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Wegout Policies and Agreements
Please read our Internet Service Agreement.

1. INTRODUCTION.

Wegout, Inc. (“Wegout”) provides its Internet services, as they may exist from time to time (“Services”), to users who pay a monthly service fee to subscribe to the Services (“Members”) as well as to those who access some of our Services but do not have accounts (“Visitors”). By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other policies.

If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 10.

2. SUBSCRIPTION REQUIREMENTS.

Members must be at least 18 years old. Local access dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or other charges. Wegout is not responsible for any long-distance, toll or other telecommunications charges you incur. Toll-free (800 #), international, and simultaneous login access costs are extra. Current prices for Wegout’s Services are posted throughout our website at http://www.Wegout.com. These rates may also be obtained by calling (610) 987-0501. Wegout reserves the right to change prices and institute new fees at any time upon 30 days prior notice.

3. PAYMENT OBLIGATIONS OF A MEMBER.

(a) Members must (i) provide Wegout with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to Wegout all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account.
(b) Members having questions regarding charges to an account, should contact Wegout’s Customer Service Department at (610) 987-0501. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
(c) Charges are billed to Members’ credit cards, as applicable, each month for the basic service and any additional usage or services. Wegout is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Wegout.
(d) If paying by check, payments are due within 30 days after the month in which the charges are incurred and this applies to both Annual and Monthly plans.
(e) If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan.
(f) If you purchase Services through a reseller who in turns pays Wegout, the reseller must pay all amounts owing for your account. If the reseller fails to pay Wegout any amounts due—whether or not you have paid the reseller—your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due.
(g) Delinquent accounts may be suspended or canceled at Wegout’s sole discretion; however, charges will continue to accrue until the account is canceled. Wegout may bill an additional charge to reinstate a suspended account.
(h) Wegout bills for simultaneous logins on an account. This means that multiple users dialing into the same account, at the same time will incur additional charges. All usage plans are billed at one dollar per hour for the length of time all sessions overlap.The simultaneous usage charges are in addition to any other charges in effect for your account. Please note that you are responsible for recognizing when more than one person is logged in at the same time.
(I) Members may cancel at anytime but no returns on unused portions of Monthly Plan apply. Annual Plan members may cancel at anyyime and are entitled to refund of estimated unused portion not greater than the amount of remaining time minus current month and service charge for refund.
(J) You agree to pay all taxes, surcharges, and fees set by the government. We may not always give advance notice of changes to these items.

You are responsible for any charges to your account. Questions regarding charges to an account should be directed to Wegout's Customer Service Department at (888) 286-0994. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old. Charges may be billed to your credit card, debit card or bank account, as applicable, each month for the Service and any additional usage, services, taxes and fees. Wegout is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Wegout. Payment by check is due within 30 days after the month in which the charges are incurred. You agree to maintain valid and current credit card information on file with Wegout at all times.


4. MEMBER'S ACCOUNT, PASSWORD, AND SECURITY.
Upon registration, Members receive a username, password, and account designation. You and members of your household or business, if you have purchased a business account, are the only authorized users of your Wegout account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify Wegout immediately upon discovering any unauthorized use of your account.

Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding the Member's allotted email space may, at Wegout’s discretion, be transferred to a compressed temporary file or storage. Wegout may delete the temporary file from the server 60 days after notifying you. Any free Web site exceeding the amount of space allotted to such Member may be suspended until the Member reduces the disk space usage to the amount of space allotted or less or purchases additional megabytes. Any free Web site exceeding the traffic limits for such Member will be billed for excess traffic. You may establish a commercial or high-volume account by calling (610) 987-0501.

Members agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it. Members agree not to provide any public information services over a dial-up connection.

Wegout may change its POP numbers at any time. Wegout reserves the right to direct Members to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords and email addresses are Wegout’s property and Wegout may alter or replace them at any time.

5. MONITORING THE SERVICES.

Wegout has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Wegout, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Members. Please see our Privacy Policy. Wegout may immediately remove your material or information from Wegout’s servers, in whole or in part, which Wegout, in its sole and absolute discretion, determines to infringe another’s property rights or to violate our Acceptable Use Policy.

6. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.

EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY Wegout, Wegout DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. Wegout HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Wegout DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Wegout MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH Wegout OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY Wegout OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. Wegout AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, Wegout’S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.

7. SOFTWARE LICENSE.

Wegout grants to each Member a limited, nonexclusive, nontransferable and nonassignable license to install and use the Wegout access software (including software from third-party vendors that Wegout distributes; in object code format), its associated documentation, and any updates thereto (“Licensed Programs”) in order to access and utilize the Services. Each Member agrees to use the Licensed Programs solely in conjunction with the Services and for no other purpose. Wegout may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to a Member.

The Licensed Programs constitute confidential and proprietary information of Wegout and Wegout’s licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with Wegout and Wegout’s licensors. Member shall not translate, decompile, reverse engineer, distribute, remarket, or otherwise dispose of the Licensed Programs or any part thereof.

You may not download, use, or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Contractor/manufacturer is Wegout, Inc., P.O. Box 308, Oley Pennsylvania 19547.

8. WEB SITE USAGE.

Our site on the World Wide Web with its home pages in the domain “Wegout.com”, or any other site operated by Wegout (the "Web site") is a complimentary information service offered by Wegout at no charge to users.

We may provide links on the Web site to other Web sites which are not under our control. In general, any Web site which has an address (or URL) which does not contain “Wegout.com”, is such a Web site. These links are provided for convenience only and are not intended
as an endorsement by Wegout of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.

You may provide a hypertext link to our Web site on another Web site, provided that: (a) the link must be clearly marked "Wegout", (b) the link must "point" to the URL "http://www.Wegout.com" and not to any other pages within the Web site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s), (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Wegout , (e) the link, when activated by a user, must display this Web site full-screen and not within a "frame" on the linked Web site, and (f) Wegout may, in its sole discretion, revoke consent to link to our website at any time. All other hypertext links to the Web site must be approved in writing by Wegout.

Some portions of the Web site are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by Wegout. Wegout assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold Wegout harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify Wegout from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Web site is posted at your own risk. Wegout will have no liability arising from use of that information . You shall not use the Web site to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Web site.

Your posting of material on the Web site or providing material to Wegout to use on the Web site will be deemed to be a grant by you to Wegout of a license to the material to include the material on the Web site and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material .

9. TERM OF AGREEMENT.

Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Member, to terminate your account.

10. TERMINATION.

You may terminate your account at any time and for any reason by providing notice of intent to terminate to Wegout by: registered or certified mail, return receipt requested addressed to Wegout P.O. Box 308 Oley, Pennsylvania 19547; or telephone calls directed to Billing Department at (610) 987-0501, option #2. Email termination of your basic Internet access account will not be accepted. To terminate DSL service, you must call (610) 987-0501. To terminate Web Hosting and/or Business Services, you must call (610) 987-0501. Your termination will only be complete upon your receipt of a cancellation confirmation number from Wegout. Charges to your account will stop accruing the day Wegout provides you with a cancellation confirmation number. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation. Email cancellation requests will not be accepted. If your account included space on Wegout’s servers, anything stored on this space will be deleted upon termination. Without prior notice, Wegout may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if Wegout, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. Wegout may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.

Sections 3, 4, 6, and 11 of this Agreement shall survive termination of this Agreement.

11. JURISDICTION.

This Agreement is governed by Pennsylvania law without regard to conflict of law provisions.

The federal and state courts located in Pennsylvania alone have jurisdiction over all disputes arising out of or related to this Agreement and the Services. You consent to the personal jurisdiction of such courts sitting in Pennsylvania with respect to such matters or otherwise between you and Wegout, and waive your rights to removal or consent to removal.

12. MISCELLANEOUS.

This Agreement, the Acceptable Use Policy, the Privacy Policy, and Wegout’s other user policies posted on Wegout’s Web site constitute the entire agreement between you and Wegout with respect to your
use of the Services.

Wegout may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies and agreements, at any time and in any manner. Notice of any revision, amendment, or
modification will be posted on Wegout's Web site (http://www.Wegout.com) and/or on Member's start pages and/or by email and/or in our various publications and mailings to Members.

Ver. 11/15/2004

---------------------------------------------------------------------------------------------------------------------------------------------------------------------

Wegout Terms of Services Agreement

READ THIS AGREEMENT CAREFULLY BEFORE USING
THE Wegout SERVICE.

1. ACCEPTANCE OF TERMS
Wegout provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular Wegout services, you and Wegout shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. DESCRIPTION OF SERVICE

Wegout currently provides users with access to a rich collection of on-line resources, including, dialup access and various communications tools, online forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Wegout properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Wegout assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.


3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Wegout has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Wegout has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Wegout is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must create a Wegout Family Account. When you create a Wegout Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the Wegout Family Account. By adding a child to your Wegout Family Account, you also give your child permission to access all of the Services including email. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.


4. Wegout PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.Wegout.com/privacy


5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Wegout of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Wegout cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.


6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Wegout, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Wegout does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Wegout be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.


You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Wegout official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.



You acknowledge that Wegout does not pre-screen Content, but that Wegout and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Wegout and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Wegout or submitted to Wegout, including without limitation information in Wegout! Message Boards, Wegout! Clubs, and in all other parts of the Service.


You acknowledge and agree that Wegout may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Wegout, its users and the public.


You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.


7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.


8. PUBLIC CONTENT POSTED TO Wegout

(a) For purposes of the TOS, "publicly accessible areas of the Service" are those areas of the Wegout network of properties accessible by the general public. By way of example, a publicly accessible area of the Service would include public Wegout. Message Boards, but would not include private Wegout. Private Wegout communication services such as Wegout Mail , or areas off of the Wegout network of properties such as portions of World Wide Web sites that are accessible through Wegout. Webrings but are not hosted or served by Wegout.


(b) With respect to Content you elect to post for inclusion in publicly accessible areas of Wegout! Clubs or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant Wegout the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific Wegout! Club to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.


(c) With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant Wegout the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.


9. INDEMNITY

You agree to indemnify and hold Wegout, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.


10. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.


11. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Wegout may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Wegout's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Wegout has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Wegout reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Wegout reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.


12. MODIFICATIONS TO SERVICE

Wegout reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Wegout shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.


13. TERMINATION

You agree that Wegout, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Wegout believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Wegout may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Wegout may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Wegout shall not be liable to you or any third-party for any termination of your access to the Service.


14. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Wegout shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.


15. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Wegout has no control over such sites and resources, you acknowledge and agree that Wegout is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Wegout shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.


16. Wegout's PROPRIETARY RIGHTS


You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Wegout or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.


Wegout grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Wegout for use in accessing the Service.


17. DISCLAIMER OF WARRANTIES


YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Wegout EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Wegout MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Wegout OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.



18. LIMITATION OF LIABILITY


YOU EXPRESSLY UNDERSTAND AND AGREE THAT Wegout SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Wegout HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.


19. EXCLUSIONS AND LIMITATIONS


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.


20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS


If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Wegout shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.


21. NOTICE


Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the
Service.


22. TRADEMARK INFORMATION


Wegout logos and product and service names are trademarks of Wegout Inc. (the "Wegout Marks"). Without Wegout's prior permission, you agree not to display or use in any manner, the Wegout Marks.


23. COPYRIGHTS and COPYRIGHT AGENTS


Wegout respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Wegout's Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

a description of the copyrighted work that you claim has been infringed;

a description of where the material that you claim is infringing is located on the site;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


Wegout's Copyright Agent for Notice of claims of copyright infringement on its site can be reached as follows:

By mail:

Copyright Agent
c/o Wegout Inc.
P.O. Box 308
Oley, Pennsylvania, 19547

By phone: (610) 987-0501
By email: copyright@Wegout.com


24. USAGE

Wegout Internet Access Dialup in not intended for Business, Gaming or Commercial usage which consume large amounts of bandwidth over 150 continuous hours per month. We monitor all usage and violation of TOS will result in termination of account. We recommed all such users to purchase DSL or T1 lines if high bandwidth is necessary. Wegout does not endorse or suppot the use of software or setting modifications that will extend connection time. All in violation are subject to termination of account.


25. GENERAL INFORMATION


The TOS constitute the entire agreement between you and Wegout and govern your use of the Service, superceding any prior agreements between you and Wegout. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Wegout shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. You and Wegout agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Berks, Pennsylvania. The failure of Wegout to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.


The section titles in the TOS are for convenience only and have no legal or contractual effect.

26. VIOLATIONS


Please report any violations of the TOS to our Abuse group.



 

 

 

  
 

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