TERMS AND CONDITIONS OF SERVICE AND PRIVACY POLICY

WEBSITES YOU CAN AFFORD

TERMS AND CONDITIONS OF SERVICE

PRIVACY POLICY

This Agreement is made and entered between Websites You Can Afford, a division of AEC Hunt Incorporated, an Illinois Corporation (hereinafter called WYCA), and the customer (hereinafter called Customer) and supersedes any other written or oral agreement or understanding. The following Terms and Conditions shall apply to the provision and use of the products and services (individually a “Service” and collectively the “Services”) provided pursuant to a WYCA Internet Services order form, submitted electronically via WYCA’s Web site at http://www.websitesyoucanafford.com, or via U.S. Mail, Facsimile, or hand-delivered. WYCA may amend these Terms and Conditions at any time and post them on its Web site (http://www.websitesyoucanafford.com) indicating the effective date thereof. Your submittal of an order for service, or your continued use of WYCA’s service(s) after an updated posting, shall be deemed to be your acceptance of any such modifications. The use of WYCA’s services is subject to the following Terms and Conditions:

Orders for Service and Service Date. All orders for service are subject to acceptance by WYCA. An order will be deemed accepted by WYCA when confirmation of the order is sent to Customer. WYCA may refuse to accept any order, or delay acceptance, awaiting completion of conditions WYCA may choose to exercise. The Service Date shall be the date any WYCA services ordered under this Agreement are first available for use by Customer. Customer understands and acknowledges that certain services require third-party involvement, of which WYCA has no control, and Service Date may be delayed or postponed, or services as included in this Agreement or Order Form may be unavailable to Customer. WYCA shall endeavor to provide Customer with reasonable notice by telephone, e-mail or fax of any intent to delay or decline the acceptance of any order, or if third-parties have notified WYCA of any delays or changes in available service.

Customer Use of Services. Customer agrees that WYCA’s services may only be used for lawful purposes. Any use of the services that violates any local, state, provincial, federal or international law is prohibited. Customer also agrees that use of the services shall be in accordance with WYCA’s Acceptable Use Policies, applicable Domain Name Registration Agreements and Domain Name Dispute Policies, and others, which are posted on its Web site (http://www.websitesyoucanafford.com) and modified from time to time. It is Customer’s responsibility to monitor all policies regularly to determine whether the policies have been modified. If changes have been made, and if Customer does not agree with any policy change, Customer must immediately stop using WYCA’s services and notify WYCA of the cancellation of service.

Changes. WYCA reserves the right to change these Terms and Conditions, its services, fees, and order forms at any time, however, the service fees stated on the Agreement or Order Form shall remain in effect during the term of the Agreement. (If Customer has prepaid for services, the service fees stated on the Packages page shall remain in effect for the period that Customer has prepaid.) Increases in fees, if any, shall become effective for the successive term. Customer may elect not to accept any increase in fees, at which time Customer may decide, at its sole discretion, to cancel this Agreement and terminate service.

Payment of Activation Fees and Usage Fees. WYCA’s accounting cycle begins on the 1st of each month. Customer agrees to pay for the Services rendered by WYCA in advance of the time period for which the Services are to be provided. Payment of Initial Fees (or Activation Fees) and the Usage Fee as stated on the Packages page.  WYCA shall not be obligated to provide or initiate any Services until this initial payment has been received.

Payment for additional on-line time, additional Web site design, additional Web site modifications, Add-Ons,  FTP storage or traffic, or co-location traffic shall be invoiced each month and is due and payable according to the terms stated on the invoice. WYCA has no obligation to warn Customer regarding on-line time, traffic or storage.

Interruption of Services, Accounting Hold, and Cancellation for Nonpayment. Services may be interrupted if any fees are delinquent, or if Customer engages in any conduct or activities which WYCA in its sole discretion believes breaches any of the terms of this Agreement. Delinquent accounts are those that remain unpaid 10 days beyond the beginning of the accounting cycle, or the invoice due date, whichever is later. Any delinquent Customer accounts are subject to a late charge of 1-1/2% per month and suspension of services (“account hold”) and may not be used. WYCA accounts on “account hold” continue to accrue charges while they are on hold. Customer must pay all past due amounts in order to remove accounts from their “account hold” status.

In the event WYCA instigates any legal action to collect any sums owed by customer, WYCA shall be entitled to an award of reasonable attorney fees and costs incurred by WYCA in connection with such legal action, if a judgment in WYCA’s favor is entered in the legal action. An interruption of service does not relieve Customer of its obligation to continue to pay Service fees. This Agreement is cancelable by WYCA if Customer fails to pay any amount payable under this Agreement on the date that such amount is due and payable.

Term. The Term shall be for 48 months.

Renewal. The Agreement shall renew automatically for identical successive terms and for the same fees unless either party provides notification of non-renewal at least ten (10) days prior to the end of the current term to avoid being charged for the next billing cycle.

Buyout. Customer may buyout their website anytime from WYCA at a mutually agreed upon price.

Cancellation. The Agreement is cancelable by Customer upon payment of all past-due fees and fees due for the remainder of the current term. Unless otherwise required by Special Provisions for your service, the request to cancel this Agreement must be in writing at least ten (10) days prior to the end of the current term. Customer may send cancellation request via an e-mail message to admn1.websitesyoucanafford@gmail.com , by postal mail, or by fax. Upon receipt of notice of cancellation, WYCA shall send written confirmation via e-mail, which shall indicate the effective date of cancellation. If Customer does not receive this e-mail confirmation within 2 business days, please call WYCA and speak to a representative.

Taxes. WYCA shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer’s or WYCA’s server(s). Customer agrees to take full responsibility for all taxes and fees of any nature associated with any such products or services sold.

Assignment. Customer shall not, without prior written consent of WYCA (which shall not be unreasonably withheld) assign, transfer or in any other manner dispose of, and of its rights, privileges, or obligations under this Agreement.

Customer Equipment and Facilities. Customer shall at its own expense undertake all necessary preparations to comply with WYCA’s installation instructions and provisioning process. Customer is responsible for the use, compatibility and maintenance of all Customer owned equipment.

Local Exchange Carriers. Customer hereby authorizes WYCA to act on its behalf with Local Exchange Carriers and others for the provisioning of local access required as part of the WYCA Services.

Disclaimer; Compliance. Customer acknowledges that WYCA does not and cannot control the content, quality or accuracy of information available through its system or over the Internet in general, and any use of such information is at Customer’s own risk. By using WYCA’s services, Customer agrees to comply with the terms and conditions stated herein or otherwise generally provided by WYCA to Customer from time to time.

Domain Names. Customer acknowledges and agrees that domain name(s) registered through domain registrars  by WYCA or used by customers for WYCA’s services are subject to the respective registrar’s Registration Agreement and any use policies applicable for the type of domain name(s), and, notwithstanding anything to the contrary contained herein, it is expressly understood and agreed by the Customer and WYCA that the Uniform Domain Name Dispute Resolution Policy as approved and adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) is hereby incorporated by reference in this Services Agreement and is legally binding on the Customer and WYCA with respect to all registrations in the .com, .net and .org. top level domains.

Customer agrees to pay all fees charged by the issuing registrar relating to such domain name(s), and hereby irrevocably waives any claims it may have against WYCA in respect of any decision of a naming authority to refuse to register a domain name and, without limitation, the Customer acknowledges and agrees that any administration or other charge paid by the Customer in respect of the registration of the domain name is non- refundable in any event.

The first time Customer applies to use WYCA’s domain name registration, administration, and renewal services, Customer may be asked to select a User name and password. That User name and password are the means through which Customer accesses certain Services. Please safeguard the User name and password from any unauthorized use. Customer acknowledges and agree that in no event will WYCA Internet Services be liable for the unauthorized use or misuse of Customer’s User name or password.

WYCA considers the entity named as the administrative contact for the domain name at the time the controlling User name and password are secured to be the registrant of that domain name.

Customer acknowledges that WYCA is not responsible for the actions taken by domain registar, ICANN or the issuing registrar and, therefore, WYCA makes no representations, guarantees or warranties regarding: (1) the ability to obtain or to continue to use any particular domain name; (2) the use of such domain name by Customer not infringing on any third party rights; or (3) the ability to resolve any domain name into its associated Internet Protocol (“IP”) address(es). Any domain name registered by WYCA on behalf of Customer is the property of said Customer or as may be otherwise stipulated by that domain registrar. WYCA claims no ownership over Customer’s domain names. Customer agrees that WYCA may be presented with information that Customer’s domain name possibly violates the trademark rights or other intellectual property rights of a trademark or owner. In case of such action, Customer agrees to the following: (i) Customer agrees to hold WYCA harmless of any action taken by such owner regardless of the outcome of such dispute and regardless of whether Domain Name Service hosting for Customer’s domain is continued at WYCA. (ii) Customer agrees that WYCA has the right to discontinue name service in the event of such dispute over a Customer’s domain name. (iii) Customer agrees that should WYCA discontinue name service for Customer’s domain upon notification of such dispute that WYCA will not be liable for any loss of business, interruption of business, loss of Customer’s domain name, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if WYCA has been advised of the possibility of such damages.

Customer agrees that a WYCA contact person shall be named as the “technical or zone contact” for any domains hosted at WYCA. Customer agrees that WYCA may create and use network resources with the Customer’s domain name for administrative, testing, and network infrastructure enhancement purposes.

Customer agrees that, if Customer is using the Services for someone else, Customer represent that Customer has the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy. Customer accepts liability for harm caused by wrongful use of the Services. Customer agrees that if Customer licenses the use of a domain name registered in Customer’s name to a third party, Customer nonetheless remain the domain name holder of record, and remains responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both Customer’s own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration. As further required by ICANN, Customer shall accept liability for harm caused by wrongful use of the domain name, unless Customer promptly discloses the identity of the licensee to a party providing Customer with reasonable evidence of actionable harm.

E-Mail. WYCA provides e-mail services either as a standalone product or bundled with other services. E-mail may be handled by WYCA servers or outsourced to a third-party supplier, and may have its functionality changed from time-to-time. Unless explicitly stated otherwise, any new features that augment or enhance the e-mail service provided to Customer by WYCA shall be subject to these Terms and Conditions of Service. Customer understands and agrees that neither WYCA nor its suppliers assume responsibility for the timeliness, deletion, mis-delivery, non-delivery or failure to store or accurately store, any user communications, addresses or personalization settings. Customer is responsible for obtaining access to the e-mail service and that access may involve fees to WYCA or other third-party fees (Internet Service Provider or airtime charges). Customer must provide and is responsible for all equipment necessary to access the e-mail service.

In consideration of Customer’s use of the e-mail service, Customer agrees to: (a) provide true, accurate, current and complete information about Customer as prompted by the Application for Service (such information being the “Subscription Data”); and (b) maintain and promptly update the Subscription Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or WYCA or its suppliers have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WYCA or its suppliers have the right to suspend or terminate your account and refuse any and all current or future use of the e-mail service (or any portion thereof).

WYCA is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the e-mail service should assist them in setting up any relevant accounts and supervise their access to the e-mail service. Allowing a child access means they will be able to access all components of the e-mail service. As the legal guardian, it is Customer’s responsibility to determine whether any of the e-mail services and/or Content (as defined below) which may be delivered to Customer, is appropriate for Customer’s child.

Subscription Data and certain other information about Customer is subject to our Privacy Policy.

Customer will receive a password and account designation upon completing the e-mail service subscription process. Customer is responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Customer’s password or account. Customer agrees to (a) immediately notify WYCA of any unauthorized use of Customer’s password or account or any other breach of security, and (if applicable); and (b) ensure that Customer exits from Customer’s account at the end of each session. WYCA, and its suppliers, cannot and will not be liable for any loss or damage arising from Customer’s failure to comply with any of Customer’ responsibilities related to the e-mail service.

Customer understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), transmitted over the e-mail service, are the sole responsibility of the person from which such Content originated. This means that Customer, and not WYCA, is entirely responsible for all Content that Customer sends, posts, e-mails, transmits or otherwise makes available via the e-mail service. WYCA does not control the Content posted via the e-mail service and, as such, does not guarantee the accuracy, integrity, quality or appropriateness of such Content for any particular viewer. Customer understands that by using the e-mail service, Customer may be exposed to Content that is offensive, indecent or objectionable, or which may contain viruses, and other destructive elements. Under no circumstances will WYCA or its suppliers be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use or viewing of any Content posted, e-mailed, transmitted or otherwise made available via the e-mail service.

Customer agrees to not use the e-mail service to:
(a) send, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) send, post, e-mail, transmit or otherwise make available any Content that Customer does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) send, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
(g) send, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation, or otherwise violate WYCA’s Acceptable Use Policy or Abuse Policy;
(h) send, post, e-mail, transmit or otherwise make available any material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, provincial, national or international law, including, but not limited to, regulations promulgated by any applicable securities commission or exchange, and any regulations having the force of law; or
(k) “stalk” or otherwise harass another.

Customer acknowledges that WYCA and its suppliers do not, and WYCA acknowledges that WYCA and its suppliers shall not without cause or as otherwise provided in spam or virus filtering services, pre-screen Content, but that WYCA and its suppliers shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the e-mail service. Without limiting the foregoing, WYCA and its suppliers shall have the right to remove any Content that violates these Terms and Conditions of Service or is otherwise objectionable. Customer agrees that Customer must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, Customer acknowledges that Customer may not rely on any Content created by WYCA or submitted to WYCA.

Customer acknowledges and agrees that WYCA (or its suppliers) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of WYCA, its users and the public.

Customer understands that the technical processing and transmission of the e-mail service, including Customer’s Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Recognizing the global nature of the Internet, Customer agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, Customer agrees to comply with all applicable laws regarding the transmission of technical data exported from the country in which Customer resides.

Customer agrees to indemnify and hold WYCA and its suppliers, and WYCA’s and its suppliers’ affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content Customer submits, posts, transmits or makes available through the e-mail service, Customer’s use of the e-mail service, Customer’s connection to the e-mail service, Customer’s violation of these Terms and Conditions of Service, or Customer’s violation of any rights of another.

Customer acknowledges that WYCA or its suppliers, may establish general practices and limits concerning use of the e-mail service, including without limitation, the maximum number of e-mail messages that may be sent from or received by an account on the e-mail service, the maximum size of any e-mail message that may be sent from or received by an account on the e-mail service, and the maximum number of times (and the maximum duration for which) Customer may access the e-mail service in a given period of time. Customer agrees that WYCA and its suppliers have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. Customer acknowledges that WYCA and its suppliers reserve the right to log off accounts that are inactive for an extended period of time. Customer further acknowledges that WYCA reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

WYCA and its suppliers reserve the right at any time and from time to time to modify, temporarily or permanently, the e-mail service (or any part thereof) with or without notice. Customer agrees that WYCA and its suppliers shall not be liable to Customer or to any third party for any modification, suspension or discontinuance of the e-mail service which may occur for routine maintenance, routine or extraordinary repairs, or the need to respond to a virus or other attack on the system or using the system.

Customer agrees that WYCA, in its sole discretion, may (or may instruct its suppliers to), suspend or terminate Customer’s password, account (or any part thereof) or use of the e-mail service, remove and discard any Content within the e-mail service, deactivate or delete Customer’s account and all related information and files in Customer’s account and/or bar any further access to such files or the e-mail service, discontinue providing the e-mail service, or any part thereof, with or without notice if WYCA believes that Customer has violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Service, and have not either cured the breach (if curable) or provided a satisfactory undertaking to WYCA or the applicable authorities, within five (5) business days of receiving a notification of the breach. Further, Customer agrees that WYCA shall not be liable to Customer or any third-party for any termination of Customer’s access to the e-mail service.

Customer’s correspondence or dealings with third parties, including participation in promotions of, advertisers found on or through the e-mail 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 Customer and such third parties. Customer agrees that WYCA and its suppliers 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 third parties on the e-mail service.

Customer acknowledges and agrees that the e-mail service and any necessary software used in connection with the e-mail service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright, and trade and service mark protections, and is owned by WYCA or its suppliers. Except as expressly authorized by WYCA or advertisers, Customer agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the e-mail service or the Software, in whole or in part. WYCA grants Customer a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that Customer does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Customer agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the e-mail service. Customer agrees not to access the e-mail service by any means other than through the interfaces that are provided by or through WYCA for use in accessing the Service.

IP Addresses. At Customer’s request, WYCA will allocate IP addresses to Customer from its Classless Inter Domain Routing (“CIDR”) address blocks for Customer’s use solely in connection with the Services, and only for the initial term of the Agreement and any renewal periods. Customer acknowledges and agrees that the IP addresses are subject to the policies and procedures of the IANA, and the registrar authorizing the use of the IP addresses by WYCA. Customer agrees to pay all fees charged by the issuing registrar relating to such IP addresses. Allocation of IP addresses to Customer shall be made in a manner consistent with the policies of IANA, the Internet Engineering Task Force (“IETF”), and the issuing registrar. Customer acknowledges that WYCA is not responsible for the actions taken by IANA, IETF, the issuing registrar or other network operators and, therefore, Websites You Can Afford makes no representations or warranties regarding: (1) the ability to obtain or to continue to use any particular IP addresses, or (2) the routability of any IP addresses. Customer’s use of IP addresses allocated to Customer by WYCA shall cease within 90 days of the termination of this Agreement.

File Backups. WYCA is not responsible for Customer’s files residing on WYCA’s servers.

Resale of WYCA’s Services. If Customer acts as a ‘reseller’ of the services provided by WYCA to Customer hereunder, by Customer providing similar services to its customers, then all the terms of this Agreement shall apply to the resale. Without limiting the foregoing, Customer’s obligations under the ‘Indemnity’ section shall apply to any and all claims made against Customer and/or WYCA which arise out of the resale of WYCA’s services.

DISCLAIMER OF WARRANTIES, REPRESENTATIONS AND CONDITIONS. (a) CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT: CUSTOMER’S USE OF WYCA’S SERVICES AND/OR EQUIPMENT IS AT CUSTOMER’S SOLE RISK. THE SERVICE AND EQUIPMENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WYCA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WYCA AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) WYCA’S SERVICES AND/OR EQUIPMENT WILL MEET CUSTOMER’S REQUIREMENTS, (ii) WYCA’S SERVICES AND/OR EQUIPMENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF WYCA’S SERVICES AND/OR EQUIPMENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER THROUGH WYCA’S SERVICES AND/OR EQUIPMENT WILL MEET CUSTOMER’S EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL TRANSMITTED, RECEIVED, DOWNLOADED OR OTHERWISE OBTAINED OR SENT, THROUGH THE USE OF WYCA’S SERVICES AND/OR EQUIPMENT IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE OPENING, DOWNLOAD OR SENDING OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM WYCA OR ITS SUPPLIERS OR THROUGH OR FROM WYCA’S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF SERVICE. THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE TERMINATION OF THIS AGREEMENT.

Limitation of Liability. CUSTOMER HEREBY AGREES THAT THE LIABILITY OF WYCA (INCLUDING ITS AGENTS, EMPLOYEES, PARENTS, AFFILIATES, PRINCIPALS, OFFICERS, DIRECTORS AND SHAREHOLDERS) AND ITS SUPPLIERS (COLLECTIVELY, “RELEASED PARTIES”) SHALL BE LIMITED TO THE FUNDS PAID TO RELEASED PARTIES. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT THE RELEASED PARTIES SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, AND CUSTOMER HEREBY RELEASES SAME FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WYCA OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OF OR INABILITY TO USE WYCA SERVICES AND/OR EQUIPMENT; (b) DELAYS IN OPERATION OR TRANSMISSION; (c) SUSPENSION, LOSS, OR MODIFICATION OF CUSTOMER’S DOMAIN NAME REGISTRATION; (d) USE OF CUSTOMER’S DOMAIN NAME REGISTRATION; (e) INTERRUPTION OF BUSINESS; (f) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO WYCA’S INTERNET SERVICES OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN CUSTOMER’S NAME; (g) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, LOSS, DELETION, DESTRUCTION OR OTHER MODIFICATION; (h) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (i) EVENTS BEYOND WYCA’S REASONABLE CONTROL; (j) MISTAKES, ERRORS, OMISSIONS, DEFECTS, OR FAILURE OF PERFORMANCE; (k) THE PROCESSING OF CUSTOMER’S DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION; (l) UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S TRANSMISSIONS OR DATA; (m) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (o) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES; OR (n) ANY OTHER MATTER RELATING TO WYCA’S INTERNET SERVICES, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. IN NO EVENT SHALL WYCA’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, WYCA’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnity. Customer agrees to defend, indemnify and hold WYCA, its employees, its officers, and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorney’s fees, settlement payments and any damages awarded related to or arising from: (1) any breach of this Agreement by Customer or its affiliates; (2) the use of WYCA Services or the placement or transmission of any message, information, software or other materials on any other network connected to WYCA; (3) any damages caused by Customer Equipment; (4) negligent acts or omissions of Customer or its affiliates in connection with the construction, installation, maintenance, presence, use or removal of systems, channels, equipment or software not provided by WYCA which are connected or are to be connected to WYCA Services; (5) claims for infringement arising from the use of equipment and software, apparatus and systems not provided by WYCA; (6) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party, and; (7) copyright infringement or claims for copyright infringement. The provisions of this paragraph shall survive termination of this agreement.

Trademark Information. Without WYCA’s prior permission, you agree not to display or use in any manner, WYCA’s or its suppliers’ trademarks or service marks.

Disputes. This Agreement shall be governed by and construed in accordance with the laws of the state of Illinois without application of the principles of conflict of laws. The parties consent to and submit to the exclusive jurisdiction of the federal and state courts located in the county of San Diego, Illinois.

Acknowledgment; Legal Capacity. By continuing to use WYCA services, Customer acknowledges that Customer has read the aforementioned Terms and Conditions and that Customer understands such Terms and Conditions and agrees to be bound by them. Customer warrants that Customer is capable of entering a legal contract.

Customer’s Application for Services (e.g. covering your term, method of payment, price etc.), if accepted by WYCA, and these Terms and Conditions of Service, constitute the entire agreement between Customer and WYCA and govern Customer’s use of the Service. Customer may be subject to additional terms and conditions that may apply when Customer or WYCA uses affiliate services (such as domain name registration services), third-party content or software.

The failure of WYCA to exercise or enforce any right or provision of these Terms and Conditions of Service shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Service remain in full force and effect. Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions of Service and schedules are for convenience only and have no legal or contractual effect.

WEBSITES YOU CAN AFFORD

PRIVACY POLICY

This Privacy Policy (“Privacy Policy“) applies to www.websitesyoucanafford.com (the “Website“) and Websites You Can Afford (the “Company“), which is maintained by  ebsites You Can Afford(the “Website Owner“), and sets out how the Website Owner collects, uses, and discloses personal and other information.

1. In this Privacy Policy:
   1. “Personal Information” means information that identifies you, such as your name, address, telephone number or email address;
   2. “Potentially Identifying Information” means information that by itself is not Personal Information but could be used in conjunction with other information to identify you, such as Internet Protocol (IP) addresses;
   3. “Non-Personal Data” means browsing and site usage data that the Website Owner collects as the owner and maintainer of the Website and that does not contain any Personal Information, such as the browser type, language preference, referring site, and date and time of each visitor request;
   4. “Collected Data” means, collectively, Personal Information, Potentially Identifying Information and Non-Personal Data;
   5. “We“, “us” and “our” refer to the Website Owner; and
   6. “You” and “your” refer to visitors of the Website.

By accessing the Website, you are agreeing to the practices described in this Privacy Policy.

Our Principles

We are committed to handling responsibly the information and data we collect about you through the Website, whether Personal Information, Potentially Identifying Information or Non-personal Data. We have designed our Privacy Policy in accordance with the following principles (the “Principles“):

1. Privacy policies should be easy to understand, comprehensive, and easy to locate.
2. Only the minimum amount of Personal Information reasonably necessary to provide you with services of the App should be collected and maintained, and only for so long as reasonably needed or required. For simple viewing of the Website, no Personal Information should be collected.
3. Personal Information you provide through the Website the App should not be used for marketing or advertising purposes without your consent. It should not be disclosed to anyone else without your consent, unless specifically allowed by this Privacy Policy or unless required.
4. Potentially Identifying Information may be used to improve the Website and and the App for marketing and advertising purposes, as long as it is not used to identify you.
5. Non-Personal Data may be used to improve the Website and the App and for marketing or advertising purposes.

Unless restricted or prohibited by law, and if your email address has been collected and retained, you should be notified by email when circumstances require us to provide a third party with your Personal Information.

The provisions below are divided into four main categories:

1. Personal Information,
2. Potentially Identifying Information
3. Non-Personal Data
4. Other Provisions

These provisions set out specific details about how we handle your Collected Data, in keeping with the Principles. If a situation arises that is not covered by the specific provisions below, then we use the Principles to guide us in dealing with that situation.

A. Personal Information

Collection of Personal Information

We do not collect and do not require you to provide Personal Information when you simply view the Website. If you choose to interact with the Website or the App or the Website Owner, we collect Personal Information in the following circumstances:

1. when you request a quote or service/product;;
2. when you send us an email;
3. when you subscribe or sign up to receive a newsletter or similar communication; and
4. when you comment on the Website (including on a blog provided on the Website).

Use of Personal Information

We use the Personal Information you provide to us in order to respond to your request for a taxi, to provide your information to the taxi company to enable them to satisfy your request. If you choose to comment on the Website (including on a blog), your name (or alias), your URL and your email address may be displayed on the Website.

Any other Personal Information that we may collect, and that is not specified in this Privacy Policy, will only be collected and used in accordance with the Principles.

Disclosure of Personal Information

We will not disclose Personal Information to third parties, except in the following instances:

1. We will share Personal Information with the taxi company that is being requested to send you a taxi in order to enable the taxi company to satisfy your request.
2. We may share Personal Information with our contractors and service providers in order to maintain or enhance the Website.
3. We may disclose your Personal Information to third parties in a good-faith belief that such disclosure is reasonably necessary to:
   1. take action regarding suspected illegal activities;
   2. enforce the Terms of Use or this Privacy Policy;
   3. comply with the law or legal process, such as a search warrant, subpoena
      or court order; or
   4. protect our rights, reputation, and property, or that of our users or
      the public

If we are required by law to provide a third party with your Personal Information and if we have collected and retained an email address for you, then we will use reasonable means to notify you promptly of that event, unless prohibited by law or unless we are otherwise advised not to notify you on the advice of legal counsel.

Updating your Personal Information

To the extent that we collect your Personal Information for the purpose of newsletters and similar communications, we provide you with the means to update or correct your Personal Information. However, Personal Information already published on the Website (for example, Personal Information posted with comments to a blog) will not be updated.

B. Potentially Identifying Information

Collection of Potentially Identifying Information

We collect the following Potentially Identifying Information:

1. Internet Protocol (IP) addresses
2. Phone number
3. eMail address

Use of Potentially Identifying Information

We may use Potentially Identifying Information to maintain or enhance the Website, and for marketing or advertising purposes, as long as it is not used to identify you.

Disclosure of Potentially Identifying Information

In general, we will not disclose Potentially Identifying Information to third parties. However, we may disclose Potentially Identifying Information in three instances:

1. We may disclose Potentially Identifying Information with our contractors and service providers in order to maintain or enhance the Website.
2. We may disclose Potentially Identifying Information with service providers for marketing or advertising purposes, as long as they agree not to use the Potentially Identifying Information to identify you.
3. We may disclose your Potentially Identifying Information to third parties in a good-faith belief that such disclosure is reasonably necessary to:
   1. to enable them to provide you with the taxi you have requested;
   2. take action regarding suspected illegal activities;
   3. enforce the Terms of Use or this Privacy Policy;
   4. comply with the law or legal process, such as a search warrant, subpoena, or court order; or
   5. protect our rights, reputation, and property, or that of our users or the public.

C. Non-Personal Data

Collection of Non-Personal Data

Like most websites, our servers (which may be hosted by a third-party service provider) collect Non-Personal Data automatically about the browsing and activities of users visiting the  Website.

Use of Non-Personal Data

We may use the Non-Personal Data to maintain or enhance the App or the Website, and for marketing or advertising purposes.

We will not intentionally link Non-Personal Data to your Personal Information.

Disclosure of Non-Personal Data

In general, we do not disclose Non-Personal Data to third parties. However, we may disclose Non-Personal Data in three instances:

1. We may disclose Non-Personal Data with our contractors and service providers in order to maintain or enhance the Website, as long as it is not linked to your Personal  Information.
2. We may disclose Non-Personal Data with service providers for marketing or advertising purposes, as long as it is not linked to your Personal Information.
3. We may disclose your Non-Personal Data to third parties in a good-faith belief that such disclosure is reasonably necessary to:
   1. take action regarding suspected illegal activities;
   2. enforce the Terms of Use or this Privacy Policy;
   3. comply with the law or legal process, such as a search warrant,
      subpoena, or court order; or
   4. protect our rights, reputation, and property, or that of our users or
      the public.

D. Other Provisions

Security of Personal Information Collected

We have implemented reasonable measures to protect against unauthorized access to Collected Data that we store and control. However, no website can fully eliminate security risks. Third parties may circumvent our security measures to unlawfully intercept or access Collected Data, other information, transmissions or private communications. We will post a reasonably prominent notice to the Website if any such security breach occurs.

Acquisition or Similar Transaction

We may transfer some or all of the Collected Data to a third party as a result of an acquisition, reorganization or similar transaction. Upon such transfer, the acquirer’s privacy policy will apply. In such event, we will use reasonable efforts to:

1. notify you, by a reasonably prominent notice on the Website, and by emailing you if your email address has been collected and retained, and
2. ensure that at the time of the transaction the acquirer’s privacy policy complies with the Principles.

Children

The App and Website is not directed at children under the age of 13. We will never knowingly request Personal Information from anyone under the age of 13 without requiring parental consent. Any person who provides their Personal Information to the Website Owner through the Website affirms that they are 13 years of age or older.

Third-Party Websites

The Website may include links to other websites. You should consult the privacy policies of these third-party sites. This Privacy Policy does not apply to other websites, and we cannot  control their activities.

Note to International Users

The Website is hosted in Chicago, Illinois (the “Hosting Location“). If you are accessing the Website from another country, note that you are transferring your Collected Data to the  Hosting Location, which may have different data protection laws than your country. By accessing the Website, you consent to:

1. the use of your Collected Data for the uses identified above in accordance with the Privacy Policy; and
2. the transfer of your Collected Data to the Hosting Location.

Amendments to this Privacy Policy

We may amend this Privacy Policy from time to time. When we do, we will also revise the Effective Date below. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the Personal Information we collect.

When making an amendment to this Privacy Policy, we will post a reasonably prominent notice on the Website, 30 days before the amendment takes effect. If you do not agree with the amendment, you must cease to use the Website before it takes effect. If you continue to use the Website after 30 days from the day of the notice, you are deemed to have accepted the  amendment.

Questions?

If you have questions about this Privacy Policy, please contact us by email at admn1@websitesyoucanafford.com. You may also contact us by regular mail:

Websites You Can Afford
Division of AEC Hunt Incorporated
343 E. Lincoln. Barrington, Illinois   60010

This Privacy Policy is effective as of 2011 (Year) March (Month) 1st (day) (the “Effective Date“).