Dallas Web Works Inc provides this web site located at www.dallaswebworks.net (this "Site") and related domain name registration and hosting services (the "Service") subject to your compliance with the terms and conditions set forth below (the "Terms"). Please read these Terms carefully because it constitutes a legally binding contract between you and Dallas Web Works Inc and governs your use of this Site and the Service. In addition, Dallas Web Works Inc provides downloadable software (including any updates, enhancements or upgrades thereto) (the "Product"). Should you choose to install and/or use Dallas Web Works Inc Product, such installation and use will be governed by the Software Use Agreement accompanying the Product. In an effort to comply with the Children's Online Privacy Protection Act, Dallas Web Works Inc will not knowingly collect personally identifying information from children under the age of 13.

1. Acceptance of Terms, Agreement.



Please read these Terms and our Standard Privacy Policy carefully before using the Site or the Service. These Terms represent a legal agreement between you (either an individual or a single entity), as an end user, and Dallas Web Works Inc. By using the Site or the Service, you agree to be bound by all of the terms and conditions stated in these Terms and to comply with our Standard Privacy Policy. If you do not wish to be bound by the conditions of these Terms, you may not access or use the Site or the Service. Dallas Web Works Inc may revise these Terms or the Standard Privacy Policy at any time without notice and such modifications shall be deemed effective immediately upon posting of the modified Terms or Standard Privacy Policy, as the case may be. You agree to review these Terms and the Standard Privacy Policy periodically to be aware of such modifications and your continued access or use of the Site or the Service shall be deemed conclusive acceptance by you of the modified Terms or Standard Privacy Policy, as the case may be. If any changes or modifications to these Terms or Standard Privacy Policy are unacceptable to you, you should cease using the Site and/or the Service.



2. Use of the Site; Registration Obligations
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Certain of the services offered on the Site are only accessible to registered members or users of the Site. If you choose to register as a user, then, in consideration of your use of the services available to registered users, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being referred to herein as the "Registration Data") and (ii) 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 if Dallas Web Works Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dallas Web Works Inc has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). By registering for the Site, you represent and warrant that you are at least thirteen (13) years of age and that you agree to comply with the terms and conditions of these Terms and our Standard Privacy Policy.
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, account, and other confidential information relating to your account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Dallas Web Works Inc 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. You are responsible for any unauthorized use of your password or account or any other breach of security. Dallas Web Works Inc cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5(b). If Dallas Web Works Inc. terminates your use of the Site for any reason, you may not access the Site in any manner or for any reason without the express written permission of Dallas Web Works Inc.; nor will you allow any party whose use of the Site has been terminated by Dallas Web Works.net to use your member name to access the Site.

3. Cookies




A cookie is a way for web sites to recognize whether or not you have visited the site before. It is a piece of data given to a browser by a web server, so that the browser will hand it back to the server on subsequent visits.

Dallas Web Works uses cookies in places where you need to register or where you are able to customize the information you see. Recording a cookie at such points makes your online experience easier, faster and more personalized, since your preferences are recorded for your future use.

Although there has been some debate over the privacy implications of cookies, they cannot read your hard drive nor can they be used to reveal anything about you that you have not already explicitly revealed. You understand that all content, including, without limitation all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") posted to the Site or otherwise made available through the Site, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. To the extent possible and appropriate, information presented on the Site will be supported by clear references to source data. The content comes from sources believed to be accurate but may contain inaccuracies. Dallas Web Works Inc. will try to identify the source, date and author where possible, but makes no representation about the validity of any information presented. Dallas Web Works.net does not guarantee the accuracy, integrity or quality of such Content. You understand and agree that by using the Site you may be exposed to Content that is offensive, indecent or objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Dallas Web Works Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for loss or damage of any kind incurred as a result of the use of any Content posted or transmitted via the Site.
You acknowledge that Dallas Web Works Inc. and its designees shall have the right (but not the obligation) in their sole discretion to refuse to store or transmit or to remove any Content that is posted to, transmitted over or otherwise avail able via the Site. Without limiting the foregoing, Dallas Web Works Inc. and its designees shall have the right to remove any Content that violates these Terms or is otherwise objectionable.You acknowledge and agree that Dallas Web Works Inc. may preserve Content and also may disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates any third party rights; or (iv) protect the rights, property, or personal safety of Dallas Web Works.net, its users and the public.
A user's personal information may be transmitted over third party carriers and equipment outside the control of Dallas Web Works Inc. There is always the risk of loss, misuse or alteration by third parties or personal information. Dallas Web Works Inc. assumes no liability for or relating to the entry, delay, failure, loss, interruption or corruption of any data or other information which is transmitted for any purpose.



4. Standard Privacy Policy.



You agree that Dallas Web Works Inc. shall have the right to use or disclose any information collected from you or provided by you incident to your use of this Site or your use of the Service as set forth in the Dallas Web Works Inc. Standard Privacy Policy.



5. Modifications to Site; Termination.



Dallas Web Works Inc. reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or the Service (or any part thereof) with or without notice except for modifications to the Dispute Policy, which shall be effective thirty (30) days from posting on this Site. You agree that Dallas Web Works Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the Service. Dallas Web Works Inc. may, in its sole discretion and at any time discontinue providing the Site, or any part of the Site or the Service, at any time without prior notice and without further obligation to you.
You understand that Dallas Web Works Inc. may permit third party product and service providers ("Third Party Vendors") to advertise or offer their products and services on this Site ("Third Party Products") or have links to their own web sites ("Linked Sites") in order to facilitate the provision of Third Party Products to you. However, you acknowledge and agree that at no time is Dallas Web Works.net making any representation or warranty regarding any Third Party Products, nor will Dallas Web Works Inc. be liable to you or any third party for any claims arising from or in connection with such Third Party Products. You also understand and agree that the Linked Sites are not under the control of Dallas Web Works Inc. and Dallas Web Works Inc. is not responsible for the contents of any Linked Site or any link contained in a Linked Site, or any changes or updates to such Linked Sites. Dallas Web Works Inc. is not responsible for webcasting or any other form of transmission received from any Linked Site. Dallas Web Works Inc. is providing these links to Linked Sites to you only as a convenience, and the inclusion of any link does not imply endorsement by Dallas Web Works Inc. of the Linked Site.

6. Dallas Web Works Inc. Proprietary Rights
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You acknowledge and agree that the Site, including without limitation, any content, services and software available through or used in connection with the Site 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 Site or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Dallas Web Works Inc. or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or any content, services or software available through or used in connection with the Site, in whole or in part

7. Waiver of Claims.



By accessing or using this Site, you hereby and forever waive any and all claims you have now or may have in the future against Dallas Web Works Inc. relating to any infringement of the trademark rights, right of publicity or privacy, or other intellectual property rights you may have in any word or name registered as a domain name with Dallas Web Works Inc.You hereby disclaim and waive any rights and claims you may have against Dallas Web Works Inc. with respect to Third Party Products or Linked Sites, to the maximum extent permitted by law.

YOU HEREBY WAIVE ANY CLAIM THAT THE FOREGOING LIMITATION OF LIABILITY DEPRIVES YOU OF AN ADEQUATE REMEDY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE AND/OR THE SERVICE IS TO STOP USING THIS SITE AND/OR THE SERVICE. YOU FURTHER AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR USE OF THE SERVICE OR OTHERWISE ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED.
Limitation of Liability.

You specifically agree that Dallas Web Works Inc. shall not be liable for losses or liabilities arising in connection with your use of this Site or the Service, including, but not limited to loss or liability: (i) arising in connection with your use of the Site, the Service or other service or product you purchase or obtain from Dallas Web Works Inc.; (ii) resulting from data non-delivery, data mis-delivery or unauthorized access to transmissions or data; (iii) resulting from acts of God; (iv) resulting from the unauthorized use or misuse of your account number or password; (v) from threatening, defamatory, obscene, offensive or illegal content or conduct of any third party; (vi) arising in connection with your infringement of a third party's right, including intellectual property rights; (vii) resulting from errors, omissions or misstatements in any and all information or services provided by Dallas Web Works Inc. to you.

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DALLAS WEB WORKS INC. SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, THE TERMS OF SERVICE OR THE SERVICE, OR INFORMATION CONTAINED WITH IN THIS SITE, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT OR OTHER VIOLATION OF RIGHTS (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE ADVISED DALLAS WEB WORKS INC. OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.

8. No Warranties



THE SERVICE AND THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO TECHNICAL SUPPORT OR REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT. IN PARTICULAR, BUT WITHOUT LIMITATION, DALLAS WEB WORKS INC. DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DALLAS WEB WORKS INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY F OR YOUR USE OF THIS SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED, USE THAT RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.

9. Proprietary Information.



You acknowledge that the Product and any material provided by Dallas Web Works Inc. to you in connection therewith and all information relating thereto, including but not limited to the Product codes, algorithms, data entry and report screens, an d any translations, compilations, copies in whole or part and any derivative works based thereon are confidential, proprietary and trade secrets of Dallas Web Works Inc. and its affiliates or are the proprietary property of third parties for which Dallas Web Works Inc. has obtained distribution rights ("Dallas Web Works Inc. Proprietary Information"). You agree to safeguard the Dallas Web Works Inc. Proprietary Information and to prevent the unauthorized, negligent or inadvertent use or disclosure thereof. You shall not, without the prior written approval of an officer of Dallas Web Works Inc., directly or indirectly use or disclose the Dallas Web Works Inc. Proprietary Information to any person or business entity whatsoever. You shall not in any manner copy or reproduce any portion of the Dallas Web Works Inc. Proprietary Information. You shall promptly notify Dallas Web Works Inc., in writing, of any use or disclosure of Dallas Web Works Inc. Proprietary Information in violation of this Agreement. You acknowledge that the use or disclosure of the Dallas Web Works Inc. Proprietary information in any manner inconsistent with this Agreement will cause Dallas Web Works Inc. irreparable damage. Dallas Web Works Inc. shall have the right to (i) equitable and injunctive relief to prevent such unauthorized, negligent or inadvertent use or disclosure, and (ii) recover the amount of all such damage (including attorneys' fees and expenses) to such party in connection with such use or disclosure.

10. Exceptions
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As used in this Agreement, the term Dallas Web Works Inc. Proprietary Information" shall not include any information that is: (a) already known to the receiving party at the time of the disclosure for which the receiving party can provide proof that said information was already known; (b) publicly known (other than through the testing of the Product) at the time of the disclosure or that becomes publicly known through no wrongful act or failure of the receiving party; or (c) legally compelled to be disclosed pursuant to a subpoena, summons, order or other judicial or governmental process, provided receiving party provides prompt notice of any such subpoena, order, etc. to the other party hereto in order that such party have the opportunity to obtain a protective order.

11. Trademark Information
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You acknowledge and agree that Dallas Web Works Inc. and other Dallas Web Works Inc. logos, products and service names are trademarks of Dallas Web Works Inc. ("Dallas Web Works Inc. Marks") and you agree that you will not display or use the Dallas Web Works Inc. Marks in any manner, without the express written permission of Dallas Web Works Inc.

The Dallas Web Works Inc. site manager can be reached at support@dallaswebworks.net

12. No Relationship Created.



You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dallas Web Works Inc. as a result of the Terms of Service or your use of the Service.

13. Compliance with Laws.



Dallas Web Works Inc. performance of the Terms of Service is subject to existing laws and legal process, and nothing contained in the Terms of Service is in derogation of Dallas Web Works Inc. right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Dallas Web Works Inc. with respect to such use.

If any part of the Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Service shall continue in effect. If no enforceable provision can be substituted, then that provision shall be deemed severable from the Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

14. Governing Law; Jurisdiction
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The Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of Texas, without regard to its conflicts of law principles. You shall bring any action to enforce the Terms of Service or in connection with any matters related to this Site only in either the state or Federal courts located in Dallas, Dallas County, Texas. You expressly consent to the jurisdiction of said courts. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation this paragraph.