WebPerception: Terms & Acceptable Use Policy

Welcome! When using WebPerception’s services, you agree to the terms and conditions listed on this page (our "Terms of Service"), which may be updated by us from time to time.

WebPerception utilizes search technology's that automatically produces search results that reference sites and information located worldwide throughout the Internet. Because we have no control over such sites and information, we make no guarantee for the content of any sites or the information found there, including the accuracy, currency, or quality of any such sites and information, and we assume no responsibility as to whether the search locates unintended or objectionable content. Furthermore, because some content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people, the results of your search on our sites may automatically and unintentionally generate links or references to objectionable material. We make no claim that such surprises might not occur.

You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

Users alone are responsible for the contents of the messages they communicate when using our services and as well as the consequences of any such messages. You agree that you will not use our services for chain letters, junk mail, spamming, or commercial solicitations. You further agree not to use our services to send any message or material that is unlawful, gives rise to civil liability or otherwise violates the standards described and maintained on our sites.

All chat and bulletin board communications are public and not private communications. Although we reserve the right to remove without notice any bulletin board posting for any reason, we have no obligation to delete content that you may find objectionable or offensive.

We may modify or discontinue our services or your account with us, with or without notice, without liability to you, any other user or any third party. We reserve the right to terminate your account if we learn that you have provided us with false or misleading registration information, interfered with other users or the administration of WebPerception’s services, or violated these Terms of Service.

You understand and agree that WebPerception’s services are provided "AS-IS". WebPerception assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or settings. You understand and expressly agree that use of WebPerception’s services are at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of WebPerception’s services is 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 such material and/or data.

Except as expressly set forth on our sites, WebPerception disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement and it makes no warranty or representation regarding the results that may be obtained from the use of WebPerception’s services, regarding the accuracy or reliability of any information obtained through WebPerception’s services, regarding any goods or services purchased or obtained through WebPerception’s services, regarding any transactions entered into through WebPerception’s services or that WebPerception’s services will meet any user’s requirements, be uninterrupted, timely, secure or error free.

WebPerception will not be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use of or the inability to use WebPerception’s services, resulting from any goods or services purchased or obtained or messages received or transactions entered into through WebPerception’s services, resulting from loss of, unauthorized access to or alteration of a user's transmissions or data or for the cost of procurement of substitute goods and services, including but not limited to damages for loss of profits, use, data or other intangibles, even if WebPerception had been advised of the possibility of such damages. You agree to indemnify, defend and hold harmless WebPerception, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our services, your violation of the Terms of Service or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Service will inure to the benefit of WebPerception’s successors, assigns and licensees. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

We require 30 Days written notice prior to cancellation of your service.

Please note the following:

Under United States Code, Title 18, Crimes and Criminal Procedure: (e) No Cause of Action Against a Provider Disclosing Information Under This Chapter. - No cause of action shall lie in any court against any provider of wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order, warrant, subpoena, or certification under this chapter. (f) Requirement To Preserve Evidence. - (1) In general. - A provider of wire or electronic communication services or a remote computing service, upon the request of a governmental entity, shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a court order or other process.

(2) Period of retention. - Records referred to in paragraph (1) shall be retained for a period of 90 days, which shall be extended for an additional 90-day period upon a renewed request by the governmental entity.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by WebPerception.

Acceptable Use Policy

As a provider of Internet access, web site hosting, and other Internet-related services, WebPerception offers its customers (also known as members), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. WebPerception respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, WebPerception reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, WebPerception has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing WebPerception's services.

This AUP will be revised from time to time. A customer's use of WebPerception's services after changes to the AUP are posted on WebPerception's web site, www.webperception.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.One important aspect of the Internet is that no one party owns or controls it.

This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When members obtain information through the Internet, they must keep in mind that WebPerception cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that members may acquire.

For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because WebPerception cannot monitor or censor the Internet, and will not attempt to do so, WebPerception cannot accept any responsibility for injury to its members that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When members disseminate information through the Internet, they also must keep in mind that WebPerception does not review, edit, censor, or take responsibility for any information its members may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over WebPerception's network and may reach a large number of people, including both members and nonmembers of WebPerception, members' postings to the Internet may affect other members and may harm WebPerception's goodwill, business reputation, and operations.

For these reasons, members violate WebPerception policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward WebPerception, but also because it can overload WebPerception's network and disrupt service to WebPerception members. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, WebPerception has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. WebPerception is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also WebPerception's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using WebPerception's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. WebPerception is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through WebPerception's network.
Defamatory or Abusive Language -- Using WebPerception's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet Groups -- WebPerception reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities -- Engaging in activities, whether lawful or unlawful, that WebPerception determines to be harmful to its members, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. WebPerception will not, as an ordinary practice, monitor the communications of its members to ensure that they comply with WebPerception policy or applicable law. When WebPerception becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

WebPerception also is aware that many of its members are, themselves, providers of Internet services, and that information reaching WebPerception's facilities from those members may have originated from a customer of the subscriber or from another third-party. WebPerception does not require its members who offer Internet services to monitor or censor transmissions or web sites created by customers of its members. WebPerception has the right to directly take action against a customer of a subscriber. Also, WebPerception may take action against the WebPerception subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, WebPerception anticipates that members who offer Internet services will cooperate with WebPerception in any corrective or preventive action that WebPerception deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of WebPerception policy.

WebPerception also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, WebPerception urges its members to assume that all of their on-line communications are insecure. WebPerception cannot take any responsibility for the security of information transmitted over WebPerception's facilities.

WebPerception will not intentionally monitor private electronic mail messages sent or received by its members unless required to do so by law, governmental authority, or when public safety is at stake. WebPerception may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, WebPerception may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. WebPerception assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice.

WebPerception may disclose subscriber information or information transmitted over its network where necessary to protect WebPerception and others from harm, or where such disclosure is necessary to the proper operation of the system. WebPerception expects that its members who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate WebPerception policy.

Finally, WebPerception wishes to emphasize that in signing the service agreement, members indemnify WebPerception for any violation of the service agreement, law, or WebPerception policy, that results in loss to WebPerception or the bringing of any claim against WebPerception by any third-party. This means that if WebPerception is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against WebPerception, plus costs and reasonable attorneys' fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including WebPerception and its members, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@webperception.com.

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