Welcome to Widomaker

A. INTRODUCTION

1. This agreement is by and between Widomaker, duly authorized and existing under the laws of the Commonwealth of Virginia with its main office at, 11860 Fishing Point Drive, Newport News, VA 23606, and you, the customer, for the provision by Widomaker or its subcontractors of certain electronic communications services.

2. All new and current users are required to read the following paragraphs. If you are unwilling to abide by the terms of this agreement, then you must stop using this service (and notify us to cancel your account). By using this system, you are showing your acknowledgment that you have read and agreed to the terms and conditions described in this bulletin. This is a private system of Widomaker. You are only allowed access to this service if you understand and agree to the conditions of access which are listed below.

3. In addition to these terms, additional terms apply for Widomaker's aDSL, and iDSL/sDSL/T1 services. These additional terms can be found at the following links:


B. ACCESS AND SERVICES

1. Access - We will give you full access to all public file and message areas on our system. Currently, these include:

a. Publicly accessible message areas. Widomaker participates in a worldwide network of thousands of sites participating in the distribution of publicly accessible, widely disseminated information.

b. Electronic mail. Electronic Mail may be exchanged with users on the Internet and other networks accessible through the Internet.

c. Internet access. Many sites on the global Internet make their resources available to the general public. Widomaker provides a means for you to access such systems. You may also access private internetworked systems providing you have been granted explicit permission to do so by that system's administrators.

d. Local disk storage. Widomaker will provide a personal storage area of 5.0 megabytes (5 million characters).

2. We may change or discontinue certain access or services on our system at any time. We will try to let you know about such changes at least two weeks in advance via http://home.widomaker.com.


C. PRICE AND PAYMENT

1. We will charge you a monthly fee for using our system. The amount may vary depending on type of access and length of payment cycle. If you choose to subscribe to our "light/limited" use (dialup access) plan , you are authorized to use our system for up to 10 hours of connect time. For additional use, you will be required to pay additional charges of $0.50 per hour. You may also choose to subscribe to our "unlimited usage" or "flat rate" (dialup access) plan. There are no per hour connect fees associated with the flat rate plan . The flat rate plan is intended for home and small business users only, and is not to be used to remain connected for an excessive period of time. If you need 24 hour a day dedicated access, please inquire as to our dedicated rates.

The prices shown above are current as of the time of printing but may not reflect applicable setup fees, discounts, or promotions. Call our sales office at (757) 253-7621 for current rates.

2. Some services, you may pay by check. We will send an invoice via U. S. Mail before the next service period begins. Payment is due within 15 days after we send your paper invoice. At your option, you may choose to pay by credit card in lieu of invoicing. We accept Visa, MasterCard, American Express, and Discover/Novus. Credit card transactions will be handled discreetly and securely; your number will be kept on file and your account automatically charged each billing period until you instruct us to do otherwise. Some accounts and services require that a valid credit card be kept on file which may be used for any amounts owed. Your credit card statement shall serve as your receipt. In the event of billing errors, please contact our accounting department immediately at (757) 253-7621, or via email to "acctbilling@widomaker.com". Never give credit card information via email. Accounts 15 days past due are subject to suspension of service without notice. A $25.00 reactivation charge may be required to reopen the account. Past due accounts may accrue a monthly charge based on the past due balance.

3. We can change the prices, fees, and terms of payment at any time, except that our existing customers will receive one month notice of any changes. All changes will be announced in the login bulletins, via electronic mail, or our web page. Customers are responsible for checking their electronic mail and website bulletins periodically to keep up with such announcements; If a customer would like to make changes to his/her account based on prices or fees, they will need to contact our office.Widomaker disclaims responsibility for any consequence of any changes that we make that have been duly announced via electronic mail, login bulletins, or via our web page.

4. You must notify us of any cancellations, otherwise your account will continue and you will be responsible for the cost of maintaining your account. Any refunds due will be processed within 6 to 8 weeks. There are no refunds for monthly accounts. Subscribers must pay a thirty-five dollar ($35.00) service charge on all returned checks, disputed credit cards, and credit card charge-backs.

5. If you have a credit card on file and/or your rate plan requires one, it must be up-to-date at all times. If the card expires and the up-to-date credit card information is not provided to us ASAP, your account may be suspended until up-to-date credit card information is provided. Also if the credit card is declined three times in the same 30 day billing period, the account may be suspended. Call our office to provide credit card information. Never send credit card information via e-mail.


D. SYSTEM RULES

1. Do not use our system for anything that you know or suspect to be illegal.

2. If you do not know whether or not a particular action is legal, please discuss it with us before you proceed. If we tell you we do not want you to pursue your plans on our system, please respect our decision. Noncompliance may result in suspension or termination of your account. In the event that you use your account with us to commit any illegal act, you expressly agree to indemnify and hold harmless Widomaker for any actions or liability that might arise out of such act.

3. Respect the security of our system and the security of any system you may access via our system. Do not attempt to gain access to areas private to Widomaker or other users. Attempts to violate the security of this or any other system will result in immediate and permanent loss of access to our system. Accounts terminated for this reason are not eligible for reinstatement.

4. Many different networks around the world may be accessed via this system. Many of these networks have in place their own acceptable use policies. You are required to abide by these policies where applicable. Repeated violations could result in account termination. Accounts terminated for this reason are not eligible for reinstatement.

5. Do not conduct acts which may be deemed by others as malicious or hostile. Attempts at creating an annoying or hostile environment for other users anywhere on Widomaker's systems, or networks to which they are connected, will not be tolerated. This includes sending unwelcome, unsolicited, or harrasing communications to other users. Violation may result in the suspension or termination of your account.

6. Widomaker, has an expressly stated policy prohibiting the use of our systems to transmit Unsolicited Commercial Email (UCE), also commonly referred to as "junk email" or "spam email". We also prohibit the use of our systems to send inappropriate or irrelevant postings to Usenet newsgroups. Violation of this policy may result in sanctions being imposed against you, ranging from warning to account termination. Accounts terminated for this reason are not eligible for reinstatement.

7. Individual rate plans described above are to be used by only ONE USER at a time in a given household or small business, interactively. Multiple connections simultaneously into Widomaker's modem pools are not allowed. Multiple telnet or SSH connections into WCS servers are allowed, however, all such sessions must remain interactive. This specifically prohibits the pratice of running programs in the "background". Violation of this policy may result in sanctions being imposed against you, ranging from warning to account termination. Accounts terminated for this reason are not eligible for reinstatement.

8. The running of 'bots' on any Widomaker server is strictly prohibitted. Violation of this policy may result in sanctions being imposed against you, ranging from warning to account termination. Accounts terminated for this reason are not eligible for reinstatement.


E. PRIVACY

1. We, as system operators, may need to look at your electronic mail and/or your personal file area's contents if we believe it is necessary to protect ourselves or other users from injury or damage, or in the routine performance of our necessary duties to keep our systems functioning properly for all users. We will not, however, monitor electronic mail unless we believe it is being misused.

2. We will not deliberately disclose your private electronic mail or personal files to other users. If we believe certain electronic mail or files are connected with illegal activities, we may disclose them to the appropriate authorities to protect our system, ourselves, and other users.

3. Remember that the person to whom you send electronic mail does not need to keep it private. The sender or receiver of electronic mail has the right to make it public. Therefore you should never send communications via electronic mail that are of a highly sensitive or confidential nature.

4. Also remember that sending network mail to users on systems other than those operated by Widomaker utilizes systems subject to other organizations' policies, over which Widomaker has no control. Internet mail should never be considered private in any way, or in any form.

5. In the unlikely event that the authorities ever search or seize our system, they may gain access to your private files and electronic mail. In that case, we cannot assure they will not review it. Remember that you have personal rights to privacy that even the government cannot legally violate, though you may have to go to court to enforce those rights.


F. OWNERSHIP OF MATERIALS

1. You shall retain all rights to all original messages you write and all original files you transfer to our system. Likewise, you must respect the ownership rights of others in their own messages and files. You may not post or upload any files unless you own them, or have full authority to transmit them to this system. Note that this provision EXPRESSLY prohibits the use of our system to obtain, store, transmit, or disseminate files or software in violation of the copyright or license terms for such files or software. We reserve the right to terminate the account of any user who uses their account in connection with software piracy or any other violation of intellectual property rights of others. We further reserve the right, at our sole discretion, to report such acts to the appropriate authorities.

2. Widomaker, may, at its discretion, furnish you with copies of necessary software to use our service. Please be aware that such software may be either "freeware" or "shareware"; in the latter case, you are expected to send payment directly to the author of the program if you continue to use the program. Widomaker provides such software EXPRESSLY AS A CONVENIENCE to our customers, but does not endorse or accept responsibility for the content or operation of any such program. It is the customer's responsibility to fulfil the terms of the license which accompanies any software product obtained from our systems or elsewhere on the Internet.


G. LIMITATION OF LIABILITY AND INDEMNITY

1. All users shall accept responsibility for their own acts, and shall accept that acts by another user, either on this system or on a connected network, that damages them must not be blamed on Widomaker, but on the other user.

2. You agree that Widomaker and its operators will not be held responsible to you for any indirect, consequential, special, or punitive damages or losses you may incur in connection with our system or any of the data or other materials transmitted through, accessed via, or residing on our system even if we have been advised of the possibility of such damage or loss.

3. You also agree that Widomaker and its operators will not be held responsible for any indirect, consequential, special, or punitive damages or losses you may incur due to your ability or inability to transfer information via this system.

4. You agree that network outages can, and do, occur and that Widomaker and its operators will not be held responsible for any loss due to such outages, regardless of reason or fault.

5. In addition, you agree to defend and indemnify us and hold us harmless from and against any claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys fees) relating to any acts by you or materials or information transmitted or received by you in connection with our system, leading wholly or partially to claims against us or our system by other users or third parties.

6. Remember that the Internet may contain materials which are offensive, sexually explicit or adult-oriented in nature. Please remember that the Internet is a global network, and that laws governing its content vary widely from place to place. For that reason, we strongly recommend that if you will be allowing minors to access your account, that it be done with adult supervision or with the use of monitoring software. Widomaker can not be held responsible for content provided by entities other than our own company.


H. CHOICE OF LAW

1. Our system can be reached by users from all fifty states, and around the world. Each of these places has a different set of laws. Since we cannot keep track of all laws and their requirements, you agree that the law of our own state, Virginia USA, will apply to all matters relating to this Agreement and to our online service. In addition, you agree and consent that if you ever take legal action against us, the courts of our own state, Virginia USA, will have exclusive jurisdiction over any such legal actions.

2. In the event that any part of this agreement is ever nullified or modified by any action of law, all other provisions of this agreement shall remain in full force and effect.


I. GENERAL

This agreement is the entire understanding between you and Widomaker regarding your relationship to our online service, and supersedes any other agreement or understanding whether written or oral. If either you or we fail to notify the other of any violations of this agreement, this will not mean that you or we cannot notify the other of future violations of any part of this agreement, nor will it affect the future enforceability in court of any other provision of this agreement.

THIS IS A LEGAL CONTRACT BETWEEN WIDOMAKER, AND YOU, OUR CUSTOMER. BY SUBSCRIBING TO OUR SERVICE, OR CONTINUING TO USE THIS SERVICE, YOU INDICATE YOUR EXPRESS AGREEMENT TO THESE TERMS AND CONDITIONS. YOU FURTHERMORE UNDERSTAND THAT WE MAY MODIFY, AMEND, OR ADD TO THIS AGREEMENT AT ANY TIME. IF YOU CONTINUE TO USE THE SERVICE AFTER SUCH MODIFICATIONS HAVE BEEN MADE AND ANNOUNCED, WE WILL CONSIDER THAT AS LEGAL EVIDENCE THAT YOU ACCEPT THE MODIFIED TERMS. BY SUBMITTING AN ACCOUNT APPLICATION TO WIDOMAKER, YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU WILL USE THIS SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.


This page last modified Friday, 22-Feb-2013 17:39:37 EST
Dial-up | Leased Lines T1/T3 | Fiber | Wireless | Cable | DSL | Hosting | Email | Ethernet

© 2013, Widomaker, an I-Solutions Group, Inc. Company [Terms of Service]