Website Agreement
The Wyomissing Data Systems, Inc. Website
(the "Site") is an online information service provided by
Wyomissing Data Systems, Inc. ("WDSI"), and is subject to
your compliance with the terms and conditions set forth below,
including the exhibit attached hereto. Please read this Agreement
carefully before accessing or using the Site. By using the
Site, you agree to be bound by the terms and conditions set
forth below. WDSI may modify this Agreement at any time, and
such modification shall be effective immediately upon posting
of the modified Agreement.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are copyrighted under the
United States copyright laws. The owner of the copyright
is WDSI. You may print and download portions of material
from the different areas of the Site solely for your own
noncommercial use. You may make: (a) one machine readable
copy, (b) one backup copy, and (c) one print copy of any
portions of material downloaded from the different areas
of the Site solely for your noncommercial use. Any other
copying, retransmission, or publication of any downloaded
material is strictly prohibited without the express written
consent of WDSI. You agree not to modify or delete any proprietary
notices from materials downloaded from the Site. You agree
to grant to WDSI a non-exclusive, royalty-free, perpetual
license, with the right to sublicense, reproduce, distribute,
transmit, create derivative works of, publicly display,
and publicly perform any materials and other information
(including, without limitation, ideas contained therein
for new or improved products and services) you submit to
public areas of the Site (such as bulletin boards, forums,
and news groups) by all means and in any media now known
or hereafter developed. You agree that you shall have no
recourse against WDSI or its partners for any alleged or
actual infringement or misappropriation of any proprietary
right in your communications to us.
2. Use of the Site. You understand that
WDSI cannot and does not guarantee or warrant that files
available for downloading through the Site will be free
of infection or viruses, worms, Trojan horses, or other
code that manifest contaminating or destructive ties. You
assume total responsibility and risk for your use of the
Site and the Internet. WDSI does not make any express or
implied warranties, representations, or endorsements whatsoever
(including, without limitation, warranties of title or non-infringement,
or the implied warranties of merchantability, or fitness
for a particular purpose) with regard to the Site, any merchandise,
information, or service provided through the Site or on
the Internet generally, and WDSI shall not be liable for
any cost or damage arising either directly or indirectly
from any such transaction. WDSI does not warrant that the
Site will be uninterrupted or error-free or that defects
in the Site will be corrected. The Site and the software
are provided on an "as is, as available" basis.
In no event will WDSI be liable for (i)
any incidental, consequential, or indirect damages (including,
but not limited to, damages for loss of profits, business
interruption, loss of programs or information, and the like)
arising out of the use of or inability to use the Site,
or any information, or transaction provided on the Site
or downloaded from the Site, even if WDSI or its authorized
representatives have been advised of the possibility of
such damage, or (ii) any claim attributable to errors, omissions,
or other inaccuracies in the Site and/or materials or information
downloaded through the Site.
3. Operating Policies. You agree to comply
with the Policies set forth on Exhibit A which govern your
activity in connection with the Site as they may be amended
by WDSI from time to time.
4. Indemnification. You agree to indemnify,
defend, and hold harmless WDSI and its partners and their
officers, directors, employees, agents, licensors, and suppliers
from and against all losses, expenses, damages, and costs,
including reasonable attorney's fees, resulting from any
violation of this Agreement or any activity related to your
use of the Site (including negligent or wrongful conduct)
by you or any other person accessing the Site using your
Site account.
5. Third-Party Rights. The provisions
of this Agreement are for the benefit of WDSI and its partners
and their officers, directors, employees, agents, licensors,
suppliers, and any third-party information providers to
the Site. Each of these individuals or entities shall have
the right to assert and enforce those provisions directly
against you on its own behalf.
6. Term; Termination. This Agreement may
be terminated by WDSI without notice at any time for any
reason. The provisions of Paragraphs 2, 3, 4, 5, and 7 shall
survive any termination of this Agreement.
7. Miscellaneous. This Agreement shall
all be governed and construed in accordance with the laws
of the Commonwealth of Pennsylvania applicable to agreements
made and to be performed in Pennsylvania. You agree that
any legal action or proceeding between WDSI and you for
any purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in Pennsylvania.
Any cause of action or claim you may have with respect to
the Site must be commenced within one (1) year after the
claim or cause of action arises or such claim or cause of
action is barred. WDSI 's failure to insist upon or enforce
strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right.
WDSI may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Exhibit A
Policies
Your participation in online communications occurs in
real time and is not edited, censored, or otherwise controlled
by WDSI. WDSI cannot and does not screen content provided
by users of the Site. Notwithstanding the foregoing, WDSI
reserves the right to monitor content on the Site and to
remove content which WDSI, in its sole discretion, determines
to be harmful, offensive, or otherwise in violation of these
Policies. In order to maintain an informative and valuable
service that meets the needs of the users of the Site and
avoids the harm that can result from disseminating statements
that are false, malicious, violate of the rights of others,
or otherwise harmful, it is necessary to establish the following
rules to protect against abuse:
(i) You may not post or transmit any
message anonymously or under a false name.
(ii) You may not post or transmit any
message, data, image, or program that would violate the
property rights of others, including unauthorized copyrighted
text, images or programs, trade secrets or other confidential
proprietary information, and trademarks or service marks
used in an infringing fashion.
(iii) You may not post or transmit any
message which is libelous, defamatory, or which discloses
private or personal matters concerning any person. You
may not post or transmit any message, data, image, or
program which is indecent, obscene, or pornographic.
(iv) You may not interfere with other
users of the Site.
(v) You may not post or transmit any
file which contains viruses, worms, "Trojan horses," or
any other contaminating or destructive features.
(vi) You may not post or transmit any
message which is harmful, threatening, abusive, or hateful.
Wyomissing Data Systems, Inc. Website
Privacy Policy
Wyomissing Data Systems, Inc. ("WDSI") is
sensitive to privacy issues on the Internet. We believe it
is important for you to know how we use and treat the information
we receive and collect about you through the WDSI Website
(the "Site").
In general, you can visit WDSI on the World
Wide Web without telling us who you are or revealing any personal
information about yourself. Our Web server collects the domain
names, IP addresses and routing information of visitors. This
information is aggregated for the purposes of measuring the
number of visits, average time spent on the Site, pages viewed,
and other similar purposes. WDSI uses this information to
measure the use of our Site and to improve the content of
our Site. We may share this information with other WDSI businesses
and with unaffiliated entities.
There are times, however, when we may need
personal information from you, such as your name, address,
e-mail address, and credit card information in order to respond
to your inquiries, process orders or allow you to access specific
information. We may share such information with other WDSI
businesses. We may disclose any information about you to law
enforcement or other government officials as we, in our sole
discretion, believe necessary or appropriate. We may also
share such information with unaffiliated entities, however
we will not do so unless you have indicated an interest in
having such information shared with unaffiliated entities.
If you register with us online, we may use
this information to provide you with custom information in
support of your needs. A technology called cookies may be
used on certain pages of our Site. A cookie is a tiny element
of data that a Web site can send to your browser, which may
then be stored on your hard drive so the Site can recognize
you when you return. Cookies allow us to provide you with
tailored information and to provide services to you via the
Internet. If your browser permits, you may set your browser
to notify you when you receive a cookie or to reject cookies.
This Site may contain links to other sites
such as WDSI agents, sales affiliates and other organizations,
whose products or services we think may interest you. While
we try to link only to sites that share our high standards
and respect for privacy, we are not responsible for the content
or the privacy practices employed by other sites.
By using this Site, you agree to our Internet
Privacy Policy and to the use of the information we receive
and collect in the manner provided here and in manners that
we notify you of in the future. By providing any personal
information to this Site, users, including without limitation
users in the European Union, fully understand and unambiguously
consent to the collection and processing of such information
in the United States. We reserve the right at our discretion
to modify this Internet Privacy Policy at any time. Your continued
use of this Site following the posting of changes to these
terms means you accept these changes.
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