Sel-Mor Web Services Policies

Before you become a client of Sel-Mor Web Services, it is important that you read the following Client Policies and Responsibilities. As a client of Sel-Mor Web Services, you will be expected to follow and abide by the policies. By remitting payment to Sel-Mor Web Services, you are assuming full knowledge and understanding of these policies and are agreeing to abide by them as such.

Sel-Mor Web Services (SMWS) is a web presence provider subject to the terms and conditions of this Client Conditions of Service Agreement ("Agreement"). This Agreement and the attached Services Contract ("Contract") constitutes the entire agreement between you as an authorized user of Sel-Mor Web Services ("you" or "Member" or "Client"), and Sel-Mor Web Services. By using SMWS's services, you confirm your acceptance of, and agree to be bound by, this Agreement.

1. SMWS Usage.

1.1 You may send and receive electronic mail ("Email"), download and upload files and otherwise use SMWS as permitted by this Agreement, the attached Contract, SMWS's policies and applicable law. The SMWS server is monitored for illegal, fraudulent, and/or explicitly graphic sexual, or pornographic content posted or uploaded to the server for the intent purpose of disseminating or selling such information, services, or products from pages or FTP files located on the SMWS server. Files that you upload to the server are subject to review, modification and/or deletion by the web manager responsible for the area where your uploading or other activity taking place (or by an individual designated by the web manager for such purpose). SMWS reserves the right in its sole discretion to change SMWS's policies at any time.

1.2 You are responsible for your communications via the SMWS server. You may not, under any circumstances, do any of the following: (a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful material or information via the SMWS server; (b) use the SMWS server to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (c) intercept or attempt to intercept Email; (d) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; (e) upload files that contain a virus or corrupted data; (f) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to any directory on the SMWS server; (g) falsify the source or origin of software or other material contained in a file that you upload to the server; (h) use SMWS in a manner that adversely affects the availability of its resources to other Clients; (i) download a file that you know (or reasonably should know) cannot be legally distributed via SMWS (a file may have been uploaded notwithstanding such illegality); or (j) act, or fail to act, in your use of SMWS, in a manner that is contrary to applicable law or regulation. Your failure to observe any of the foregoing limitations may result in civil or criminal liability, as well as termination of your services without reimbursement or compensation.

1.3 You agree to (a) maintain all equipment required for your access to and use of SMWS; (b) maintain the security of your Client identification, FTP password, and other confidential information relating to your SMWS account; and (c) be responsible for all charges resulting from use of your SMWS account, including unauthorized use prior to your notifying SMWS of such use and taking steps to prevent its further occurrence by contacting SMWS and changing your password(s).

1.4 Either you or SMWS may terminate your SMWS membership at any time after the term of the current contract or within the terms of the current contract, with or without cause, upon notice. SMWS also reserves the right to terminate or suspend your SMWS membership without prior notice, reimbursement, or compensation, except for services paid for but not yet delivered, but SMWS will confirm the reason for such termination or suspension by subsequent notice.

2. Operation. SMWS reserves complete and sole discretion with respect to the operation of SMWS. SMWS may, among other things: (a) monitor the content of all uploaded documents, CGI scripts and programs, and applets, and authorize restrictions on access thereto; (b) delete Email if it has not been accessed by a Client within the time established by SMWS's policies; and (c) withdraw, suspend or discontinue any functionality or feature of SMWS. SMWS will not review or monitor the contents of Email except as required or allowed by applicable law or legal process.

3. Client Representations. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use SMWS in accordance with this Agreement. You agree to be financially responsible for your use of SMWS dial-up services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

4. Content. SMWS makes no explicit or implied guarantee of the nature of or legality of any information uploaded by any client or third party to any domain or directory on the SMWS server for display on the World Wide Web, for FTP dissemination, or other means including Email.

5. SMWS Independent Content Providers. Third parties that independently provide content and offer services on SMWS home pages are referred to herein as ICPs. Services provided by an ICP may be subject to additional charges, terms and conditions as it so determines. You agree to review any such additional charges, terms and conditions before using such services and that your use constitutes your acceptance thereof. You acknowledge that SMWS may provide billing and collection services for certain transactions, but that SMWS is not a party to any transaction involving you and an ICP. You also agree that Sel-Mor Web Services is not liable for any costs or damages arising out of any dispute between you and an ICP with respect to your use of its service(s) or purchase of its product(s). This Agreement is for the benefit of ICPs, as well as Sel-Mor Web Services, and they have the right to assert and enforce its provisions directly on their own behalf.

6. Ownership. While, Sel-Mor Web Services does not possess or claim ownership of individual uploaded files or the intellectual property contained therein, the web manager may check uploaded files for viruses, harmful applets, or CGI scripts and may remove an uploaded file (in his or her sole discretion) upon determining that the file is inappropriate. The web manager will notify you if a file that you have uploaded is removed. As between SMWS, ICPs and you, you retain at all times full legal responsibility for software and other material contained in files which you upload.

7. No Warranties and Limitation of Liability.

7.1 SEL-MOR WEB SERVICES MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING GOODS OR SERVICES PROVIDED BY ICPS. SEL-MOR WEB SERVICES DOES NOT WARRANT THAT ACCESS TO OR USE OF SMWS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT SMWS OR SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. SEL-MOR WEB SERVICES EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.

7.2 YOUR USE OF SMWS, SOFTWARE, AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING SOFTWARE) OBTAINED THROUGH SMWS. YOU AGREE THAT SEL-MOR WEB SERVICES AND PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES FOR SMWS WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE SMWS OR ANY SOFTWARE OR SERVICES, OR THE ACTIONS OR INACTIONS OF ICPS, SUBCONTRACTORS, OR THE GOODS OR SERVICES THEY PROVIDE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF SMWS OR SEL-MOR WEB SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SEL-MOR WEB SERVICES'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF SMWS, EXCLUSIVE OF PAYMENTS RELATING TO GOODS AND SERVICES PURCHASED FROM ICPS OR SUBCONTRACTED LABOR, PRODUCTS, OR SERVICES. YOU HEREBY RELEASE SEL-MOR WEB SERVICES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

8. Charges

8.1 You agree to pay all charges for your use of SMWS at the prices the in effect for your country of residence. All charges will be exclusive of value added ("VAT"), sales or other taxes. SMWS reserves the right to change prices or institute new charges for access to or use of SMWS at any time upon not less than thirty (30) days' notice to Clients not currently stipulated under a terms of existing contracts at the time of the change. All changes will be posted online, and you are responsible for reviewing pricing information posted on SMWS regularly to obtain timely notice of such changes. Continued use of SMWS or non-termination of your membership after changes are posted constitutes your acceptance of the prices as modified by the posted changes unless other arrangements have been contracted. Your SMWS account balance may include charges incurred for your purchase of goods and services offered by subcontractors for authorized goods or services as a result of your service contract or custom work provided by SMWS. The payment terms applicable to such charges are as stated herein unless you are otherwise notified by SMWS, the ICP, or subcontractor from which you purchased such goods or services

9. Statements and Payment.

9.1 SMWS will provide you with an Email statement of charges on your SMWS account approximately as and when such charges are incurred and/or paid. Unless you notify SMWS of any discrepancies or irregularities within seventy-five (75) days after they first appear in your account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. YOU RELEASE SMWS, ICPS, AND SUBCONTRACTORS FROM ALL LIABILITY AND CLAIM OF LOSS RESULTING FROM ANY ERROR OR DISCREPANCY THAT IS NOT REPORTED TO SMWS WITHIN SEVENTY-FIVE (75) DAYS OF ITS PUBLICATION DATE.

10. Indemnification. You agree to indemnify SMWS and Sel-Mor Web Services from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your SMWS account, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other Clients and infringement of intellectual property or other rights. SMWS will notify you promptly of any claim for which Sel-Mor Web Services seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to Sel-Mor Web Services's interests, as reasonably determined by Sel-Mor Web Services.

11. Notices; Consent. Notices given by SMWS to you will be given by Email, or by a general posting on the SMWS client services page, other appropriate page, or by conventional mail. In any matter requiring SMWS's prior consent, such consent will be considered given only if made by in the foregoing manner by an authorized representative of SMWS. Notices given by you to SMWS must be given by Email, or by conventional mail. Notices to SMWS by conventional mail must be sent to:

Sel-Mor Web Services
P.O. Box 250
Fleetwood, NC 28626

12. Effective Date; Changes to Terms. This Agreement takes effect on the date on which you first contract for services with SMWS and continues until your SMWS membership is terminated either by you or by SMWS. SMWS RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY POSTING CHANGES ONLINE. YOU ARE RESPONSIBLE FOR REVIEWING REGULARLY INFORMATION POSTED ONLINE IN THE "CLIENT ASSISTANCE" OR OTHER APPROPRIATE PAGE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF SMWS AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT IN SUBSEQUENT SERVICE CONTRACTS, OR WITHIN THE TERMS OF YOUR CURRENT CONTRACT.

13. General.

13.1 You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Sel-Mor Web Services, as a result of your use of SMWS or your SMWS membership. You agree not to hold yourself out as a representative, agent or employee of Sel-Mor Web Services, and that Sel-Mor Web Services will not be liable by reason of any representation, act or omission to act by you.

13.2 SMWS's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of SMWS's right to comply with law enforcement requests or requirements relating to a Member's use of SMWS or information provided to or gathered by SMWS with respect to such use.

13.3 This Agreement and the attached Contract constitutes the entire agreement between SMWS, Sel-Mor Web Services and you with respect to your use of SMWS, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Sel-Mor Web Services and you with respect thereto.