Terms & Conditions of Website Use

Effective: November 19, 2003

Violations, queries and information regarding our Terms & Conditions of Service should be addressed to abuse[at]web-o-mat.net (replace the [at] with @).

This Terms & Conditions of Service (TCOS) Agreement is made between Web-o-Mat.net (Company) and the Customer as stated in this document.Your use of this Website constitutes your agreement to comply with the terms of this agreement.

For all purposes of this Agreement, the following definitions shall apply:

Company shall mean Web-o-Mat.net, a divison of b.peters.inc, and/or b.peters.inc;

Website shall mean the Web-o-Mat.net site;

Customer(s), Member(s), User(s) shall mean all customers of the Company and/or users of the Website and related Services;

Service(s) shall mean any and all service(s) provided by the Company; including but not limted to Hosting Plans, Domain Registration, Web Site Design Templates or Custom Design Services, Script Installation, Management Consulting, Forums, Communities and any other current or new services that the Company shall provide now or in the future;

Membership shall mean any Web Hosting Service or participation in a Forum or Community provided by the Company.

Agreement between Website User and the Company

1. ACCEPTANCE OF TERMS
This website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions and notices.

2. PERSONAL AND NON-COMMERCIAL USE LIMITATION
This website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from this website.

3. DESCRIPTION OF SERVICE
This Company provides users with access to a rich collection of online resources and information including forums, a knowledgebase and help desk resource, amongst other things (the "Services"). Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Company resources, shall be subject to this Terms of Service. In order to use the Service you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

4. PRIVACY
Pursuant to the Company's Privacy Policy, we may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce this Terms of Service, or under any of the other circumstances set forth in the Company's Privacy Policy, as may be amended from time to time.

5. TERMINATION AND RESTRICTION OF ACCESS
You agree that the Company, at its sole discretion, may terminate your password, Membership and/or use of the Services; to remove and discard any contents within the Services, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. The Company may also, at its sole discretion and at any time, discontinue providing the Service or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Services may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your Membership and all related information and files in your Membership and/or bar any further access to such files or the Service(s). Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Service. The Company reserves the right to deny any user access to this Website or any portion thereof without notice and at its sole discretion.

6. ADVERTISEMENTS AND PROMOTIONS
The Company reserves the right to run advertisements and promotions on its Website. By accessing the Website, you agree that the Company has the right to run such advertisements and promotions. The manner, mode and extent of advertising by the Company is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or service(s), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser(s). You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

7. MEMBER & USER CONDUCT
As a condition of your use of this Website, you warrant to the Company that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

This Website contains forums, and/or other message or communication facilities (collectively, "Communities"); you agree to use the Communities only to send and receive messages and material that are proper and related to the particular Forum or Community. By way of example, and not as a limitation, you agree that when using a Community, you will not:

(a) Violate any state, federal, foreign or international laws or regulations;

(b) Post, distribute, display, upload or otherwise electronically transmit via the Service any statements or materials that are discriminatory, whether based on gender, race, age or designed to promote hate;

(c) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other members;

(d) Post unnecessary threads, known as "spamming", to gain increase in total number of posts;

(e) Compare and give untruthful remarks about other website(s), services and/or forums;

(f) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

(g) Impersonate any person or entity, including, but not limited to, a Company official, forum moderator, administrator, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(h) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary written consents;

(i) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or the flow of information on the Internet or World Wide Web in general or specific fact;

(j) Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(k) Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(l) Advertise or offer to sell any goods or services for any commercial purpose;

(m) Conduct or forward surveys, contests, pyramid schemes or chain letters;

(n) Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner;

(o) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

(p) Restrict or inhibit any other user from using and enjoying the Communities;

(q) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" websites;

(r) "Stalk", "Flame" or otherwise harass another member;

(s) Collect or store personal data about other users, without limiting to email and/or mailing address.

8. LIABILITY AND INDEMNIFICATION
You agree to defend, indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your contents, your use of the Service, your connection to the Service, your violation of the Terms & Conditions of Service, or your violation of any rights of another individual or entity.

9. CENSORSHIP AND CONTENT
The Company has no obligation to monitor the Forums or Communities offered as a part of this Service. However, the Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at the Company's sole discretion. Please refer to the Companys Privacy Policy for more information on this topic.

The Company does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.

The Company does not control or endorse the content, messages or information found in any Forums or Communities, moderated or otherwise,and therefore, the Company specifically disclaims any liability with regard to the Forums and/or Communities and any actions resulting from your participation in such. Forum moderators and administrators are not guaranteed to be authorized Company spokespersons, and their views do not necessarily reflect those of the Company.

10. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME. THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY 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 THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

11. SERVICE CONTACT
Contact abuse[at]web-o-mat.net with questions, concerns or problems with this Website and/or the Terms & Conditions of Service. (Replace [at] with @.)

12. MODIFICATION OF THESE TERMS AND CONDITIONS
The Company reserves the right to change the terms, conditions, and notices under which the Website or Service is offered. No prior notice may be given.

13. WRITTEN NOTICES
Any written notices or communications required by these Terms shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party or representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal carrier with a return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile transmission; (5) three calendar days after date of email transmission to Customer, Member or User of the Service, whether or not receipt is confirmed or email is returned as undeliverable due to an incorrect or non-existant email address supplied by the Customer, Member or User.

If to the Company:
Web-o-Mat.net, a division of b.peters.inc
1929 - 135th Ave NW
Minneapolis, MN 55304 USA

If to Customer, Member or User:
Name and address, or email address, provided to the Company, as applicable

14. GENERAL INFORMATION
This Terms Of Services (TOS) constitute the entire agreement between you and the Company and govern your use of the Website, superceding any prior agreements between you and the Company. Notwithstanding, You also may be subject to additional terms, conditions and/or policies, such as a Spam Policy or Acceptable Use Policy, that may apply when you use affiliate or other Company services, third-party content or third-party software. The Agreement and the relationship between you and the Company shall be governed by any local, state and federal laws of the United States of America without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Minnesota. The failure of the Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.