WebCore Designs

Acceptable Conditions of Use Policy

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ACCEPTABLE CONDITIONS OF USE:

Scope and Purpose
Contacting us about Abuse and Requests for Information about Customers and End Users
The Services may be used for lawful purposes only
Intellectual Property Infringement
Adult Content / Pornography
Child Pornography and Related Content
Child / Animal Abuse, Racism, Hatred, Gay Bashing, Slander, or Defamation of Character
Gambling
U.S. Import and Export Laws
Subpoenas, Warrants, Document Preservation Requests and Other Requests for Information
Security
SPAM
Addresses
Disclaimers

Acceptable Conditions Of Use

Thank you for visiting our website. The Acceptable Usage Policy ("ACUP") set forth herein applies to the entire group of websites owned, operated, licensed or controlled by WebCore Designs, or its affiliates (collectively the "Company"), including but not limited to the websites at webcoredesigns.com (collectively the "Company websites"). although our websites are accessible in all parts the world, we operate solely in the United States of America ("USA"). Company websites may refer to certain products, programs or services that are not available worldwide, without specifically limiting the offers as such. Such reference does not imply that the Company intends to offer such products, programs or services in all countries or locations.

All users of the products, services and equipment provided by us, or third parties, (Services) must comply with this Acceptable Conditions of Use Policy (ACUP). This ACUP is part of our Legal Notice ("Notice") and Terms of Service Agreement (TOSA). Your use and/or continuation of the Service constitutes your acceptance of this ACUP. It is your responsibility, and contractual obligation, to ensure that your affiliates, agents, and/or customers (End User(s)) comply with this ACUP.

You expressly understand that the rapidly evolving nature of the Internet and e-commerce makes it necessary for us to reserve the right to make changes, without notice, to this ACUP at any time. This ACUP may not represent all possible ways in which you or an End User engage in unacceptable behavior. WebCore Designs encourages prospective customers to carefully review sections of this ACUP covering E-Mail/SPAM, Intellectual Property Violations, and Security. A thorough review of those sections, and the entire ACUP and Legal Notice, may prevent circumstances from arising that would cause us to take action, up to, and including, termination of a customer's account. Services we provide may be subject to additional policies found elsewhere on this site, and you are encouraged to review and familiarize yourself with those policies as well. WebCore Designs reserves the right to determine, in our exclusive judgment, what activities are deemed unacceptable. This is the most recent version of the Company's ACUP.

PLEASE READ THESE ACCEPTABLE CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR ANY OTHER COMPANY WEBSITE.

By using this website or any other Company website, you signify your assent to these acceptable conditions of use, all applicable laws and regulations (including export and re-export control laws), and agree that you are responsible for compliance with any applicable local laws. If you do not agree to these conditions of use, please do not use these sites. We reserve the right, in our sole discretion, to change, modify, delete or otherwise alter portions of these terms at any time. Any such change, modification, deletion or alteration shall be effective immediately upon posting the same on a Company website. Please check these terms periodically for changes. Your continued use of any Company website following the posting of such changes means you accept those changes.

Scope and Purpose

WebCore Designs does not review, edit, censor, or take responsibility for any information customers or End Users may create. Because of this, the Company cannot, and does not, accept any responsibility from customers, End Users, or third parties, resulting from inaccurate, unsuitable, offensive, or illegal content or transactions.

When Customers or End Users engage in activities prohibited herein, they violate this ACUP. It is the customer's responsibility and contractual obligation to ensure that End Users comply with this ACUP. WebCore Designs expects customers to cooperate with us in the enforcement and administration of this ACUP. A customer's failure to do so is a violation of their contract.

The use of any service provided by WebCore Designs to a Customer, including, but not limitied to a Customer's account or hosting service, will be considered use by the individual or entity set out in WebCore Designs' records as the owner, or principal contact. This individual or entity will be held responsible for all contractual obligations including violations of this ACUP.

Contacting us about Abuse and Requests for Information about Customers and End Users

When contacting WebCore Designs about this ACUP, the behavior of our customers, or for other purposes, individuals and/or entities are required to provide us with accurate information to enable us to contact them and respond to their requests. WebCore Designs does not respond to anonymous correspondence, and will refer individuals who deliberately attempt to mislead us regarding their identity, or the basis for their complaints, to appropriate law enforcement officials.

WebCore Designs' contact information, including E-mail addresses used to contact us can be found at the end of this ACUP. Please note that WebCore Designs may create special addresses for certain types of complaints. Complaints misdirected by a Customer or End User may not be responded to by WebCore Designs. WebCore Designs does not recognize requests that complaints be kept confidential, and will not honor those requests. Complaints submitted to us are not confidential and may be forwarded to our customer or law enforcement, without notice. Depending on the volume of abuse complaints about a particular issue, some abuse complaints may not receive a reply.

WebCore Designs may disclose information, including information that Customers or End Users consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request which appears to be valid. WebCore Designs may also disclose such information when it is necessary for us to protect our business, or others, from harm. WebCore Designs assumes no obligation to inform Customers or End Users that the Company has provided this type of information unless WebCore Designs has affirmatively agreed to do so. In some cases, WebCore Designs may be prohibited by law from giving such notice.

Our customer service and support staff have been trained to handle sensitive matters with diplomacy and tact. While we understand that often times customers become frustrated by technical issues, we expect our staff to be treated with the same respect that customers expect from us. Should customers abuse our staff members, we reserve the right to terminate a customer's use of the Services, without penalty or refund.

The Services may be used for lawful purposes only

Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, this ACUP, or our TOS, is prohibited. You may not use the Service to directly facilitate the violation of any law or regulation, including, but not limited to:

  • forging, misrepresenting, omitting or deleting message headers, return mailing information, and/or internet protocol addresses, to conceal or misidentify the origin of a message;
  • creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;
  • hacking, and/or subverting, or assisting others in subverting, the security or integrity of our products or systems;
  • disseminating material that may cause us to be subject to attacks on our network, or that which is, but is not limited to, abusive, racist, pornographic, hateful material or those which create customer service or abuse issues for us. Under no circumstances may WebCore Designs' systems be used to gain access or deny access to a system without the permission of the system's owners (or rightful users);
  • probes, port-scans, sweeps and spoofing of systems without the express permission of the owners of those systems; WebCore Designs reserves the right to use probes, port-scans, sweeps and spoofing on any system;
  • soliciting the performance of any illegal activity, even if the activity itself is not performed; and/or
  • acting in any manner that might subject us to unfavorable regulatory action, subject us to any liability for any reason, or adversely affect our public image, reputation or goodwill, as determined by us in our sole and exclusive discretion.

Intellectual Property Infringement

Customers, and End Users, may not engage in activity that infringes or misappropriates the intellectual property rights of others. This includes, but is not limited to, trademarks, service marks, trade secrets, software piracy and patents. Complaints about such activity by Customers or End Users may be directed to the address at the end of this ACUP.

Adult Content / Pornography

Neither Customers or End Users may use these Services to disseminate, transmit, advertise or store material considered to be pornographic according to the laws of the City of Fresno, the State of California, or the Federal Government of the United States of America.

Child Pornography and Related Content

WebCore Designs does not knowingly host sites containing Child Pornography, Child Erotica or Bestiality. For the purposes of this ACUP, WebCore Designs does not distinguish between Child Pornography, and Child Erotica, and both are collectively referred to as Child Pornography. Customers and End Users are prohibited from using WebCore Designs' services to disseminate or access Child Pornography and Bestiality. WebCore Designs is required by law to report the use of its services to disseminate or display Child Pornography and Bestiality. WebCore Designs actively cooperates with law enforcement in their efforts to prosecute violations of U.S. statutes restricting Child Pornography and Bestiality, and will do so without informing Customers or End Users. Child Pornography and/or Bestiality complaints may be directed to the address at the end of this ACUP. Further information about child pornography may be found at: www.ncmec.org

Child / Animal Abuse, Racism, Hatred, Bigotry, Gay Bashing, Slander, or Defamation of Character

Neither Customers or End Users may use these Services to disseminate, transmit, advertise or store material considered to be child abuse, animal abuse, racism, hate, bigotry, gay bashing, slanderous, or defamatory in nature according to the laws of State of California, or the United States of America. WebCore Designs will actively cooperate with law enforcement in their efforts to prosecute violations of U.S. statutes.

Gambling

Customers and End Users may not use the Services for gambling. WebCore Designs defines gambling as: the making, receiving, recording or forwarding of bets or offers to bet online, or the advertising of such services. Gambling includes, but is not limited to, pool-selling, bookmaking, maintaining slot machines, roulette wheels or dice tables, and conducting lotteries, policy, bolita or numbers games, or selling chances therein.

U.S. Import and Export Laws

Customers and End Users may not use WebCore Designs' services to engage in a violation of U.S. import and export control laws. Violation of these laws may include selling products that may be legal to sell in the U.S., but illegal to export; or legal to sell in another country, and illegal to sell in the U.S. Customers may not use WebCore Designs' services to provide services to End Users with whom U.S. citizens may not do business. More information about U.S. export laws may be found at: http://www.export.gov/exportcontrols.html

Subpoenas, Warrants, Document Preservation Requests and Other Requests for Information

Law enforcement agencies who seek information about WebCore Designs' customers, and/or their use of WebCore Designs' services, are required to submit a subpoena, or other similar document, pursuant to which WebCore Designs is required by law to produce this information (Subpoena). Unless specifically required by law and so clearly communicated to WebCore Designs, the Subpoena will be transmitted to WebCore Designs' Customer.

Civil Subpoenas, such as discovery requests and similar demands (Civil Subpoenas), must be part of a filed and pending litigation matter. Responses to Civil Subpoenas are subject to a response fee of $350 per hour. WebCore Designs does not honor requests from civil litigants to limit or to pre-approve response expenses. Civil litigants are encouraged to contact WebCore Designs prior to serving Civil Subpoenas in order to minimize their expense.

WebCore Designs understands its obligations to preserve certain electronically stored material. Parties who ask WebCore Designs to preserve this material, must contact WebCore Designs in writing, and describe specifically what information they would like preserved. WebCore Designs is not required to preserve information if doing so would be expensive and unduly burdensome. Examples of requests that fall within that category include, but are not limited to, requests to preserve large numbers of backup tapes and sorting of e-mail (including only preserving certain types of e-mail).

Requests under this section may be directed to the address at the end of this ACUP.

Security

Customers are encouraged to review security protocols and ensure that they have selected the security level fitting their needs. Servers, hardware and software are generally provided to Customers in their “default” setting. These settings may not meet industry standards of security. WebCore Designs makes no warranties regarding the security of its network.

WebCore Designs makes tools available to you that are designed to make your use of the Internet more secure. These tools are provided on an AS-IS basis and are used at your own risk. You are encouraged to evaluate other methods of making your Internet transactions more secure.

Virus infections are the responsibility of the customer and must be rectified as soon as possible. WebCore Designs reserves the right to disconnect an infected customer if damage to other servers or third parties cannot be avoided otherwise. Notification will be sent if a disconnection is necessary, but there may be no delay between notification and disconnection.

SPAM

While differences of opinion may exist on what type of E-mail communication constitutes unsolicited bulk E-mail, or SPAM, WebCore Designs defines unsolicited commercial e-mail as e-mail that has not been requested by the recipient, is not compliant with the CAN-SPAM Act, or that, even if requested, or compliant with the CAN-SPAM Act, causes other entities to block our IP Addresses. You may not use the Service to host a site that is advertised in SPAM (a spamvertized site), even if you yourself are not engaged in spamming. If WebCore Designs determines that you or an End User are spamming, WebCore Designs will suspend or terminate your account, at our discretion.

To report violations of this paragraph, please send an e-mail to the address at the end of this ACUP

WebCore Designs uses industry standard methods to filter outbound e-mail for SPAM. WebCore Designs will use commercially reasonable efforts to inform you that your outbound mail has been marked as SPAM and blocked. Please review your outbound e-mail to determine whether your e-mail has been blocked. You have the option of using a SPAM filter to scan inbound e-mail. Please familiarize yourself with this technology and its use.

Addresses

WebCore Designs does not review anonymous inquiries.  At the very minimum, your notice must contain your first and last name, and either a working, monitored e-mail address, or a working, monitored, telephone number.  If you believe that our ACUP has been violated, and that the relevant paragraph addressing your concern does not have a particular e-mail notification address in it, you may send your e-mail inquiry to:

info@webcoredesigns.com

Or via U.S. mail to:

WebCore Designs
Attention:  WebCore Designs Legal Notices
4546 E. Ashlan Ave, #3202
Fresno, CA  93726

Disclaimers

The Company has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to this website or any other Company website. Users of information from this website or any other Company website or links do so at their own risk. We assume no liability or responsibility for any errors or omissions in the content of any Company website. While the Company may make changes to the information in any Company website or to any Company product, program or service at any time without notice, the Company makes no commitment to update the information on a Company website.

The views and/or opinions expressed on sites create and/or hosted by WebCore Designs are the express views and/or opinions of the owners of said sites, and are not the views and/or opinions of WebCore Designs.

This Acceptable Conditions of Use Policy was produced and posted on WebCore Designs' web site on October 19, 2009. WebCore Designs reserves the right to modify or amend this Policy at any time and for any reason. If you have questions about this notice, please e-mail us.

Copyright © 2009 WebCore Designs. All rights reserved.

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This Notice was last modified on October 19, 2009.

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