A Web Global Net, Inc. (WGN) Terms & Conditions:
Dated: 12/1/03

Use of Services & Web Site Terms & Conditions:

  1. User Eligibility
    The WGN Web Site is provided by A Web Global Net (WGN) and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You, your employees, your clients, your vendors and their employees , or those in privity with same, such as family members, beneficiaries and/or assigns. (here after referred to collectively as "Customer" ) do not qualify, Customer is not permitted to use the WGN Web Site or its services.
  2. Scope of Terms of Use
    These Terms of Use govern Customer use of the WGN Web Site and all applications, software, and services (collectively, "Services") available on the WGN Web Site, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to Customer on the WGN Web Site ("Service Agreement(s)"). Any such Service Agreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services.
  3. Modifications
    WGN may revise and update these Terms of Use at any time. Customer continued usage of the WGN Web Site or it's services after any changes to these Terms of Use will mean Customer accept those changes. Any aspect of the WGN Web Site may be changed, supplemented, deleted or updated without notice at the sole discretion of WGN. WGN may also change or impose fees for products and services provided through the WGN Web Site at any time in its sole discretion. WGN may establish or change, at any time, general practices and limits concerning other WGN products and services in its sole discretion unless other wise agreed between the two parties in writing prior.
  4. WGN Privacy Policy
    The WGN Privacy Policy governs the use of information collected from or provided by Customer at the WGN Web Site. With respect to any individual whose personal information is provided by Customer to WGN, Customer represent to WGN that Customer have obtained all necessary consents for the processing of such personal information contemplated by the Services Customer are using and by the WGN Privacy Policy, including the transfer of such data to the United States or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual.See Privacy Policy
  5. License and Ownership
    Any and all intellectual property rights ("Intellectual Property") associated with the WGN Web Site and its contents (the "Content") are the sole property of WGN, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the WGN Web Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the WGN Web Site are trademarks, service marks or trade dress ("Marks") of WGN, its affiliates or other entities that have granted WGN the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of WGN. Except as otherwise expressly authorized by these Terms of Use, Customer may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the WGN Web Site in any way without WGN's or the appropriate third party's prior written permission. Except as expressly provided herein, WGN does not grant to Customer any express or implied rights to WGN's or any third party's Intellectual Property.

    WGN grants Customer a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the WGN Web Site, Content and Services only in the manner presented by WGN, and (b) access and use the WGN computer and network services offered within the WGN Web Site (the "WGN Systems") only in the manner expressly permitted by WGN. Except for this limited license, WGN does not convey any interest in or to the WGN Systems, information or data available via the WGN Systems (the "Information"), Content, Services, WGN Web Site or any other WGN property by permitting Customer to access the WGN Web Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of WGN. Customer may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by WGN.
  6. Restrictions on Use of the WGN Web Site or Accounts hosted by WGN
    In addition to other restrictions set forth in these Terms of Use, Customer agree that:
    (a) Customer shall not disguise the origin of information transmitted through the WGN Web Site.
    (b) Customer will not place false, misleading or defamatory information on the WGN Web Site.
    (c) Customer will not use or access any service, information, application or software available via the WGN Web Site in a manner not expressly permitted by WGN.
    (d) Customer will not input or upload to the WGN Web Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the WGN Web Site or Information or that infringes the Intellectual Property (defined below) rights of another.
    (e) Certain areas of the WGN Web Site are restricted to customers of WGN.
    (f) Customer may not use or access the WGN Web Site or the WGN Systems or Services in any way that, in WGN's judgment, adversely affects the performance or function of the WGN Systems, Services or the WGN Web Site or interferes with the ability of authorized parties to access the WGN Systems, Services or the WGN Web Site.
    (g) Customer may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of WGN.
  7. Access to Shipping Related Systems and Information through the WGN Web Site
    Customer use and access of the Shipping Related Systems and Information are subject to the following terms:
    (a) The "Shipping Related Systems" are comprised of the WGN Systems which are used to provide tracking, time in transit, address validation and other functions and information related to the shipment of packages. The Shipping Related Systems and Information gained from such systems ("Shipping Information") are to be used by Customer solely in connection with packages shipped by or to Customer or on Customer behalf and for no other purpose.
    (b) The Shipping Related Systems and Shipping Information are the private property of WGN. WGN authorizes Customer to use tracking functionality within the Shipping Related Systems solely to track shipments tendered by or for Customer to other third parties for delivery and for no other purpose. Without limitation, Customers are not authorized to make the Shipping Information available on any WGN Web Site or otherwise reproduce, distribute, copy, store, use or sell the Shipping Information for commercial gain without the express written consent of WGN. This is a personal service, thus Customer right to use the Shipping Related Systems and Shipping Information is non-assignable. Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.
    (c) Any use in connection with the Shipping Related Systems of automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts or other mechanisms with similar functionality is expressly prohibited.
  8. Links
    (a) Outbound Links. The WGN Web Site may contain links to third-party WGN Web Sites and resources (collectively, "Linked Sites"). These Linked Sites are provided solely as a convenience to Customer and not as an endorsement by WGN of the content on such Linked Sites. WGN makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. WGN is not responsible for the availability of the Linked Sites or the content or activities of such sites. If Customer decides to access Linked Sites, Customer does so at Customers own risk. In addition, Customers use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.
    (b) Inbound Links. Linking to any page of the WGN Web Site other than to http://webglobalnet.net and the Content, (c) implying in any fashion that WGN or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with WGN or any of its affiliates, (e) presenting false information about WGN products or services, and (f) using any logo or mark of WGN or any of its affiliates without express written permission from WGN.
  9. Submissions
    WGN does not accept ideas, concepts, or techniques for new services or products through the WGN Web Site ("Comments"). If such Comments are received, Customer acknowledge that (a) they will not be considered confidential or proprietary, (b) WGN and its affiliates are under no obligation to keep such information confidential, and (c) WGN will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses, accept where such is considered to be proprietary to the conduct of Customers business only.
  10. Termination
    Customer agrees that WGN, in its sole discretion, may terminate or suspend Customers use of the WGN Web Site, the WGN Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, Customer must immediately (a) discontinue use of the WGN Web Site, and (b) destroy any copies Customer have made of any portion of the Content. Accessing the WGN Web Site, the WGN Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, Customer agree that WGN shall not be liable to Customer or any third party for any termination or suspension of Customers access to a WGN Hosted account, the WGN Systems, Information and/or the Services. Customer may terminate account with 60 days written notice. If no such notice is given WGN may suspend account at its discretion. If an account is placed in suspension there is a $249 reactivation Fee required before suspension can be removed and all other outstanding monies owed to WGN must be paid and the account made current.
  11. Payments
    Customer, in providing payment for any WGN services or products, hereby acknowledges that they have read and agreed to these Terms and Conditions. Customers providing their Credit Card information for payment of any and all services provided for by WGN hereby authorizes Web Global Net to charge their credit card account for any outstanding account balances for services it may have rendered, provided or supplied, unless other arrangements have been made prior to services being rendered by WGN. If a dispute arises over any charge customer agrees to abide by [ Section 16 ] of these terms and conditions in resolution of said dispute.
  12. Disclaimer of Warranties
    WGN MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WGN Web Site, THE WGN SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT CUSTOMERS OWN RISK.THE WGN Web Site, THE WGN SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. WGN, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. WGN AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WGN Web Site OR THE WGN SYSTEMS. NO INFORMATION OBTAINED BY CUSTOMER FROM THE WGN Web Site SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY WGN IN THESE TERMS OF USE.

    SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO CUSTOMER . IF CUSTOMER ARE DEALING AS A CONSUMER, CUSTOMER STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. CUSTOMER AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
  13. Limitation of Liability
    TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT WGN IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, WGN IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WGN, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WGN Web Site BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WGN Web Site, THE WGN SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WGN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR Customer IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
  14. Compliance with Law Including Export Control
    Customer agree to use the WGN Web Site in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of WGN, negatively reflect on the goodwill or reputation of WGN and shall take no actions which would cause WGN to be in violation of any laws, rulings or regulations applicable to WGN.

    WGN and the WGN Web Site are based in the United States. The United States and certain other jurisdictions control the export of products and information. Customer agrees to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If Customer access and download the Content (including any software or the Services) or Information, Customer represent that Customer are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. Customers are solely responsible for compliance with the laws of Customers local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).
  15. Forward-looking Statements
    Except for historical information contained herein, the statements made in this WGN Web Site constitute forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such forward-looking statements involve certain risks and uncertainties, including statements regarding the intent, belief or current expectations of WGN and its management regarding the company's strategic directions, prospects and future results. Certain factors may cause actual results to differ materially from those contained in the forward-looking statements, including economic and other conditions in the markets in which we operate, our competitive environment, long-term regulatory, economic and other effects from the events of September 11, 2001, strikes, work stoppages and slowdowns, governmental regulation, cyclical and seasonal fluctuations in our operating results, and other risks discussed in the company's filings with the Securities and Exchange Commission if any and if appropriate, which discussions are incorporated herein by reference.
  16. Binding Arbitration; Governing Law
    Customer and WGN acknowledge and agree that any claim, dispute, or controversy between Customer and WGN arising from or relating to (i) these terms and conditions of use, including the validity of this binding arbitration provision; or (ii) the purchase or use of any product or service from WGN (each, a "Dispute") shall be resolved EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) UNDER NAF'S CODE OF PROCEDURE THEN IN EFFECT. CUSTOMER UNDERSTANDS THAT, IN THE ABSENCE OF THIS PROVISION, CUSTOMER WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT IN FRONT OF A JUDGE OR JURY, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT CUSTOMER HAS EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. Should either party bring a Dispute in a forum other than NAF, the arbitrator may award the other party its reasonable costs and expenses (including but not limited to attorneys' fees) incurred in enforcing compliance with this binding arbitration provision, including staying or dismissing such other proceeding.

    Information about the NAF is available on line at http://www.arb-forum.com, by phone at 800-474-2371 or by writing to P.O. Box 50191, Minneapolis, MN, 55405.

    If NAF should cease operations, Customer and WGN shall agree on another arbitration forum. The arbitration shall be held at a reasonable, mutually agreed upon location by submission of documents, by telephone, online or in person as selected by WGN. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between Customer and WGN. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. If Customer prevails in the arbitration of any Dispute with WGN, WGN will not reimburse Customer for any fees Customer actually paid to NAF in connection with the arbitration. Any decision or award of the arbitrator rendered in such arbitration proceeding shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

    This binding arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. Except for this arbitration provision, these terms and conditions of use and any related purchases shall be governed by the laws of the State of Maryland without regard to conflict or choice of law provisions.
  17. Governing Law and Language
    To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of the State of Maryland, U.S.A. excluding (i) Maryland’s conflicts of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. To the fullest extent permitted by law, the controlling language for these Terms of Use is English. Any translation has been provided for Customer convenience, and Customer may view the English language version by (a) returning to the home page for the country that Customer have selected, (b) selecting the English link at the top of the page, and (c) then clicking on the link to the WGN Web Site Terms of Use located at the bottom of the page if provided.
  18. General
    Customer may not assign these Terms of Use or any of Customer interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
  19. Written Document
    Customer may preserve these Terms of Use in written form by printing them for Customer records, and Customer waive any other requirement that these Terms of Use be evidenced by a written document.
  20. Complete Agreement
    EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR OTHER WRITTEN AGREEMENT BETWEEN CUSTOMER AND WGN OR IN THE APPLICABLE WGN RATE AND SERVICE GUIDE OR WGN TARIFF, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN CUSTOMER AND WGN WITH RESPECT TO THE USE OF THE WGN WEB SITE, THE WGN SYSTEMS, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.
  21. For Residents of Quebec
    The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only. Customer may, at their own expense translate terms and conditions.

    Les parties déclarent par les présentes qu’ils exigent que cette entente et tous les documents y afférents, soit pour le présent ou l’avenir, soient rédigés en langue anglaise seulement.
  22. Customer Service
    Questions or comments regarding the WGN Web Site may be submitted to WGN Customer Service Department.

 

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