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Jan. 2004
WVweb.com
Terms of Service
General
This WVweb.com web service (the "Service") is owned and
operated by WVweb and contains material which is derived in
whole or in part from WVweb and other sources. The Service
and its contents are protected by international copyright, trademark and
other intellectual property laws. You may not modify, copy, reproduce,
republish, upload, post, transmit or distribute in any way any material
from the Service, including code and software. You may download material
from the Service for your personal, non-commercial use only, provided
you keep intact all copyright and other proprietary notices.
You may establish a hypertext link to this Service so long as the link
does not state or imply any sponsorship of your site by WVweb.com.
However, you may not, without the prior written permission of WVweb.com,
frame any of the content of the Service, or incorporate into another website
or other service any intellectual property of WVweb.com, its parent
or affiliate companies or its licensors.
As part of our Service, WVweb.com agrees to provide
you with information and other computer services subject to these Terms
of Service. You agree to use our service in accordance with these Terms.
Because the Web is an evolving medium, we may need to change these Terms
of Service from time to time, in which case we will post the revised Terms
of Service on the website. By continuing to use WVweb.com after
we post any such changes, you accept the Terms of Service, as modified.
License to WVweb.com
When you post a message, upload a file, or otherwise provide
us with material for display on the website, you are granting WVweb.com
a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license
to:
1. Use, copy, sublicense, adapt, transmit, publicly perform or display
any such communication.
2. Sublicense to third parties the unrestricted right to exercise any
of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary
rights in such communication, including but not limited to rights under
copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Privacy
Unless the user informs us otherwise, WVweb.com reserves the right
to use and to disclose to third party vendors user information (e.g.,
user name and e-mail address) for purposes such as providing users with
information about products and services. If the user does not wish to
be included in such uses, the user must send an e-mail or a letter requesting
to be taken off any lists of information that may be used for these purposes
or given or sold to third party vendors.
In addition, please keep in mind that whenever you voluntarily disclose
personal information online, for example on message boards, through email,
or in chat areas, that information can be collected and used by others.
We use "cookies" in a limited way to help deliver advertisements
and to identify unique browsers that visit us and to track usage throughout
our site. Some of our business affiliates and advertisers use "cookies,"
which can be used to tell when your computer has contacted a Web site.
Because we do not control the privacy policies of our business affiliates,
advertisers or any other sites to which we may provide hyperlinks, you
should check the privacy policy of the site you are visiting if you have
any concerns about that site's use of cookies.
Children's Privacy Statement for WVweb.com
This children's privacy statement explains our practices with respect
to the online collection and use of personal information from children
under the age of thirteen, and provides important information on your
rights under federal law with respect to such information.
We do NOT knowingly collect personally identifiable information
from children under the age of thirteen. We screen users who wish to provide
personal information in order to prevent users under the age of thirteen
from providing such information. If we become aware that we have inadvertently
received personally-identifiable information from a user under the age
of thirteen, we will delete such information from our records. If we change
our practices in the future, we will obtain prior, verifiable parental
consent before collecting any personally identifiable information from
children under the age of thirteen.
Because we do not collect any personally identifiable information
from children under the age of thirteen, we also do NOT knowingly distribute
such information to third parties.
We do NOT knowingly allow children under the age of thirteen to
publicly post or otherwise distribute personally identifiable contact
information.
We do NOT condition a child's participation in online activities
on providing more personally identifiable information than is needed to
participate in the activity.
Questions on Privacy
If you have any questions about the children's privacy
statement, the practices of WVweb.com, or your dealings with WVweb.com,
you can contact:
The
West Virginia Web
www.WVweb.com
519
Juliana Street
Parkersburg WV 26101
1(304) 485-5122
Contact: Art Smith
asmith@wvweb.com
Disclaimers
This Service includes links and pointers to Internet sites, content and
services provided by third parties. Neither WVweb.com, its parent
or subsidiary companies nor their affiliates operate or control in any
respect any information, products or services that third parties may provide
on or through
WVweb.com or on a website linked to by WVweb.com.
The materials in this site and the third-party sites are provided "as
is" and without warranties of any kind either express or implied.
To the fullest extent permissible pursuant to applicable law, WVweb.com
disclaims all warranties, express or implied, including, but not limited
to, implied warranties of merchantability and fitness for a particular
purpose. WVweb.com does not warrant that this website or any of
its functions will be uninterrupted or error-free, that defects will be
corrected, or that this site, including bulletin boards, or the servers
that make it available, are free of viruses or other harmful components.
WVweb.com does not warrant or make any representations
regarding the use or the results of the use of the materials in this site
or in third-party sites in terms of their correctness, accuracy, timeliness,
reliability or otherwise. You (and not WVweb.com) assume the entire
cost of all necessary maintenance, repair or correction.
The Service is provided for informational purposes only, and is not intended
for trading or investing purposes, or for commercial use. Stock and mutual
fund quotes, and related financial news stories may be delayed at least
20 minutes, as may be required by the stock exchanges and/or the financial
information services. The Service should not be used in any high risk
activities where damage or injury to persons, property, environment, finances
or business may result if an error occurs. You expressly assume all risk
for such use.
Online Commerce
In addition, WVweb.com may allow you to purchase many different
types of products and services online that are provided by third parties.
WVweb.com is not responsible for the quality, accuracy, timeliness,
reliability or any other aspect of these products and services. If you
make a purchase from a merchant hosted by WVweb.com or linked to
by WVweb.com, the information obtained during your visit to that
merchant's online store, and the information that you give, such as your
credit card number and contact information, is collected by the merchant
and not by WVweb.com. These merchants may have separate privacy
and data collection practices. WVweb.com has no responsibility
or liability for these independent policies. For more information regarding
the merchant, its online store, and its privacy policies, return to that
store's home page and click on its information links or contact the merchant
website directly. You release WVweb.com and its affiliates from
any damages that you incur, and agree not to assert any claims against
them, arising from your purchase or use of any products or services made
available by third parties through WVweb.com.
Use of Company Directories
The information contained in the Company Directories is provided for business
lookup purposes and is not to be used for marketing or telemarketing applications.
This information may not be copied or redistributed and is provided "AS
IS" without warranty of any kind. In no event will WVweb.com
or its suppliers be liable in any way with regard to such Information.
Interactive Features
The Service may include a variety of features, such as bulletin boards,
chat rooms, and email services which allow feedback to WVweb.com
and real-time interaction between users. WVweb.com does not control
the messages, information or files delivered to bulletin boards. It is
a condition of your use of the Service that you do not:
Restrict or inhibit any other user from using and enjoying the Service.
Post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane or indecent information of any
kind, including without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise to civil liability
or otherwise violate any local, state, national or international law.
Post or transmit any information, software or other material which
violates or infringes upon the rights of others, including material which
is an invasion of privacy or publicity rights or which is protected by
copyright, trademark or other proprietary right, or derivative works with
respect thereto, without first obtaining permission from the owner or
right holder.
Post or transmit any information, software or other material which
contains a virus or other harmful component.
Post, transmit or in any way exploit any information, software or
other material for commercial purposes, or which contains advertising.
You understand that WVweb.com has no obligation to monitor any
bulletin boards, chat rooms, or other areas of the Service through which
users can supply information or material. However, WVweb.com reserves
the right at all times to disclose any information as necessary to satisfy
any law, regulation or governmental request, or to refuse to post or to
remove any information or materials, in whole or in part, that in WVweb.com's
sole discretion are objectionable or in violation of these Terms of Service.
Registration
To use certain features of the Service, you must register with WVweb.com
on the form provided. You agree (a) to provide true, accurate, current
and complete information about yourself as prompted by the Service's registration
form, and (b) to maintain and promptly update the information you provide
to keep it true, accurate, current and complete. If WVweb.com has
reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or
any portion thereof). Our use of any personally identifying information
you provide to us as part of the registration process is governed by the
terms of our Privacy Policy.
Passwords
To use certain features of the Service, you may need a username and password,
which you will receive through the Service's registration process. You
are responsible for maintaining the confidentiality of the password and
account, and are responsible for all activities that occur under your
password or account. You agree to notify us immediately of any unauthorized
use of your password or account or any other breach of security, and to
ensure that you exit from your account at the end of each session. WVweb.com
cannot and will not be liable for any loss or damage arising from your
failure to protect your password or account information.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence,
shall WVweb.com, its subsidiary and parent companies or affiliates
be liable for any direct, indirect, incidental, special or consequential
damages that result from the use of, or the inability to use, WVweb.com
materials, products or services, or third party materials, products or
services made available through WVweb.com. You specifically acknowledge
and agree that WVweb.com is not liable for any defamatory, offensive
or illegal conduct of any user. If you are dissatisfied with any WVweb.com
materials, products or services or with any of WVweb.com's terms
and conditions, your sole and exclusive remedy is to discontinue using
WVweb.com.
Termination
WVweb.com may cancel or terminate your right to use the Service
or any part of the Service at any time without notice. In the event of
termination, you are no longer authorized to access the part of the Service
affected by such cancellation or termination. The restrictions imposed
on you with respect to material downloaded from the Service, and the disclaimers
and limitations of liabilities set forth in these Terms of Service, shall
survive.
Other
This agreement constitutes the entire agreement between WVweb.com and
you with respect to the subject matter contained in this agreement and
supersedes all previous and contemporaneous agreements, proposals and
communications, written oral. You also may be subject to additional terms
and conditions that may apply when you use the products or services of
a third party that are provided through the Service. In the event of any
conflict between any such third party terms and conditions and these Terms
of Service, these Terms of Service shall govern. This agreement shall
be governed by and construed in accordance with the laws of the State
of West Virginia without giving effect to any principles or conflicts
of law. If any provision of this agreement shall be unlawful, void or
for any reason unenforceable, then that provision shall be deemed severable
from this agreement and shall not affect the validity and enforceability
of any remaining provisions.
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