Introduction

The use of this Website (“Site”) is offered to you conditioned upon your accepting all of the following terms, conditions, and notices contained herein, which govern the use of the services offered on the Site, without any modification thereto (“Terms and Conditions” or “Agreement”). Please read this Agreement before accessing the Site. By accessing this Site, all users do hereby represent, warrant, understand, agree to and accept all Terms and Conditions contained herein. If you do not accept the Terms and Conditions stated herein, you will be unable to access this Site. This Agreement (including the General and Specific Terms set forth below) contains all of the Terms and Conditions between WebSpace Atlanta and everyone accessing this Site. For purposes of this Agreement, the individual accessing this site shall be referred to as a User. In the case of any violation of these terms and conditions, we reserve the right to seek all remedies available by law. These terms and conditions apply to all visits to this web site, both now and in the future. Reproduction of any material contained within this Site without written permission is strictly prohibited. Please read the terms of use regarding material presented on this site. Please also review our Privacy Policy. WebSpace Atlanta may change the Terms and Conditions contained herein at any time by updating this posting without notice. You are advised to visit our Site periodically to review the Terms and Conditions. By using this Site, you are accepting the Terms and Conditions stated below and are legally bound whether you register as a member or not.

Disclaimer

Your use of this site is at your own risk. WebSpace Atlanta makes no warranties or representations as to its accuracy and specifically disclaims any liability or responsibility for any errors or omissions in the content on this site. Neither WebSpace Atlanta or affiliated companies, nor any other party involved in creating, producing, or delivering this site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, this site. Without limiting the foregoing, all material on this site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

General Terms

You should assume that all material on this Site is protected by copyright laws unless otherwise noted and may not be used except as permitted in these Terms and Conditions or in the text on this site. Unless otherwise specified, all service names, slogans, custom graphics, icons and logos are registered trademarks, unregistered trademarks, trade names or service marks of WebSpace Atlanta. All third party trademarks, trade names or service marks are the property of their respective owners. The use of any WebSpace Atlanta service marks without our express written consent is strictly prohibited. Your access to this web site should not be construed as granting, by implication or otherwise, any license or right to use any service marks appearing on this site without the prior written consent of WebSpace Atlanta or the third party that may own the service mark.

Use of Material

WebSpace Atlanta authorizes you to view and download the material on this Site solely for your personal, noncommercial use. The contents of this Site, such as text, graphics, images, logos, button icons, software and other “Material” are the property of WebSpace Atlanta or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of WebSpace Atlanta. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyrights, trademarks, service marks and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt any of the code, including but not limited to, HTML and Javascript that WebSpace Atlanta creates to generate its pages.

Acceptable Site Use

General Rules: Users may not use the Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. WebSpace Atlanta will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

Member Service Agreement

Member Account, Security and Password for account access. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account.

You agree to notify WebSpace Atlanta upon your learning of any unauthorized use of your account or any other breach of security.

Member Privacy

It is WebSpace Atlanta’s policy to respect the privacy of its Users. WebSpace Atlanta will not monitor, edit, or disclose any personal information about any User nor will WebSpace Atlanta disclose any information about the use of the Service by any User without that User’s prior permission unless WebSpace Atlanta has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of WebSpace Atlanta (3) enforce these Terms and Conditions; or (4) act to protect the interests of its Users or others.

WebSpace Atlanta does provide certain demographic information about its Users, only in the aggregate form, to third parties, in particular, to certain advertisers. In addition, your Internet Protocol address is transmitted with each message sent from your account.

User agrees that WebSpace Atlanta, from time to time, must access your account, including its contents, in order to perform in accordance with the terms and conditions as stated in these Terms and Conditions or to respond to service or technical issues.

Member Conduct

As a condition of accessing the Site, User warrants to WebSpace Atlanta that it will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. Any unauthorized commercial use of the Site, or the resale of its services, is expressly prohibited.

You agree to abide by all applicable local, state, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Site. By way of example, and not as a limitation, you agree not to:

  1. Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
  2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other Users;
  3. Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
  4. Advertise or offer to sell or buy any goods or services for any non-personal purpose;
  5. Harvest or otherwise collect information about others, including email addresses, without their consent;
  6. Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
  7. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a User any directory of other User or Users or usage information or any portion thereof other than in the context of the use of this Site as permitted under these Terms and Conditions;
  8. Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
  9. Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents;
  10. Interfere with or disrupt networks connected to this Site or violate the regulations, policies or procedures of such networks;
  11. Attempt to gain unauthorized access to this Site, other accounts, computer systems or networks connected to this Site, through password mining or any other means.
  12. Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through this Site.
  13. Interfere with another User’s use of this Site or another User’s use of similar services. WebSpace Atlanta reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

It is not permitted to enter any confidential information such as contact information or any elements as outlined in any confidentiality agreement, in the open text fields of your account. Any violations of this rule may result in your account being deactivated.

Links to Third Party Sites

WebSpace Atlanta is not responsible for the content of any site linked to or from this site. Your linking to any other site is entirely at your own risk. While WebSpace Atlanta may provide links on this site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site. WebSpace Atlanta disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.

Disclaimer / Limitation of Liability

WebSpace Atlanta does not represent or warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. WebSpace Atlanta does not warrant or represent that the use or the results of the use of the Site or the materials made available as part of the Site will be correct, accurate, timely, or otherwise reliable.

You specifically agree that WebSpace Atlanta shall not be responsible for unauthorized access to or for the alteration of transmissions, data or any material sent or received or not sent or received, or any transactions entered into through the Site. You specifically agree that WebSpace Atlanta is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or for any infringement of another’s rights, including intellectual property rights. The User specifically agrees that WebSpace Atlanta is not responsible for any content sent using and/or included in the Site by any third party.

WebSpace Atlanta makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the Site for any purpose. The Site is provided “as is” without warranty of any kind. WebSpace Atlanta hereby disclaims all warranties and conditions with regard to the Site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall WebSpace Atlanta and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site or related web sites, with the delay or inability to use the Site or related web sites, with the provision of or failure to provide services or for any information, software, products, services and related graphics obtained through the Site, or with any other use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if WebSpace Atlanta or any of its suppliers has been advised of the possibility of damages because of some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site or service provided, or with any of these Terms and Conditions of use, your sole exclusive remedy is to discontinue using the Site.

Indemnification

You agree to indemnify and hold WebSpace Atlanta its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of the User’s use of or conduct on the Site.

Termination

WebSpace Atlanta may terminate your access to any part or the entire Site at any time, with or without cause or notice, effective immediately, for any reason whatsoever.
If you wish to terminate your account, your only recourse is to discontinue the use of the Site.
At such time as the use of the service is discontinued, WebSpace Atlanta shall have no obligation to maintain any of the content relative to your account, nor shall WebSpace Atlanta have any obligation to forward any unread or unsent messages to you or any third party.

No Spam / Damages

WebSpace Atlanta will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, you agree to pay WebSpace Atlanta for the actual damages to the extent such actual damages can be reasonably calculated.

Proprietary Rights to Content

User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to User by the Site, by WebSpace Atlanta or its advertisers or other content providers, is protected by proprietary rights and laws. User may make a copy of this content only for personal, non-commercial use, provided that User keeps all copyrights and other proprietary notices intact. User may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Site and its associated Web sites, including code and software.

Modifications to Terms and Conditions

WebSpace Atlanta reserves the right to change these Terms and Conditions or policies regarding the use of the Site at any time and to notify the User by posting an updated version of the Terms and Conditions on this Site. The Users are responsible for regularly reviewing the Terms and Conditions. Continued use of the Site after any such changes shall constitute their consent to such changes.

Notice of Property Rights

User acknowledges and agrees that WebSpace Atlanta (hereinafter sometimes referred to collectively as “Owners”) own all of the forms, documents and the contents of this Site (hereinafter “Documents”). You agree that no right, title or interest in or to any trademark, service mark, logo or trade name of the Owners is granted under these Terms and Conditions and that title to all such documents is retained by said Owners. You agree, stipulate and consent that all Documents are protected and are owned by the Owners and that you will not reproduce, modify or publish any or all of the Documents for any commercial purpose without the express written consent of said Owners.

Severability

If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between the User and WebSpace Atlanta with respect to the use of the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and WebSpace Atlanta with respect to the Site.

Binding

These Terms and Conditions shall be effective to bind User, its assigns, agents, representatives, successors, employees and any and all other persons acting on its behalf. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.