Web Site Hosting Agreement
1. Services
a. Services. Host agrees to perform and provide to Client,
services consisting of non-exclusive electronic access to
a digital information processing, transmission and storage
system ("Server") to store Client's web site ("Site")
and make the Site available on and via the global computer
communications network ("Internet") as specified
herein and in Exhibit A ("Payment Terms and Schedules").
The Hosting Services and any Additional Services are collectively
referred to as the "Services." Client agrees that
the Services shall not include any web site development services,
authorship or creation with respect to the Site.
b. Availability of
Services. Subject to the terms and conditions of this Agreement,
Host shall attempt to provide the Services for twenty-four
(24) hours a day, seven (7) days a week throughout the term
of this Agreement. Client agrees that from time to time the
Services may be inaccessible or inoperable for any reason,
including, without limitation: (i) equipment malfunctions;
(ii) periodic maintenance procedures or repairs which Host
may undertake from time to time; or (iii) causes beyond the
control of Host or which are not reasonably foreseeable by
Host, including, without limitation, interruption or failure
of telecommunication or digital transmission links, hostile
network attacks, network congestion or other failures. Client
agrees that Host has no control, nor does it guarantee, availability
of Services on a continuous or uninterrupted basis. Notification
will be made via email no less than 10 business days in advance
to the Client by the Host for planned outages, including expected
length of time for outage. Notification of unplanned or emergency
outages will be made via email to the Client by the Host as
needed and will include an estimate of time to return normal
site functionality.
c. Host Materials.
In connection with performance of the Services and at the
sole discretion of Host with no obligation, Host may provide
to Client certain materials, including, without limitation,
computer software (in object code or source code form), data,
documentation or information developed or provided by Host
or its suppliers under this Agreement, domain names, electronic
mail addresses and other network addresses assigned to Client,
and other know-how, methodologies, equipment, and processes
used by Host to provide the Services to Client ("Host
Materials").
d. Client Content.
Client shall be solely responsible for providing, updating,
uploading and maintaining the Site and any and all files,
pages, data, works, information and/or materials on, within,
displayed, linked or transmitted to, from or through the Site,
including, without limitation, trade or service marks, images,
photographs, illustrations, graphics, audio clips, video clips,
email or other messages, metatags, domain names, software
and text ("Client Content"). The Client Content
shall also include any registered domain names provided by
Client or registered on behalf of Client in connection with
the Services.
e. Abuse of Services.
Any use of Cleveland Webworks system resources that disrupts
the normal use of the system for other Cleveland Webworks
customers is considered to be abuse of system resources and
is grounds for administrative intervention. Some examples
of system abuse include but are not limited to spawning dozens
of processes, consuming excessive amounts of memory or CPU
for long periods of time, spamming or mass emailing using
internal or external mail and/or news servers. Without limiting
the scope of the above, Cleveland Webworks forbids the storage
of illegal/pirated software (warez), the use of any type of
IRC bot and/or proxy (including, but not limited to, bnc and
eggdrop) and the storage and use of any type of software intended
for hacking/cracking purposes.
Depending on the nature
and the severity of the abuse, the user may receive an E-mail
warning or have their account suspended by Cleveland Webworks
Technical Support. If the misuse is unintentional, the suspension
may be rescinded following discussion with Cleveland Webworks
Technical Support. If the misuse is intentional, the suspension
may be rescinded at the discretion of the Operations Manager,
and may require the payment of a service reconnection charge.
Occasionally, unintentional misuse is misclassified as intentional
misuse. Customers who believe their activity has been misclassified
may appeal to the Operations Manager.
Violations of any of
the Cleveland Webworks conditions of use are unethical and
may be criminal offenses. You are expected to report to Cleveland
Webworks any information you may have concerning instances
in which the conditions of use have been or are being violated.
When Cleveland Webworks becomes aware of possible violations,
we will initiate an investigation. At the same time, in order
to prevent further possible unauthorized activity, Cleveland
Webworks may suspend access to services to the individual
account in question. Confirmation of violations may result
in cancellation of the individual account and/or criminal
prosecution. The account suspension may be rescinded at the
discretion of the Operations Manager.
2. Licenses and Proprietary
Rights
a. License of Client Content. Client grants to Host, and Host
accepts from Client, a non-exclusive, worldwide and royalty
free license to copy, display, use and transmit on and via
the Internet the code created to deliver the Client Content.
All distribution of content will be for the Client's use and
benefit and at the Client's discretion.
b. License of Host
Materials. In consideration of Client's payment of all compensation
to Host pursuant to Section 4 and Exhibit A, Host grants to
Client, and Client accepts from Host, a limited, non-transferable,
non-exclusive license, for the term of this Agreement, to
copy and use the Host Materials, solely in connection with
the Site and for Client's internal business purposes.
3. Site and Services
Terms and Limitations
a. Storage and Security. At all times, Client shall bear full
risk of loss and damage to the Site and all Client Content.
Client shall be solely responsible for undertaking measures
to: (i) prevent any loss or damage to Client Content; (ii)
maintain independent archival and backup copies of the Site
and all Client Content; (iii) ensure the security, confidentiality
and integrity of all Client Content transmitted through or
stored on the Server; and (iv) ensure the confidentiality
of Client's password. The Server, Host and Services are not
an archive and Host shall have no liability to Client or any
other person for loss, damage or destruction of any Client
Content. If Client's password is lost, stolen or otherwise
compromised, Client shall promptly notify Host, whereupon
Host shall suspend access to the Services by use of such password
and issue a replacement password to Client's authorized representative.
b. Acceptable Use Policy.
Client is solely responsible for all acts, omissions and use
under and charges incurred with Client's account or password
or in connection with the Site or any Client Content displayed,
linked, transmitted through or stored on the Server. Client
agrees not to engage in unacceptable use of any Services,
which includes, without limitation, use of the Services to:
(i) Disseminate or transmit unsolicited messages, chain letters
or unsolicited commercial email;
(ii) Disseminate or transmit any material that, to a reasonable
person may be abusive, obscene, pornographic, defamatory,
harassing, grossly offensive, vulgar, threatening or malicious;
(iii) Disseminate or transmit files, graphics, software or
other material, data or work that actually or potentially
infringes the copyright, trademark, patent, trade secret or
other intellectual property right of any person;
(iv) Create a false identity or to otherwise attempt to mislead
any person as to the identity, source or origin of any communication;
(v) Export, re-export or permit downloading of any message
or content in violation of any export or import law, regulation
or restriction of the United States and its agencies or authorities,
or without all required approvals, licenses and/or exemptions;
(vi) Interfere, disrupt or attempt to gain unauthorized access
to any computer system, server, network or account for which
Client does not have authorization to access or at a level
exceeding Client's authorization;
(vii) Disseminate or transmit any virus, trojan horse or other
malicious, harmful or disabling data, work, code or program;
or
(viii) Engage in any other activity deemed by Host to be in
conflict with the spirit or intent of this Agreement or any
Host policy.
c. Rights of Host.
Client agrees that Host may, in its sole discretion, remove
or disable access to all or any portion of the Site or Client
Content stored on the Server at any time and for any reason.
Host has no obligation to monitor the Site or any Client Content,
but reserves the right in its sole discretion to do so.
4. Payment Terms
a. Payment. Client shall pay Host for the Services and license
hereunder at Section 2(b) the amounts set forth at Exhibit
A, and at such times provided by the payment schedule specified
therein. Host expressly reserves the right to change its rates
charged hereunder for the Services at any time, upon thirty
(30) days notice to Client. In the event that Client exceeds
the scope of the Services as set forth at Exhibit A (for example,
available bandwidth, CPU or disk utilization space), Client
shall pay Host for such additional services not within the
scope of the Services as specified at Exhibit A or at Host's
then current rates.
b. Taxes. Client shall
pay all taxes, duties and levies of any governmental authority,
exclusive of taxes on Host's net income. If Client claims
exemption from any taxes resulting from this Agreement, Client
shall provide Host with documentation required by the taxing
authority to support an exemption.
c. Invoices. Client
agrees that amounts of any unpaid invoice aged forty-five
days or over (45) shall accrue interest at one and one half
percent (1.5%) per month. Client shall pay all costs of collection,
including reasonable attorney's fees and costs, in the event
any invoice requires collection efforts.
5. Warranties and Disclaimer
a. Host Warranties. Host warrants to Client that: (i) Host
has the right and authority to enter into and perform its
obligations under this Agreement; (ii) Host shall perform
the Services in a commercially reasonable manner; and (iii)
that the Services, throughout the term of this Agreement shall
conform substantially to the specifications as set forth at
Exhibit A. Client's sole remedy in the event of any breach
of this warranty will be for Host to take reasonable commercial
efforts for thirty (30) days to cause the Services to conform
substantially to the specifications as set forth at Exhibit
A.
b. Client Warranties.
Client represents and warrants to Host that: (i) Client has
the power and authority to enter into and perform its obligations
under this Agreement; (ii) Client Content does not and shall
not contain any content, materials, data, work, trade or service
mark, trade name, link, advertising or services that actually
or potentially violate any applicable law or regulation or
infringe or misappropriate any proprietary, intellectual property,
contract or tort right of any person; and (iii) Client owns
the Client Content and all proprietary or intellectual property
rights therein, or has express written authorization from
the owner to copy, use and display the Client Content on and
within the Site.
c. Disclaimer of Warranty.
EXCEPT AS EXPRESSLY STATED AT SECTION 5(a), THE WARRANTY SET
FORTH IN THIS SECTION IS THE SOLE AND EXCLUSIVE WARRANTY FOR
ANY FAILURE BY HOST. HOST DOES NOT MAKE, AND HEREBY DISCLAIMS,
ANY AND ALL OTHER EXPRESS, IMPLIED, OR STATUTORY WARRANTIES,
INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT,
AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE
OF PERFORMANCE, OR TRADE USAGE. HOST DOES NOT WARRANT THAT
THE SERVICES UNDER THIS AGREEMENT SHALL BE PROVIDED UNINTERRUPTED
OR WITHOUT ERROR.
6. Limitation of Liability
EXCLUSIVE OF LIABILITY UNDER SECTION 7 (INDEMNIFICATION),
IN NO EVENT SHALL HOST BE LIABLE TO CLIENT OR ANY OTHER PERSON
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER ARISING
OUT OF OR RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER,
WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT,
TORT OR OTHERWISE, EVEN IF HOST HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. HOST'S TOTAL LIABILITY FOR DAMAGES SHALL
BE LIMITED TO THE TOTAL FEES PAID BY CLIENT TO HOST HEREUNDER
FOR THE ONE (1) YEAR PERIOD PRIOR TO ANY ACT OR OMISSION GIVING
RISE TO ANY POTENTIAL LIABILITY.
7. Indemnification
a. By Client. Client agrees to indemnify, hold harmless and
defend Host and its directors, officers, employees and agents
from and against any action, claim, demand, dispute, or liability,
including reasonable attorney's fees and costs, arising from
or relating to: (i) Client's breach of this Agreement; (ii)
any negligence or willful misconduct of Client; (iii) any
allegation that the Site or Client Content infringes a third
person's copyright, trademark or proprietary or intellectual
property right, or misappropriates a third person's trade
secrets; or (iv) any action or conduct of Host undertaken
pursuant to this Agreement. Client agrees that Host shall
have the right to participate in the defense of any such claim
through counsel of its own choosing.
b. By Host. Host agrees
to indemnify, hold harmless and defend Client and its directors,
officers, employees and agents from and against any action,
claim, demand or liability, including reasonable attorney's
fees and costs, arising from or relating to any allegation
that the Host Materials infringe a third person's copyright,
trademark or proprietary or intellectual property right, or
misappropriates a third person's trade secrets.
8. Term and Termination
a. Term. The term of this Agreement shall commence on the
Effective Date and shall continue thereafter for one (1) year,
unless sooner terminated by either party. This Agreement shall
renew automatically for successive one (1) year terms unless
terminated by either party with thirty (30) days of the expiration
of the prior term.
b. Termination. This
Agreement may be terminated: (i) by Client upon sixty (60)
days written notice to Host; (ii) by Host, thirty (30) days
to Client; or (iii) by a written agreement executed by the
parties; or (iv) immediately upon instruction by a government
agency or body. Notwithstanding the foregoing, Host reserves
the right, in its sole discretion and without notice, at any
time and for any reason, to suspend Client's access to or
use of the Server, Services or any portion thereof.
c. Rights Upon Termination.
In the event this Agreement is terminated for any reason,
Client shall pay Host, on a pro rata basis, for all Services
provided to Client up to the date of termination.
9. General
a. Independent Contractors. The parties and their respective
personnel, are and shall be independent contractors and neither
party by virtue of this Agreement shall have any right, power
or authority to act or create any obligation, express or implied,
on behalf of the other party.
b. Assignment. Client
may not assign, unless pursuant to written permission by Host,
any of its rights, duties or obligations under this Agreement
to any person or entity, in whole or in part, and any attempt
to do so shall be deemed void and/or a material breach of
this Agreement.
c. Waiver. No waiver
of any provision hereof or of any right or remedy hereunder
shall be effective unless in writing and signed by the party
against whom such waiver is sought to be enforced. No delay
in exercising, no course of dealing with respect to, or no
partial exercise of any right or remedy hereunder shall constitute
a waiver of any other right or remedy, or future exercise
thereof.
d. Severability. If
any provision of this Agreement is determined to be invalid
under any applicable statute or rule of law, it is to that
extent to be deemed omitted, and the balance of the Agreement
shall remain enforceable.
e. Notice. All notices
shall be in writing and shall be deemed to be delivered when
received by certified mail, postage prepaid, return receipt
requested, or when sent by facsimile or e-mail confirmed by
call back. All notices shall be directed to the parties at
the respective addresses given above or to such other address
as either party may, from time to time, designate by notice
to the other party.
f. Amendment. No amendment,
change, waiver, or discharge hereof shall be valid unless
in writing and signed by both parties.
g. Law. This Agreement
shall be governed in all respects by the laws of the State
of Ohio without regard to its conflict of laws provisions.
In the event there is any dispute as to any matter arising
out of or by reason of the existence of this Agreement, the
parties hereby agree that any court of competent jurisdiction
in Cuyahoga County, Ohio shall have sole jurisdiction to resolve
such dispute.
h. Survival. The definitions
of this Agreement and the respective rights and obligations
of the parties under Sections 1(d), 2(a), 2(c), 3, 4, 5(b),
5(c), 6, 7, 8(c) and 9 shall survive any termination or expiration
of this Agreement.
i. Force Majeure. If
the performance of any part of this Agreement by either party
is prevented, hindered, delayed or otherwise made impracticable
by reason of any flood, riot, fire, judicial or governmental
action, labor disputes, act of God or any other causes beyond
the control of either party, that party shall be excused from
such to the extent that it is prevented, hindered or delayed
by such causes.
j. Entire Agreement.
This Agreement, together with Exhibits A, which are incorporated
by reference, constitutes the complete and exclusive statement
of all mutual understandings between the parties with respect
to the subject matter hereof, superseding all prior or contemporaneous
proposals, communications and understandings, oral or written.
k. Changes in Terms.
Cleveland Webworks reserves the right to make changes to the
terms and conditions of this Agreement as well as discontinue
or vary the services offered to the client at the Host's discretion.
Utilization of the service by the client following the effective
date of such change shall constitute acceptance by the client
of such change(s).
__________________________________________________ ______________________
Cleveland Webworks Representative Date
__________________________________________________ ______________________
Date
________________________ by its ____________________
PERSONAL GUARANTY
The undersigned, for
valuable consideration including, but not limited to, Cleveland
Webworks, 's consent to allow access to its digital information
processing, transmission and storage system, hereby personally
guarantees the payment of all obligations of ______________________________________to
Cleveland Webworks, under this Agreement, and the undersigned
hereby agrees to be bound to pay Cleveland Webworks, , on
demand, any sum which may become due as a result of any default
under the terms and conditions of the Agreement. It is expressly
understood that this guaranty shall be a continuing and irrevocable
guaranty. It is further understood that the undersigned agrees
to be responsible for the payment of all costs and expenses,
including reasonable attorney fees that may be incurred by
Cleveland Webworks, in the enforcement of this guaranty.
This guaranty shall
bind my executors, administrators, successors and assigns,
and shall remain in full force and effect unless and until
cancelled by another written document fully executed by me
and expressly agreed to by Cleveland Webworks,
____________________________ ______________________________
Witness Signature
____________________________
______________________________
Witness (Print Name)
Email
Usage Agreement
Terms and Conditions of Email Usage Agreement
Usage of our services requires agreement with the following
policies. You are expected to use your Internet email account(s)
with respect, courtesy, and responsibility, giving due regard
to the rights of other users. We expect you to have a basic
knowledge of how the Internet functions, the types of uses which
are generally acceptable, and the types of uses which are to
be avoided. Common sense is the best guide as to what is considered
acceptable use. The following are examples of unacceptable uses:
Illegality in any form, including but not limited to activities
such as unauthorized distribution or copying of copyrighted
software, violation of U.S. export restrictions, harassment,
fraud, trafficking in obscene material, drug dealing, and other
illegal activities.
Interpretation
The provisions of this Policy are intended as guidelines and
are not meant to be exhaustive. Generally, conduct that violates
law, regulation, or the accepted norms of the Internet community,
whether or not expressly mentioned in this Policy, is prohibited.
Cleveland Webworks reserves the right at all times to prohibit
activities that damage its commercial reputation and goodwill.
Illegal Use
Cleveland Webworks email servers may be used only for lawful
purposes. Transmission, distribution or storage of any material
in violation of any applicable law or regulation is prohibited.
This includes, without limitation, material protected by copyright,
trademark, trade secret or other intellectual property right
used without proper authorization, and material that is obscene,
defamatory, constitutes an illegal threat, or violates export
control laws.
Examples of non-acceptable content or links: "Pirated
software", "Hackers programs or archives",
"Warez Sites", "Irc Bots" etc. We will
be the sole arbiters as to what constitutes a violation of
this provision.
System and Network
Security
Violations of system or network security are prohibited, and
may result in criminal and civil liability. Examples include,
but are not limited to the following: Unauthorized access,
use, probe, or scan of a systems security or authentication
measures, data or traffic. Interference with service to any
user, host or network including, without limitation, mail
bombing, flooding, deliberate attempts to overload a system
and broadcast attacks. Forging of any TCP-IP packet header
or any part of the header information in an email or a newsgroup
posting.
Tortuous Conduct
No one shall post defamatory, scandalous, or private information
about a person without their consent, intentionally inflicting
emotional distress, or violating trademarks, copyrights, or
other intellectual property rights.
Spamming
Sending unsolicited mail messages, including, without limitation,
commercial advertising and informational announcements, is
explicitly prohibited. A user shall not use another site's
mail server to relay mail without the express permission of
the site.
It is a violation of Cleveland Webworks policy for customers
to use our servers to effect or participate in any of the
following activities:
1. To post to any Usenet or other newsgroup, forum, e-mail
mailing list or other similar group or list articles which
are off-topic according to the charter or other owner-published
FAQ or description of the group or list;
2. To send unsolicited mass e-mailings, if such unsolicited
e-mailings provoke complaints from the recipients;
3. To engage in any of the foregoing activities using the
service of another
4. To falsify user information provided to Cleveland Webworks
or to other users of the service in connection with use of
a Cleveland Webworks service.
If you feel that one of our clients has violated this policy,
please report the infraction (with as much detail as possible
-- if forwarding an email please include full headers) to
webmaster@Cleveland Webworks.com
Client Signature
Date
Courtesy
Services
Does Include on a Monthly
Basis
o Occasional Misspellings
o Address or phone number changes
o Swap or additional "linked-to" objects such as
one PDF file or Word Document
Does Not Include
The following types of work can be performed by Cleveland
Webworks but are not included as courtesy updates. As a service
provider, we would be glad to provide a quote for the following
types of work:
o Creation or alteration of any site images or graphics
o New page or site section additions
o Page reconstruction that incorporates new images or text
o Cascading Style Sheet (CSS) work or any design
o Complete site redesign
o Cumulative redesign
o Data design and database development
Hosting Service Changes
and Process
o Monthly updates are no longer based on a percentage (example
20%)
o All site updates must be provided in email form and sent
to the Cleveland Webworks Webmaster
o You're account must be current and paid to date or your
requested changes will not be made
o These alterations are not cumulative, meaning; changes not
used in one month do not carryover to the next.
o Work performed may be reviewed at the client's request
o If changes that are sent are above the limitations sent
here, the client will be notified via email immediately and
a quote will be generated for the work to be performed.
o Updates and changes will be made according to priority and
when they arrive in our updating queue. The normal turn around
time for updates is 24 business hours or less, but may be
extended pending the current projects.
o We have included our web site hosting agreement for you
to review.
Here's the easy part - remember that
you may always call or send us the changes and we will review
them with you before beginning any work. As always, meetings
and telephone calls to review your site are at no charge.
We strongly recommend an annual review meeting with us to
go over your site and review business objectives and what
others are having success with. If you are in a business that
has significant competition, you will find that visual presentation
and functional capabilities of your competitor's site are
constantly improving.
Legal
Cleveland Webworks maintains this Web site for the purposes
of information, education and communication. This Web site is
intended for access and use only by residents of the United
States. Nothing contained in this Web site should be construed
as a promotion or solicitation for any product or for the use
of any product in a particular way which is not authorized by
the laws and regulations of the country where the user is located.
Your access to and use of this Web site is subject to the following:
(1) This web site is
designed to provide accurate and authoritative information
in regard to the subject matter covered. It is published with
the understanding that Cleveland Webworks. is not rendering
any legal advice for any particular case. If legal advice
or expert assistance is required in a specific case or legal
matter, the services of a competent professional should be
sought. It is also understood that the laws on this subject
may change from time to time, therefore any attorney, legal
professional or individual reading the content in this web
site, should contact Cleveland Webworks with questions regarding
the current status of the law.
(2) Cleveland Webworks
goal is to ensure that the information on this Web site is
accurate and up to date but makes no representations, warranties
or assurances (express or implied) as to the accuracy, currency
or completeness of such information. Cleveland Webworks shall
not be liable for any damage or injury which may arise from
the use of or reliance upon any information provided in this
Web site or from your inability to access the Web site. Cleveland
Webworks assumes no responsibility, and shall not be liable
for any damage or injury to you, your computer or other personal
property including but not limited to damages caused by viruses
that infect your computer equipment or other property on account
of your access to our Web site or from your downloading of
any materials, data, text, images, video or audio, or other
items from the Web site.
(3) Some links in this
Web site may lead to Web sites which are not under the control
of Cleveland Webworks. When you visit any of those Web sites
you will leave the Cleveland Webworks Web site and Cleveland
Webworks will accept no responsibility or liability in respect
of the material or any Web site which is not under the control
of Cleveland Webworks. External sites are not endorsed by
Cleveland Webworks and Cleveland Webworks makes no representation
or warranty as to the content contained in any such external
Web site.
(4) These terms of
use and your use of the Web site shall be governed by and
construed in accordance with the laws of the State of Ohio.
If any provision of these terms of use shall be deemed unlawful,
void or for any reason unenforceable, that provision shall
be deemed void but shall not affect the validity and enforceability
of the remaining provisions.
(5) Cleveland Webworks
hereby authorizes you to copy materials published by it on
this Web site for your non-commercial, private use only, provided
any copy of these materials which you make shall retain all
copyright and other proprietary notices and disclaimers contained
herein.
(6) This Web site is
provided as a service to its visitors. Cleveland Webworks
reserves the right to delete, modify or supplement the content
of this Web site at any time for any reason without notification
to anyone.
(7) Please view our
Internet Privacy Policy for information as to how we collect
and use information collected or received through this Web
site.
(8) Copyright Information:
All content of this Web site is owned or used by permission
by Cleveland Webworks and is protected by applicable copyright
laws worldwide.
(a) Reproduction of
images and other Copyrighted Material. As with any image,
possession of a copy of a digitized image does not give unrestricted
rights to use it. The copyright of an image is generally owned
by the photographer and only the copyright owner, or the owner's
legal representative, can grant permission to copy, distribute,
or publicly display the image.
(b) It is illegal to
reproduce photographs taken by a professional photographer
or other copyrighted material without the permission of the
copyright owner.
(c) Use of Information
on this Web site. The copyrights of the images and other material
on this Web site are owned by Cleveland Webworks or the individual
photographers who have authorized their use on this Web site.
(d) Use of Other Images and Information. Other images and
information may be downloaded, reprinted and reproduced for
non-commercial, private purposes. Other images and information
may not be manipulated or altered without the express permission
of Cleveland Webworks or the photographer.
(9) Trademark Information:
Ownership of Trademarks. ® / denote trademarks
of Cleveland Webworks Incorporated and/or its affiliates or
subsidiaries unless otherwise indicated. These trademarks
as well as the trade name, service marks, trade dress and
products ("Intellectual Property") contained on
this Web site are protected in the United States and internationally.
Except to accurately identify the Cleveland Webworks products
or services, no use of any of the Intellectual Property may
be made without the prior express written authorization of
Cleveland Webworks.
Privacy
COMMITMENT TO YOUR PRIVACY
Because we gather certain types of information about our users,
we feel you should fully understand the terms and conditions
surrounding the capture and use of that information. This privacy
statement discloses what information we gather and how we use
it. Cleveland Webworks gathers two types of information about
users:
1. Information that users provide through optional, voluntary
submissions. These are voluntary submissions to receive our
electronic newsletters, to participate in our message boards
or forums, to email a friend, and from participation in polls
and surveys:
2. Information Cleveland Webworks gathers through aggregated
tracking information derived mainly by tallying page views throughout
our sites. This information allows us to better tailor our content
to readers' needs and to help our advertisers and sponsors better
understand the demographics of our audience. Under no circumstances
does Cleveland Webworks divulge any information about an individual
user to a third party.
USAGE TRACKING
Cleveland Webworks tracks user traffic patterns throughout
all of our sites. However, we do not correlate this information
with data about individual users. Cleveland Webworks does
break down overall usage statistics according to a user's
domain name, browser type, and MIME type by reading this information
from the browser string (information contained in every user's
browser).
Cleveland Webworks
sometimes tracks and catalogs the search terms users enter
in our Search function, but this tracking is never associated
with individual users. We use tracking information to determine
which areas of our sites users like and don't like based on
traffic to those areas. We do not track what individual users
read, but rather how well each page performs overall. This
helps us continue to build a better service for you.
COOKIES
We may place a text file called a "cookie" in the
browser files of your computer. The cookie itself does not
contain Personal Information although it will enable us to
relate your use of this site to information that you have
specifically and knowingly provided. But the only personal
information a cookie can contain is information you supply
yourself. A cookie can't read data off your hard disk or read
cookie files created by other sites. Cleveland Webworks uses
cookies to track user traffic patterns (as described above).
Our advertising system delivers a one-time cookie to better
track ad impressions and click rates.
You can refuse cookies by turning them off in your browser.
If you've set your browser to warn you before accepting cookies,
you will receive the warning message with each cookie. You
do not need to have cookies turned on to use this site. However,
you do need cookies to participate actively in message boards,
forums, polling and surveys.
USE OF INFORMATION
Cleveland Webworks uses any information voluntarily given
by our users to enhance their experience in our network of
sites, whether to provide interactive or personalized elements
on the sites or to better prepare future content based on
the interests of our users.
As stated above, we
use information that users voluntarily provide in order to
send out electronic newsletters and to enable users to participate
in polls, surveys, message boards, and forums. We send out
newsletters to subscribers on a regular schedule (depending
on the newsletter), and occasionally send out special editions
when we think subscribers might be particularly interested
in something we are doing. Cleveland Webworks never shares
newsletter mailing lists with any third parties, including
advertisers, sponsors or partners.
When we use tracking
information to determine which areas of our sites users like
and don't like based on traffic to those areas. We do not
track what individual users read, but rather how well each
page performs overall. This helps us continue to build a better
service for you. We track search terms entered in Search function
as one of many measures of what interests our users. But we
don't track which terms a particular user enters.
Cleveland Webworks
creates aggregate reports on user demographics and traffic
patterns for advertisers, sponsors and partners. This allows
our advertisers to advertise more effectively, and allows
our users to receive advertisements that are pertinent to
their needs. Because we don't track the usage patterns of
individual users, an advertiser or sponsor will never know
that a specific user clicked their ad. We will not disclose
any information about any individual user except to comply
with applicable law or valid legal process or to protect the
personal safety of our users or the public.
SHARING OF THE INFORMATION
We will not share information about individual users with
any third party, except to comply with applicable law or valid
legal process or to protect the personal safety of our users
or the public.
SECURITY
Cleveland Webworks operates secure data networks protected
by industry standard firewall and password protection systems.
Our security and privacy policies are periodically reviewed
and enhanced as necessary and only authorized individuals
have access to the information provided by our customers.
YOUR CONSENT
By using this site, you consent to the collection and use
of this information by Cleveland Webworks. If we decide to
change our privacy policy, we will post those changes so that
you are always aware of what information we collect, how we
use it, and under what circumstances we disclose it.
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