL BE LIABLE FOR ANY DAMAGE THAT CUSTOMER MAY SUFFER ARISING OUT OF USE, OR INABILITY TO USE, THE SERVICES PROVIDED HEREUNDER. NEITHER YourWebApps.com NOR ITS SERVICE PROVIDER WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO CUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF YourWebApps.com OR ITS SERVICE PROVIDER'S NEGLIGENCE.
- LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL YourWebApps.com OR ITS SERVICE PROVIDER BE LIABLE FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF YourWebApps.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME CUSTOMERS. IN NO EVENT SHALL YourWebApps.com's TOTAL LIABILITY TO A CUSTOMER OR VISITOR FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY THAT CUSTOMER OR VISITOR TO YourWebApps.com FOR THE SERVICES DURING THE YEAR PRIOR TO ACCRUAL OF THE DAMAGES, LOSSES, OR CAUSES OF ACTION. CUSTOMERS FURTHER AGREE THAT YourWebApps.com, ITS EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOST PROPERTY OR DATA OF THE CUSTOMER OR ANY CLAIM OR DEMAND AGAINST THE CUSTOMER BY ANY OTHER PARTY.
- Customers and Visitors agree to indemnify, defend and hold harmless YourWebApps.com and its employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the "Affiliates"), from and against any and all liability and costs incurred by the Affiliates in connection with any claim arising out of any breach by the Customer or Visitor of these Terms of Service, or incurred by the Affiliates in responding to a third-party claim that the Customer or Visitor has used the Services in an infringing, illegal or improper manner, including, without limitation, reasonable attorneys' fees and costs. You agree to cooperate as fully as reasonably required in the defense of any claim. YourWebApps.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of YourWebApps.com.
- YourWebApps.com has the right to modify these Terms of Service. Any modification is effective immediately upon either a posting on the YourWebApps.com Home Page (http://YourWebApps.com), or upon notice by electronic mail, or U.S. mail. A Customer or Visitor's continued use of the Services following notice of any modification to these Terms of Service shall be conclusively deemed an acceptance of all such modification(s). A Customer's only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of YourWebApps.com in providing the Services, including, without limitation, (i) any change in the content of the Services, or (ii) any change in the amount charged for the Services, is to cease using the Services.
- These Terms of Service constitute the sole and entire agreement between YourWebApps.com and Customers with respect to the Services and supersedes any other prior agreement. Failure by YourWebApps.com to enforce any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Interpretation and enforcement of these Terms of Service shall be governed by the laws of the Commonwealth of Massachusetts (excluding its choice of law rules). Customers and Visitors consent to personal jurisdiction in the federal and state courts of the Commonwealth of Massachusetts, for any action arising out of or relating to their use of the Services. The federal and state courts of the Commonwealth of Massachusetts shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of these Terms of Service is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.