TERMS OF SERVICE

Our Terms of Service comprise a legal agreement for Web Services Corporation Inc ("WSC") and governs the use of our service by Clients ("Clients" or "You" or "Your"). Our System may collectively be referred to as ("WSC System" or "WSC Services" or "WSC") in areas of these Terms of Service. By subscribing to and/or using our services, you agree to be bound by these terms. If you do not agree to these terms, do not subscribe and/or use our services. Any rights not expressly granted herein are reserved by WSC.

Inquiries regarding any of our terms and policies should be directed to:

web.admin [at] webservicescorp.com

Authorization

By signing our contract, submitting your online order, or approving work through any means of electronic or written communications you acknowledge and agree that:

The prices, specifications, and conditions are satisfactory and are hereby acceptable to you;
WSC is authorized to perform the work as specified;
You have read the terms of service;
You accept our terms of service;
You authorize WSC to charge your credit card account for the services.

You also acknowledge and agree that if you make any changes to the scope of the work to be performed by WSC on your behalf, which differs from the products and/or services in the contract, online order or electronic/written communications that you authorize WSC to charge your credit card for all additional products and services.

Services Provided

We are a managed service provider with the following offerings: Custom Database Application Software, Website Design, Hosting Services, Business Email Services and Database Plug-in Database Applications.

Support Policy

WSC will provide standard technical support free of charge with no time or call frequency limit for issues related to our products and services associated with normal operation of our service. Standard Support shall include only diagnosis and repair of any malfunction of standard network, equipment, and web server hardware or software provided with Client's plan of Services. Clients will be notified if their support call is not free prior to incurring any expenses.

Paid support, at a specified hourly rate determined solely by WSC, shall be provided for any issue not directly related to the Standard Support described above.

Boundaries For Free Support

Even though we really want to help all Clients with any issues that arise, we do have boundaries for FREE Support. Please remember:

Our services require a certain level of knowledge in the use of internet languages, protocols, software, and following directions. The level of knowledge needed will vary depending on the anticipated use and desired outcome of using our services;
If we did not write it, then we do not support it for FREE. This includes email clients like Outlook, Outlook Express, Thunderbird, and Website Software;
If we will not cover your support issue for FREE there is always paid support, and we have never, not been able to solve a support issue.

Fees & Payments

All fees and payments are in U.S. Dollars.

All taxes, fees and governmental charges relating to the services provided hereunder shall be paid by Client.

We accept Visa, MasterCard, Discover Card, American Express and Company Checks. Your payment via credit card shall be done at your own risk. WSC shall protect your credit card number within its business office. However, WSC shall not be liable for any unauthorized use of your credit card by persons other than WSC, or its officers and employees. Under no circumstances shall WSC or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages that result or have alleged to have resulted from the unauthorized use of your credit card by persons other than WSC, or its officers and employees.

All credit card charges will appear as Web Services Corporation Inc. on your bank card statement.

WSC uses Industry Standard 256bit Encrypted Secure Socket Layers to process credit cards.

Payments for all of our products and services are pre-paid unless otherwise approved by WSC.

If you are paying monthly for our services or products and your credit card cannot be charged for the monthly fee your account will become suspended until updated credit card information is provided. Suspension of an account for non-payment will stop all account activity.

If you are paying yearly for our services or products you will be notified of renewal at 90 Days, 60 Days, 30 Days, 24 Hours, and at Expiration. If payment is not made prior to renewal your account will become suspended. Suspension of an account for non-payment will stop all account activity.

If payment for your products or services (monthly or yearly) is not received within 30 days of the account suspension your account will be purged from our system. Once an account is purged all data is non-recoverable.

Accounts that are Net Terms are billed on the first of every month and payment is expected within 15 Days. If payment is not received within 15 days services may be suspended, requiring re-activation. Our Mailing Address for payments is: Web Services Corporation Inc. P.O. Box 22682, Knoxville, TN, 37933. Checks that are returned as Non Sufficient Funds (NSF) are subject to a $50.00 processing fee each occurrence.

There are no refunds for any of the services or products we provide.

WSC reserves the right to modify the fees charged for our services from time to time, provided that such new fees shall not take effect earlier than seven (7) days after WSC notifies you via email or otherwise of such modified fees.

If you are ever in default of payment to WSC, then WSC shall have the right to suspend or terminate your services, and WSC shall not be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that results or have alleged to have resulted from such suspension or termination.

Term, Termination and Cancellation

WSC may terminate your account, your access to WSC or any of your services (in whole or in part) at any time, with or without cause, and with or without notice. You may be denied from accessing any of your WSC services or from using the WSC system or from receiving any products, services or benefits from WSC, if WSC determines you have violated these terms of service, if You have failed to remit any applicable fees when due, if any representation or warranty made by you is untrue in any respect or if WSC receives a court order or other legal action relating to your account.

In the event that WSC terminates your account for violation of these Terms of Service, you will not be entitled to the return of any fees paid with respect to any such terminated account.

If you cancel your account, for whatever reason, you will not be entitled to the return of any fees paid. Cancellation of service must be done through the Management Control Panel Support Ticket System or in writing delivered to: Web Services Corporation Inc. P.O. Box 22682, Knoxville, TN, 37933.

Software Ownership & Guarantee Policy

We offer two types licenses for database applications or websites we create:

Standard Rights Licensing - You own the code with some restrictions. This license permits you to use the application or website developed for the specified domain for the specified purpose on any server that you wish. No license is granted to you for the purpose of reverse engineering from the source code, reverse compiling from the source code or for making derivative works from the source code. If you choose to not do business with WSC after the application is developed this license will perpetuate after the termination of our relationship;
Extended Rights Licensing - You own the code with no restrictions. This license permits you to use the application or website developed any way that you wish including making derivative copies for other domains and reselling.

Client agrees that the intellectual property rights that are gained in the creation of any database application or website are non-transferrable and the ownership of those intellectual property rights including functionality, logic, control panel design, database structure/organization are trademarked concepts of WSC, are owned by WSC and are protected by the United States Copyright Laws.

We guarantee that the database application or website that we write for you will function and display properly using standard desktop web browsers on a PC or MAC.

We DO NOT guarantee that your database application or website will work properly or display properly using standard desktop web browsers if:

It is not posted and/or hosted by us;
Changes from any 3rd party that may break current connection paths (links) to said 3rd party services;
There are any changes in transaction methods from 3rd parties;
You access and make any adjustments. Note - Access by any party other than WSC immediately voids standard technical support;
You have not requested and paid for W3C Compliant Website Design.

Unless otherwise stated all database applications and websites developed are not being designed for display and usage on mobile devices. If your database application or website needs to be used by mobile devices please tell us and we will plan, develop and charge accordingly.

We will not store sensitive or credit card information on our servers or on 3rd party servers unless we are requested to by the client. If client decides to store sensitive information or credit card information under no circumstances, including negligence, shall WSC or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that result or have alleged to have resulted from the storing sensitive information or credit card information on a WSC or 3rd party hosting service.

If your site is an existing or pre-written site and we add any type of code we only guarantee the code that we are creating. We do not guarantee the original source code to work properly as we have not created it. You acknowledge and understand that neither WSC, nor any of its officers or employees, guarantee existing source code not created by us. WSC specifically disclaims all guarantees of any kind, including, without limitation, the guarantee of merchantability and fitness for a particular purpose, whether expressed or implied. Under no circumstances, including negligence, shall WSC or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that result or have alleged to have resulted from the use of or inability to use the existing code; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft or destruction. Your User ID's and Passwords shall be provided by you to WSC at your own risk. WSC shall protect your User ID's and Passwords within its business office, but shall not be liable for any unauthorized use of your User ID's and Passwords by persons other than WSC, or its officers and employees. Under no circumstances shall WSC or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages that result or have alleged to have resulted from the unauthorized use of your User ID's and Passwords by persons other than WSC, or its officers and employees.

Design Credit Policy

Client agrees that the database application or website that is developed may be included in WSC's portfolio.

Project Completion Policy

Completion times for database applications and websites are determined by several factors including client participation, current programming schedule, calendar scheduling and 3rd party integration scheduling.

WSC will attempt to provide a time line for all projects at contract signing but know that the factors above may at any time change the completion date.

Projects that are abandoned are marked as inactive for a period of one (1) year from the last communication date. Upon the 1 year anniversary date the project was set to inactive the project will officially be declared closed and abandoned. No fees will be refunded.

Client Responsibilities

By using our services you make the following representations and warranties:

You and all users approved by you are at least eighteen years of age;
You have the legal authority and capacity to enter into an agreement with WSC;
All information supplied by you or by others using your account is true and accurate including payment information;
You will not use the database application, website or WSC system for any purpose that is unlawful or prohibited by these Terms of Service;
Any products or services advertised, sold or otherwise distributed by you on or in connection with the database application, website or WSC system are legal for sale or distribution; and you have all licenses necessary to sell or advertise the products and services offered for sale or distribution; and that all sales and advertisements will be in compliance with applicable law, rule, and regulations;
You own or control all of the intellectual property, proprietary and similar rights necessary for all material located on the database application, website or WSC system.

You are responsible for providing all End User support related to the sale and/or delivery of products and services developed by WSC. You are responsible for all billing disputes, refunds, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. You are responsible for resolving any disputes relating to any completed or uncompleted transactions. WSC is not liable for your actions with End Users or the use of their information, or for any other actions arising from your use of the WSC System. By using the WSC System, you agree that you will defend and indemnify WSC, its affiliates, and service providers from any third party claim related to a breach of any of the foregoing warranties.

You are solely responsible for your content. WSC reserves the right, but is not obligated, to monitor or to review materials posted on your account and website and to monitor your compliance with these Terms of Service. WSC reserves the right in its sole discretion to edit, refuse to post or remove any content or materials which violate these Terms of Service in whole or in part, without notice at any time.

You are responsible for safeguarding the confidentiality of your account information, including password(s) and user name(s) issued to you.

You are also responsible for any use or misuse of your account or the WSC System resulting from any third party using a password or user name issued to you. You agree to notify WSC immediately of any known or suspected unauthorized access or use of your account, your password, the password of any individual user to whom you have issued a login ID or any other breach of security or misuse of the WSC System known to or suspected by you.

You are solely responsible for maintaining the confidentiality of your account information and monitoring usage of your account. WSC is not responsible for fraud of participants or of other users of your account.

It is your responsibility to take the necessary steps to ensure your primary means of business is maintained. WSC will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out your use of the WSC System.

Acceptable Use Policy

We expect our Clients to use our services with courtesy and responsibility and to be familiar with and to practice good etiquette. By adhering to the following policies, our Clients are protecting the rights and privileges of all users.

In addition to financial penalties your services may be suspended or terminated for violation of our AUP.

Database Hosting Services

You may not use the WSC System to:

Rent, lease, license, grant a security interest in, or otherwise transfer or sublicense your rights hereunder to any third party;
Defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise restrict, inhibit, violate, infringe the legal rights of any other person using the WSC System;
Conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail (spamming) or multi-level or illegal marketing campaigns;
Sell or distribute lists, containing any personal or any other identifying information without the express contractual rights to provide such information;
Interfere with or disrupt the WSC System, its service providers' servers or any network connected to the WSC System.

Publish, post, distribute, disseminate, advertise or link to information that:

Contains Defamatory, libelous, slanderous, or infringing content or constitutes hate speech;
Contains protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, or control such rights or have received all necessary consents for your publication, distribution, or linking of such software and other materials;
Contains viruses, worms, corrupted files, cracks, Trojan horses, trap doors, back doors, worms, time bombs, cancel-bots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs;
Facilitates the sale or distribution of firearms, explosives, ammunition, liquor, tobacco products, illegal gambling, illicit drugs, pharmaceuticals and controlled substances;
Facilitates the sale or distribution of counterfeit, pirated or stolen goods, any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy;
Facilitates the sale or distribution of goods or services that are considered indecent or pornographic in nature;
Facilitates the sale or distribution of registered or unregistered securities;
Facilitates the sale or distribution of goods or services that you cannot legally sell, goods which are misrepresented or which do not in fact exist, fraudulent goods or services;
Facilitates the sale or distribution of goods or services that if sold by the WSC System would cause WSC to violate any law, statute or regulation;
Facilitates the harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
Violates any applicable government laws, rules or regulations.

Business Email Services

Bulk Mail

You may not use the Mail Service to send Bulk Mail. "Bulk Mail" means email messages of similar content that are sent to more than two hundred and fifty (250) recipients. Attempts to circumvent this restriction by breaking up bulk email over time, using multiple accounts, or other means will be a violation of this restriction.

You may not use a third party other than an authorized WSC partner to send Bulk Mail that references a Mail Service email address or that has a Mail Service return email address.

You may not intentionally use your Mail Service for the purpose of receiving bulk email from others. For example, you may not submit any Mail Service email address to a "Safelist" or "Free for All" (FFA) list.

Mail messages sent to other users within your domain names hosted on the WSC system are not Bulk Mail.

Unsolicited Mail

You may not send unsolicited email. Email is unsolicited if you have no pre-existing relationship with the recipient, unless the recipient has published or otherwise provided or his or her email address in a manner which implies consent to receive the email.

Message Source

You may not obscure the source of your email in any manner, including by intentionally omitting, forging, or misrepresenting messages headers or return addresses.

Offensive Content

You may not use the Mail Services to distribute content or links to content that WSC reasonably believes:

constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;
is excessively violent, incites violence, threatens violence or contains harassing content or hate speech;
is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
is defamatory or violates a person's privacy;
creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security or interferes with a investigation by law enforcement;
improperly exposes trade secrets or other confidential or proprietary information of another person;
is intended to assist others in defeating technical copyright protections;
infringes on another person's copyright, trade or service mark, patent or other property right;
promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal arms trafficking;
is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to WSC;
is otherwise malicious or fraudulent, or may result in retaliation against WSC by offended recipients; or is intended to harass or threaten.

You may not send email of any kind to a person who has indicated that they do not wish to receive it.

Security

You may not probe, scan, or test WSC's systems for vulnerabilities. You may not violate or attempt to violate WSC's security measures. You may not use WSC's services to probe, scan or test a third party's systems for vulnerabilities, or to violate or attempt to violate a third party's security measures. Examples of security violations are: (i) attempting to access data not intended for your use; (ii) attempting to log into an account that you are not authorized to access; (iii) attempting to obtain services you have not paid for (including WSC Services); (iv) attempting to discover another person's authentication information; and (v) interfering with another user's use of the Services.

You must use reasonable security precautions in connection with your use of the Services, such as a desktop virus scanner and firewall. If your Service is exploited by a third party, WSC may suspend your Services until the vulnerability is addressed. For example, WSC may suspend your Mail Service if you are distributing a virus, even if you are unaware that you are distributing a virus.

System Abuse

You may not use the Mail Services in a way that creates technical disturbances for other WSC clients or for WSC systems generally. In addition:

No Shared Mailboxes - each mailbox may be used by one natural person at a time. Attempts to log into a single mailbox simultaneously from more than one computer are prohibited. You may not use automated tools such as "Fetchmail" or "Microsoft Exchange Connector" to virtualize one mailbox into multiple mailboxes;
Automated Use - mailboxes are not intended for automated use such as sending emails from web servers, or receiving emails by automated programs. However, such use is permitted provided client does not violate this AUP.

Email Abuse Complaints

Complaints from email recipients and third party abuse agencies (e.g. SpamHaus or Spamcop) shall be deemed proof of the facts stated therein unless you provide compelling evidence to the contrary. WSC shall have the right to terminate your Mail Service if we receive excessive or repeated complaints from your email recipients, regardless of whether you are in breach of this AUP or are otherwise at fault.

Blacklisting/Retaliation

WSC may terminate your Services if your email address or related IP number(s) is/are blacklisted by any third party, or WSC is retaliated against as a result of your email, regardless of whether you are in breach of this AUP or are otherwise at fault.

Third Party Mail Marketing

You may not use your Mail Service to send Bulk Mail (defined above) except via a mail marketing service that we have approved in advance. You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk and commercial mail. In addition, you must meet all of the following requirements:

The mail may be sent only to individuals who have affirmatively indicated they wish to receive it;
Your procedures for seeking consent include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given;
You retain evidence of each recipient's consent in a form that can be promptly produced on request, and you honor the recipient's and WSC's requests to produce consent evidence within 72 hours of receipt of the request.
You have procedures in place that allow a recipient to revoke their consent - such as a link in the body of the email, or instructions to reply with the word "Remove" in the subject line; you honor revocations of consent within 48 hours, and you notify recipients that the revocation of their consent will be implemented within 48 hours;
You have procedures in place to prevent you from adding to a list a recipient who has previously revoked their consent;
You must post an email address for complaints (such as abuse@yourdoman.com) in a conspicuous place on any website associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
You must have a Privacy Policy posted for each domain associated with the mailing;
The subject line of the email must clearly describe the subject matter contained in the email, and the message must include valid contact information, including your physical address;
You have the means to track anonymous complaints; and
You must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days.

These requirements apply to distribution lists created by third parties to the same extent as if the list were created by you.

You may not use a third party email service that does not practice similar procedures for all of its clients.

WSC may test and otherwise monitor your compliance with these requirements and may require you to seek advance approval for any Bulk Mail. WSC may throttle your mailing if your Bulk Mail is generating excess bounced messages.

Installing Third Party Software

WSC servers are dedicated database application servers and we do not permit third party software to be installed unless approved and tested by us first.

All software that is requested to be installed on our server will be tested and the clients expense to make sure the software is safe for the hosting environment, does not contain security breaches and to make sure it will work properly.

Software installed without approval will be deleted from the server, your account will be suspended or cancelled and financial penalties may imposed.

Third Party Hosting Services

WSC may at it's own discretion contract with third party hosting provider for hosting services.

WSC will notify you if your services are going to be hosted with a third party hosting provider. If done, WSC utilizes web hosting services from only reputable companies. As you depend on us for service, we depend on them for service. Due to circumstances beyond our control, downtime can occur. We reserve the right to change carriers at any time without notice.

You acknowledge and understand that neither WSC, nor any of its officers or employees, warrant the hosting services offered or provided by third party hosting companies. WSC specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the hosting services. You shall be bound by the terms and conditions of the hosting company. Under no circumstances, including negligence, shall WSC or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that result or have alleged to have resulted from the use of or inability to use the hosting services; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to the hosting service's records, programs or services.

Data Backup Policy

Clients are responsible for maintaining a current copy of all data that is stored on our servers.

If you are unable to backup your files WSC provides Deluxe Backup Services for a monthly/yearly fee. If you subscribe to this service you will have 24/7 access to electronically transfer all backup data from our servers to another location for safe keeping.

WSC provides overall daily differential and weekly full backups for all data on our database application servers for catastrophic purposes only.

Copyright and Trademark Notices

This website is owned and operated by Web Services Corporation Inc. Duplicating or copying any content from this website is a direct violation of copyright law. Unauthorized copying, distribution or use is strictly prohibited without written consent from WSC.

WSC and associated marks are either a trademark or registered trademark of Web Services Corporation Inc.

All other copyrights remain property of their respective owners.

Communication and Notices

All official communication between WSC and Clients as well as notices set forth within this agreement shall be by e-mail to the client primary email address on record. It is sole responsibility of the client to ensure that the e-mail address listed with WSC is accurate and up to date.

In the event WSC sends a notice of cancellation, renewal or any other official notice to an e-mail address that is no longer valid for Client, such notice shall be deemed delivered per this agreement.

The information provided by WSC to you is proprietary in nature. You agree not to share any information provided to you by or on behalf of WSC with any third party.

Clients shall send notification and official communication to WSC through the Management Control Panel Support Ticket System or in writing delivered to: Web Services Corporation Inc. P.O. Box 22682, Knoxville, TN, 37933.

Disclaimer and Indemnification

Your access to and use of the WSC System is at your own risk. WSC makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the WSC System, or such products or services.

In no event shall WSC, or its service providers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or any damages whatsoever including, without limitation to:

Damages for loss of use, data, accounts, revenues or profits, arising out of or in any way connected with the use or performance of the WSC System;
With the delay or inability to use the WSC System or related services;
The provision of or failure to provide services arising out of the use of the WSC System whether based on contract, tort, negligence, strict liability or otherwise, even if WSC, or service providers has been advised of the possibility of damages.

If you are dissatisfied with any portion of the WSC System or with any of these terms of service, your sole and exclusive remedy is to discontinue using the WSC System and its related services.

WSC will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to:

Your use of the WSC System, its services or products;
Errors, bugs, viruses, or other defects in the WSC System;
Lost company, End User or vendor information (including, without limitation, billing information, credit card numbers, lost orders, etc;
Illegal or criminal activities committed by third parties, including but not limited to reliance on any information obtained on the WSC System or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to WSC records, programs or services.

Submitting your order over the Internet is done at your own risk and discretion. WSC has no liability if parties other then WSC officers and employees obtain the contents of your submission.

Clients shall defend, indemnify, save and hold WSC harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages asserted against WSC, its officers and employees, that may arise or result from this website or it's services.

Notwithstanding the above, Clients exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the aggregate dollar amount which Client paid during the one month immediately preceding the claim or the term of this Agreement, whichever is less. These obligations will survive any termination of your relationship with WSC or your use of our service.

Governing Law

This Agreement, and the performances due hereunder, shall be construed and governed in accordance with the laws of the State of Tennessee. Venue for purposes of any court action shall be in Knox County, TN. As such, all claims concerning this Agreement shall be brought exclusively in the State or Federal courts located in Knox County, State of Tennessee. The parties hereby consent to submit to the jurisdiction of such courts located in Knox County, State of Tennessee and waive any personal jurisdiction or venue defenses concerning said forum. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WSC as a result of these Terms or Service or use of our services.

The parties expressly agree that The Uniform Computer Information Transactions Act or any version thereof adopted by any State in any form ("UCITA") shall not apply to this agreement, including any applicable product agenda. To the extent that UCITA is applicable, the parties agree to opt out of the applicability.

If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. If moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, such provision shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.

No delay or omission on the part of either party to this Agreement in requiring performance by the other party hereunder, or in exercising any right hereunder, will operate as a waiver of any right or rights hereunder. Any and all representations and warranties, indemnification obligations, confidentiality requirements, intellectual property, applicable law, notice, and termination provisions, jurisdictional consents, and this Section shall survive the termination of the Agreement by either party for any reason.

Unless otherwise specified herein, these Terms of Service, and the Privacy Statement constitute the entire agreement between the user and WSC with respect to the WSC System and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WSC with respect to the WSC System.

Non-Disclosure Statement

WSC does not disclose client information, ideas, layouts or overviews deemed confidential by the client to any third parties unless previous authorization has been granted by the client.

Once information is released into the public domain through any means it is no longer considered confidential and WSC is not responsible for the security of any information that was previously deemed confidential.

Updates to Our Terms of Service

Our Terms of Service is periodically reviewed and enhanced as necessary and we reserve the right to modify our Terms of Service at any time. An update date is always provided so that you know when it was updated.

Our Terms of Service was Last Updated on 11/27/2010.

PRIVACY POLICY

Your right to privacy is very important to us. We recognize that providing us with personal information is an act of trust. Our Privacy Policy has been developed to protect your personal information and make your experience using our service is safe and satisfying.

Personal and Non-Personal Information Collected

We collect personal and non-personal information in the following ways:

Creation, Activation, and Maintenance of your account;
All Support Requests made from within our Management Control Panel;
General Email Communications.

Use of Information

Primarily the information we collect is to provide and improve our service.

We will not provide any of your personal information to other organizations or third parties unless required to do so by law. We do not sell our Clients personal information to anyone.

Transmission, Storage, and Access

When you transmit your information or upload to our system we use industry standard Secure Socket Layers to insure 256bit digital encryption so your information cannot be seen by others. Industry standard password protection is required to access your account.

Credit card information we collect electronically is stored with Authorize.net and access is limited to authorized personnel. Credit card information we collect manually with contracts is securely stored in our office with access limited to authorized personnel only.

Non-sensitive general account information is stored on our servers and is accessible only to authorized personnel.

Use of Cookies

We use cookies for various reasons and only read cookies on your system that are written by our site. We may use cookies to store some history about the parts of our sites that you have visited to help you navigate our site more easily or to alert you to related pages on our site that may interest you.

We do not use cookies to obtain information on other websites that you may visit.

Consent

By using this site, you consent to the collection and use of your information (personal and non-personal) by Web Services Corporation Inc. as described above.

Updates to our Privacy Policy

Our Privacy Policy is periodically reviewed and enhanced as necessary and we reserve the right to modify our Privacy Policy at any time. An update date is always provided so that you know when our policy was updated.

Our Privacy Policy was Last Updated on 11/27/2010.