All Sites Hosted by WWW-Designs & Associates are bound by the TOS below:

Last update: Friday, December 08, 2006

The agreement below is posted to set the standards, restrictions, and consequences of use/abuse of the WWW-Designs & Associates service. Please return here often to view any changes. The most recent changes will be in red.

WWW-Designs & Associates reserves the right to change, update and append this agreement as necessary without notice.

WWW-Designs & Associates , P.O. Box 494466, Rohnert Park California, 94928 ("WWW-Designs") agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User's compliance with the terms and conditions below. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.

Warranty Disclaimer

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.

WWW-Designs exercises no control whatsoever over the content of the information passing through WWW-Designs system. Use of any information obtained via BUCKEYE WEB is at User's risk. Neither WWW-Designs nor any of its affiliates, its licensors, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does BUCKEYE WEB make any warranty as to the results from use of the Service.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY BUCKEYE WEB , ITS AFFILIATES, ITS LICENSORS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER BUCKEYE WEB NOR ITS AFFILIATES, ITS LICENSORS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL BUCKEYE WEB , ITS AFFILIATES, ITS LICENSORS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT BUCKEYE WEB IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, BUCKEYE WEB'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of WWW-Designs in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.

Indemnification

Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold WWW-Designs , its affiliates, its licensors, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation incurred or suffered by WWW-Designs , its licensors, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify WWW-Designs in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and WWW-Designs shall confer as to and agree on the legal counsel's) to be selected in any such defense.

Age Limit

User represents to WWW-Designs that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Sexually Explicit Materials

User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. WWW-Designs has no control over and accepts no responsibility whatsoever for such materials.

Prohibited Uses

User may not:

restrict or inhibit any other user from using and enjoying the Internet; attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots and other methods of avoiding timing disconnection; post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable 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, including without limitation the U.S. export control laws and regulations; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component; post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto; send unsolicited advertising or promotional materials to other network users (SPAM and UCE); *See Appendix A allow users to run Maillist, Listserv or any form of auto-responds from User's account; run or activate processes while User is not logged in; violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity; such as denial of service attacks and ping floods; violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.

WWW-Designs has no obligation to monitor the Service. However, User agrees that WWW-Designs has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. WWW-Designs will not intentionally monitor or disclose any private E-mail message unless required by law. WWW-Designs reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. WWW-Designs reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of WWW-Designs following payment of a reconnection charge, to be determined by WWW-Designs in its sole and absolute discretion. "Like all services, WWW-Designs reserves the right to refuse [custom domain] service if we think that its intended usage may be illegal or harmful to WWW-Designs or the rest of the net."

Terms of Payment

User shall be responsible for any and all fixed and accumulative charges for User's account. The first month service fee (or other available billing period selected) is due upon account setup. Each month (or other billing period selected) on the date of the application, User's account shall be charged the monthly access and any other fees for the new month plus any accumulated charges for prior months. Failure to use this accounts) does not relieve User of payment obligations.

A credit card User agrees to allow WWW-Designs to bill his or her card on each successive billing date without obtaining User's permission after the initial charge. A credit card User shall notify WWW-Designs of any changes in credit card number or expiration date. If the card is not honored for any reason, WWW-Designs will temporarily disable User's login until new card data is supplied.

If payment is by check, payment due dates are indicated on User's invoice. Dishonored checks are subject to a collection fee to be determined by WWW-Designs in its sole and absolute discretion and User's account may be suspended until the account is current. If payment is not received on due date, WWW-Designs will temporarily disable User's login until payment is satisfied.

WWW-Designs maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event WWW-Designs utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of WWW-Designs attorneys' fees and costs in the collection of these sums.

Right to Cancel

WWW-Designs reserves the right to cancel Service for any reason without prior notice. In case of cancellation, unused fees may or may not be returned to User on a pro-rata basis. Pro-rated refunds are calculated using USERS current monthly service rate and pro-rating occurs on a monthly basis only.

User must notify WWW-Designs via telephone or in writing to cancel Service. Cancellations submitted to WWW-Designs via e-mail will not be honored. Fees for any setup and the first month's Service are not refundable.

No Confidentiality

Information transmitted through WWW-Designs and through the Internet in general is not confidential. WWW-Designs can not and shall not guarantee privacy or protection of any User. WWW-Designs reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of WWW-Designs .

Customer Information

Unless required by court order, subpoena or other legal request, or upon the advice of counsel, and unless User notifies WWW-Designs to the contrary by calling 440-953-1900, WWW-Designs may publish User's name and other consumer information in one or more directories which may be accessed by other Internet users. In addition, unless User notifies WWW-Designs to the contrary as provided above, WWW-Designs may make such information available to third parties from time to time. User understands further that merchants on the Internet may have access to such information and may make it available to third parties in accordance with their normal practices unless User notifies those merchants directly that User does not wish such information to be made available. WWW-Designs will not under any circumstances sell or distribute our email lists for any purpose.

Multiple Connections

The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning use of User's account to others for any reason is explicitly prohibited, User will be liable for any abuse or wrong doing perpetrated through said User's account. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Users paying for a single account are entitled to use ONE MODEM ONLY during any single dial in session. Users wishing to increase bandwidth through the use of multiple modems must pay for an additional dialup account for each possible concurrent modem connection. This applies to both analog and ISDN connections. WWW-Designs will exercise whatever means necessary to prevent and or discourage unauthorized multiple logins. WWW-Designs reserves the right to bill any User for  unauthorized use of service and or to terminate User's account without refund, notice or explanation.  

**** Violation of these terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

Purchases on the Service

If User wishes to make purchases through the Service, User may be asked by the merchant or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider through the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases through the Service.

No System Backup

WWW-Designs does not and will not perform system backups on any User's E-mail accounts). WWW-Designs shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, WWW-Designs will not provide historical data, to any party for any reason, regarding any system or Internet activity.

WWW-Designs does not and will not perform system backups on any User's web site accounts). WWW-Designs shall not be held responsible for any lost web data, web files, or any web site contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, WWW-Designs will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Use of Network Connection

User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 20 minutes). User authorizes WWW-Designs to enforce this restriction by appropriate software and network measures, automated and manual.

No User shall maintain an open connection to WWW-Designs for any purpose other than to actively use the Service. "Active use" is considered to be: checking your email and responding, browsing the web, playing games, reading news groups, downloading files, editing a web site or any other active hands on application or function of the Internet.
User is considered to be in violation of this agreement if: the connection is left open for the sole purpose of collecting email, monitoring news groups, monitoring remote networks, receiving faxes or any other automated function or application that does not require User intervention. This includes auto-redial of a dropped connection.

WWW-Designs reserves the right to monitor a suspected violating User's connection for throughput to determine if said User is in violation of this agreement. If said User is found to be in violation of this agreement, User will be warned of the violation and will be offered a dedicated dial-up connection for the standard price of $100 per month. If User is found again, to be in violation of this agreement, User's account will be immediately terminated with NO REFUND of previously paid fees.

Failure to Comply With Terms and Conditions

WWW-Designs may deny User access to all or part of the Service without notice if User engages in any conduct or activities that WWW-Designs in its sole discretion believes violates any of the terms and conditions in this Agreement. If WWW-Designs denies User access to the Service because of such a violation, User shall have no right (1) to access through WWW-Designs any materials stored on the Internet, (2) to obtain any credits) otherwise due to User, and such credits) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through WWW-Designs and WWW-Designs shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Miscellaneous

User agrees to notify WWW-Designs if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to WWW-Designs .

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

WWW-Designs failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

WWW-Designs may modify this Agreement from time to time by placing a notice of such modification at http://www.WWW-Designs.com/tos.htm, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

WWW-Designs shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of WWW-Designs .

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming WWW-Designs as the defendant, shall be proper only in a venue determined by WWW-Designs.

In any action between WWW-Designs and User to enforce any of the terms of this Agreement, WWW-Designs shall be entitled to recover expenses, including reasonable attorney's fees.

Appendix A:

Any User of WWW-Designs services can contact WWW-Designs at any time if they receive any material they deem to be offensive or excessive. WWW-Designs will attempt to stop such material through WWW-Designs service by any means deemed necessary. Not limited to litigation of any offenders. Any unsolicited messages (e-mail) sent to or through WWW-Designs servers will be charged at a rate of $2.00 per message. WWW-Designs will initiate all billing and receipt for said charges. All charges collected for abuse of service will be paid to WWW-Designs with no obligation to User. Any user found to be utilizing Buckeye Internet's dial up or dedicated service for the transmission of SPAM or UCE will be immediately terminated as a client without refund or compensation of any sort. Client will be charged $350.00 in addition to the $2.00 per message stated above, to cover WWW-Designs employee's lost time. SPAMMING as defined by WWW-Designs is the sending of unsolicited or promotional email in a global manner, this includes any list of addresses purchased or acquired from any source whether credible or not. Direct marketing or bulk email is considered to be a fancy word for SPAM or Unsolicited Commercial Email (UCE).