Webmaster Ethics (WebmasterEthics.org) Note: This file has been kept for archiving purposes, so that links to files in news items will still be available in the state at which they were presented even if the original files are deleted, modified or moved.

Current Website News (Homepage) | Archived Website News

 

Webmaster Ethics - Terms of Service

1. Disclaimer of Warranties

Webmaster Ethics Website (WebmasterEthics.org) and/or W3ECHO, LLC and its affiliates, licensors, partners, suppliers, consultants and agents ("Webmaster Ethics Website (WebmasterEthics.org) and/or W3ECHO, LLC") disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Content displayed on the Service. The Webmaster Ethics Website (WebmasterEthics.org) and/or W3ECHO, LLC disclaim any and all responsibility and liability for your conduct and for the conduct of others using the Service.

THE SERVICE, AND ALL CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR CONTENT OBTAINED OR ACCESSED THROUGH THE SERVICE), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. THE WEBMASTER ETHICS WEBSITE (WEBMASTERETHICS.ORG) AND W3ECHO, LLC ENTITIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.

YOU AGREE THAT YOUR USE OF THE SERVICES ARE ENTIRELY AT YOUR OWN RISK.

2. Hold Harmless and Indemnity

You agree to hold harmless and indemnify Webmaster Ethics Website (WebmasterEthics.org) and/or W3ECHO, LLC from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Webmaster Ethics Website (WebmasterEthics.org) and/or W3ECHO, LLC will provide you with written notice of such claim, suit or action.

3. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL THE WEBMASTER ETHICS WEBSITE (WEBMASTERETHICS.ORG) AND/OR W3ECHO, LLC BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE, WHETHER OR NOT THE WEBMASTER ETHICS WEBSITE (WEBMASTERETHICS.ORG) AND/OR W3ECHO, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL THE WEBMASTER ETHICS WEBSITE (WEBMASTERETHICS.ORG) AND/OR W3ECHO, LLC BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1000.00).

4. Term and Termination

These Terms of Service will apply to your use of the Service. You may terminate your use of the Service immediately at any time, for any reason, by contacting the webmaster. We may terminate your use of the Service immediately at any time, for any reason, and at such time you will have no right to use the Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination.

5. Notices

Webmaster Ethics Website (WebmasterEthics.org) and/or W3ECHO, LLC may provide you with notices regarding the Service or these Terms of Service by email or postings to this Web site.

6. Miscellaneous Provisions

These Terms of Service will be governed by and construed in accordance with the laws of the State of Kentucky, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the Jefferson County, Kentucky. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

Without limiting the foregoing, under no circumstances shall Webmaster Ethics Website (WebmasterEthics.org) and/or W3ECHO, LLC be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Service constitute the entire agreement between you and Webmaster Ethics Website (WebmasterEthics.org) and/or W3ECHO, LLC with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.

The Terms of Service was last updated on 20 July 2008.