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
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
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
2. Some services allow payment by check. For rate plans that include a
paper billing option (or, upon request and for an extra fee), we will send an invoice or statement 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, services, or rate plans, require that a
valid credit card be kept on file for automatic credit card billing, 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 "email@example.com".
Never give credit card information via email. All past due accounts are subject to
suspension of service without notice. Accounts 7 days past due are subject to
disconnection of service without notice. A $25.00 reactivation charge may be required to reactivate or reopen the
account. Some services may require installation fees in order to reinstall service. 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. Some services may require 30 days notice of cancellation. Any refunds due will be processed within 8 to 10 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 immediately, 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.
6. Additional fees or charges may apply for the following: Any paper mailing we send to you via USPS (or other carrier), including but not limited to,
bills, invoices, statements, late notices, turn-off notices, cancellation notices, equipment return notices, collections warning notices, or other paper correspondence.
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
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
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
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.
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
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
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.
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