WebHelps Terms of Use

WEBHELPS TERMS OF USE

These agreements, policies, and notices are part of these Terms of Use:

WhatHelps?, Inc. d/b/a WebHelps ("WebHelps") provides customers with access to a large collection of web-based applications, features, and services (the "Service"). Unless explicitly stated otherwise, any additions to the Service shall be subject to these Terms of Use. You understand and agree that the Service is provided "AS-IS".

Access to and use of the Service is subject to the terms and conditions of these Terms of Use and all applicable laws and regulations. BY ACCESSING THE SERVICES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. WebHelps reserves the right to change these terms and conditions at any time. The changes will appear on this page. By using the Service, you agree in advance to accept any and all changes, with or without notice.

No Reselling. You agree not to sell, resell, lease, give, gift, or otherwise transfer any part of the Service to a third party.

Here are a few examples of what you *cannot* do (this list is NOT exhaustive):

You cannot signup for one, two, several, or unlimited chat rooms and sell, resell, lease, give, gift, or otherwise transfer the room or rooms to other people. All rooms must be used by you, the account owner.
You cannot signup for our IMail® or LISTSERV® list services and give lists to other people. All lists created must be used by you, the account owner.
You cannot signup for multiple message boards and transfer them to other people. All messages boards you create must be used by you, the account owner.
You cannot purchase our Online Community Package and sell your message board, chat room, Knowledge Base, or any other web tool add-on or feature included in the Package to other people. All add-ons/features of your Online Community Package must be used by you, the account owner.

Here are a few examples of things you *can* do:

You may charge people a fee to use your voice chat room
You may charge people a fee to join your community
You may charge people to advertise on your chat room or in your newsletters
You may charge people to place classified advertisements

Multiple Accounts. You may not have more than one (1) FREEbie account at any time. If we discover you have more than one (1) FREEbie account, we will automatically remove, without notice, all but the first account opened. You will permanently lose all files and information that are associated with the removed account(s). You may have more than one of any other type of package or account, although the Service has been designed so that multiple accounts should not be necessary.

Registration Information. In order to use the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration forms (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 WebHelps has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WebHelps has the right to suspend or terminate your membership and, if applicable, your account and refuse any and all current or future use of the Service (or any portion thereof).

You will receive a username and password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your username and password. You agree to immediately notify WebHelps of any unauthorized use of your username and password or any other breach of security. WebHelps cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

You should be aware that if you disclose personal information (e.g., username, password, email address) while using any of the Service, such as on a message board, in a chat room, or on your personal web site, that information can be collected and used by others and may result in unsolicited messages from other parties.

No Warranties. The Service contains information, facts and opinions from various individuals and organizations. The Service is provided on an "as-is" basis without warranties of any kind, either express or implied, including but not limited to warrantes of title or implied warranties of merchantability or fitness for a particular purpose, other than those warrantes which are imposed by and incapable of exclusion, restriction or modification under the laws of the State of Iowa. WebHelps does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement on the Service.

Your use of the Service and the information available thereon is at your own risk. WEBHELPS SHALL BE NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE LOSS, INJURY OR DAMAGE ARISING OUT OF YOUR ACCESS/USE OF, OR YOUR INABILITY TO ACCESS/USE, THE SERVICE AND/OR INFORMATION ON THE SERVICE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST WEBHELPS ARISING OUT OF YOUR USE OF THE SERVICE AND/OR THE INFORMATION AVAILABLE THEREON.

Content. You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. You will be responsible for, and indemnify and hold harmless WebHelps, its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any material that you post or transmit. Although WebHelps may from time to time monitor or review discussions, chats, postings, transmissions, message boards, community web pages and other web tools and customer-created web pages on the Service, WebHelps is not under any obligation to do so. You acknowledge (1) that WebHelps does not control the communications that take place on the Service, including but not limited to, what is posted on message boards, in chat rooms and on customer-created web pages; and (2) that any opinions, advice, statements, services, offers, information or other communications presented or disseminated anywhere on the Service are those of their respective authors who are solely liable for their content.

You understand that all communications, information, data, text, graphics, sounds, photographs, graphics, video, messages or other materials ("Content"), whether publicly or privately posted or transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not WebHelps, are entirely responsible for all Content you upload, post or otherwise transmit via the Service. WebHelps 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. Please be aware that pages hosted by us may contain adult or mature content. Your linking to such pages is at your own risk.

Custom Work. WebHelps ("we") will at all times own any and all code written pursuant to this Request. We may or may not provide you with a copy of the code, in our sole discretion. We specifically reserve the right to use code we write, pursuant to this Request, to apply the same/similar features or functionality to other of our customer's sites, communities, wikis, web tool add-ons and/or the Service, unless you have paid the additional Exclusivity Fee, which guarantees we will not use code written for you to apply the same, or similar, features or functionality to another site, community, wiki, or web tool add-on.

Content Ownership. WebHelps does not claim ownership of the Content you place on the Service's web pages, including but not limited to, your wiki, online community and personal web site's web pages. By publishing Content on your web pages, you grant WebHelps the world-wide, royalty-free, and non-exclusive license to reproduce and publish your Content for the purpose of displaying, distributing, marketing, and promoting the Service, including, but not limited to, the right to place a "Powered By", or similar unanimated text or image link, in a non-prominent position on Service web pages, so long as the text or image link is no larger than 100 pixels wide and 15 pixels tall. In reproducing or publishing your Content, WebHelps will not disclose any personal information about you, your community's members, or your non-member users. This license and right exists only for as long as you continue to be WebHelps customer and shall be terminated at the time your account is terminated.

Any communication or material you transmit or post using the Service is, and will be treated as non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit.

Adult-oriented use of the Service

You designate your account as being adult-oriented;
You do NOT use the Service or any part thereof for the dissemmination of pornography; and
You restrict access to all adult-oriented parts of the Service to individuals aged 18 and older

Bandwidth Allotments/Limitations. WebHelps reserves the right, in its sole discretion, to set maximum total monthly bandwidth usage limitations on all accounts. Current bandwidth limitations will be published in the Frequently Asked Questions, and may be changed from time to time, without notice, in the sole discretion of WebHelps. Should an account exceed the then current monthly bandwidth usage allotment, the account may be suspended and services discontinued until the customer voluntarily increases the account's bandwidth allotment, or a new month begins.

Use of the Service. You may not use any part of the Service in a manner other than was intended, unless you first have obtained written permission from WebHelps to do so. If you do, your account may be closed immediately, without notice and without refund, in our sole discretion.

You agree to not use the Service nor any part thereof to:

upload, post or otherwise transmit 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;
violate any local, state, national or international law;
harm minors in any way;
impersonate any person or entity, including but not limited to, a WebHelps official, site manager, or customer support specialist;
falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
upload, post or otherwise transmit any Content that you do not have a right to transmit 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);
upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose;
upload, post or otherwise transmit 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;
disrupt the normal flow of dialogue or act in a manner that negatively affects other users' ability to communicate;
interfere with or disrupt the Service, or servers, or connected services, or disobey any requirements, procedures, policies or regulations of Services connected to the Service;
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;
"stalk" or otherwise harass another;
collect or store personal data about other users, without their express consent;
promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
use or promote software designed to harvest email addresses.

Abandoned Accounts. WebHelps may terminate any account and dispose of all content associated therewith, that it deems, in its sole discretion, to have been abandoned. An account that has had no significant activity within the preceding 6-month period shall be considered abandoned as a matter of fact.

Sites Linked. WebHelps does not review or monitor any Web sites linked to pages in the Service and is not responsible for the content of any such linked Web sites. Your visiting such Web sites is at your own risk.

Indemnification. You agree to indemnify and hold WebHelps, 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 your Content, your use of the Service, your violation of these Terms of Use, or your violation of any rights of another.

Termination Due to Violation of these Terms. You agree that WebHelps, in its sole discretion, may terminate your membership, account, use of the Service or any part thereof, and remove and discard any web tool, wiki, online community, web site or content within the Service, if WebHelps believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use - without refund.

You agree that any termination of your access to the Service due to violation of any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that WebHelps may immediately deactivate or delete your account and/or membership and all related information and files associated therewith and/or bar any further access to such files or the Service. Further, you agree that WebHelps shall not be liable to you or any third-party for any termination of your access to the Service or the Service's services. Accounts terminated for violation of any provisions of these Terms of Use shall not be entitled to a refund, even during the initial money-back guarantee period.

Non-Violation Termination WebHelps may terminate your account if WebHelps, in its sole discretion, determines at any time that it is unable to provide the service, or level of service, you require. If your account is terminated under this provision within 30 days of the account being opened, WebHelps will refund the full amount of the subscription fee(s) paid by you under the same terms and conditions set for in our Refund Policy. If your account is terminated under this provision more than 30 days after the account was opened, WebHelps will refund the prorated amount of the subscription fee(s) paid in advance by the customer, for the days remaining in the billing cycle.

Advertisements. WebHelps runs advertisements and promotions on certain management and marketing-related web pages on the Service. By creating a WebHelps account, you agree that WebHelps has the right to run such advertisements and promotions on such web pages associated with your account. The manner, mode and extent of advertising by WebHelps is subject to change. 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 WebHelps 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.

Modifications. WebHelps 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. This includes, but is not limited to, the right to modify subscription fees, add-on/extra costs and payment plans. You agree that WebHelps shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, or any part thereof.

We reserve the right, in our sole discretion, to change, modify, add or remove provisions of these Terms at any time. You should check this page periodically for changes. By using the Service after we post changes to these Terms, you agree to accept the changes, whether or not you have reviewed them. If you do not agree to this, you should not use the Service and you should close your account.

Laws Governing. These Terms of Use and any disputes arising out of or related to the Service shall be governed by, and construed and enforced in accordance with, the laws of the State of Iowa.

Violations of these Terms of Use should be reported to us immediately.