This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the We-r-you Services. By using the We-r-you Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the We-r-you Website) or you are a "Member" (which means that you have registered with We-r-you and/or partners for a free or paid account). The term "User" refers to a Visitor or a Member. You are only authorized to use the We-r-you Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the We-r-you Website and discontinue use of the We-r-you Services immediately. If you wish to become a Member, communicate with other Members and make use of the We-r-you Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes We-r-you's policy for acceptable use of the We-r-you Services and Content posted on the We-r-you Website, your rights, obligations and restrictions regarding your use of the We-r-you Services and We-r-you.com's Privacy Policy. In order to participate in certain We-r-you Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the We-r-you Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: support@we-r-you.com, Subject: Terms of Use Agreement.

We-r-you.com may modify this Agreement from time-to-time and such modification shall be effective upon posting by We-r-you on the We-r-you Website. You agree to be bound to any changes to this Agreement when you use the We-r-you Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on We-r-you and that you provide to other Users. Your We-r-you profile may not include the following items: photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other We-r-you Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and We-r-you assumes no responsibility or liability for this material. If you become aware of misuse of the We-r-you Services by any person, please contact We-r-you or click on the "Report Inappropriate Content" link at the bottom of any We-r-you webspace profile page.

We-r-you reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the We-r-you Services at any time, for any or no reason, with or without prior notice, and without liability.

Part I - General Terms

1. When You May Use the Service

   If you create an account to use the service, you may start using the service as soon as you have finished the sign-up process. Some parts of the service may not be available right away while we configure them for your use. You can use the available services right away.
    

2. How You May Use the Service

   In using the service, you will
   • comply with all laws,
   • comply with any codes of conduct or other notices we provide,
   • comply with the We-r-you Anti-Spam Policy,
   • keep your password secret, and
   • promptly notify us if you learn of a security breach related to the service.
      

3. How You May Not Use the Service

   In using the service, you may not

   use the service in any way that is against the law or harms We-r-you or its affiliates, resellers, distributors, and/or vendors (collectively, the "We-r-you parties"),

   damage, disable, overburden, or impair the service (or the networks connected to the service) or interfere with anyone's use and enjoyment of the service,

   resell or redistribute the service, or any part of the service, unless you have a reseller contract with We-r-you that permits you to do so,

   upload, post, e-mail, or otherwise make available any content that

   incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence,

   is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason, including on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion, or to incite or encourage anyone else to do so, or

   is illegal or violates any laws, including laws related to adult activities and content, child pornography, criminal activities, piracy and counterfeiting, gambling, drugs, online pharmacies, copyright and other intellectual property laws, defamation, libel, and rights of privacy,

   use the service to sell, market, distribute or advertise, or facilitate the sale, marketing, distribution or advertising of

   illegal gambling (including online casinos, sports books, bingo, and poker),

   illicit drugs, pharmaceuticals, or controlled substances,

   counterfeit, pirated, or stolen goods,

   goods that are considered indecent, obscene, or pornographic,

   Nazi memorabilia,

   registered or unregistered securities, or

   any goods or services that if sold via the service would cause We-r-you or you to violate any laws and regulations,

   use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam"),

   use any unauthorized third-party software or service to access the We-r-you instant messaging network,

   use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by We-r-you or "meta-searching"), or
   use any unauthorized means to modify or reroute, or attempt to reroute the service.

4. Your Service Account

   You may establish a service account and password for the service. The service may enable you to have additional people use your account or have additional member accounts and passwords associated with your account. We call these "associated accounts." You are responsible for all activity under your account, associated accounts, and passwords.
    

5. Associated Account Users

   If you are the user of an associated account, then the holder of the service account has full control over your associated account. This control includes the right to end the service, close or alter your associated account at any time, and in some cases, to request and receive computer and service use information related to your associated account. Any data related to your associated account is collected and delivered to the account holder and We-r-you.
    

6. How We May Change This Contract

   We-r-you may change this contract at any time without notice. If we make a material change to this contract, we will notify you at least 30 days before the change takes place. If you do not agree to the change, you must cancel and stop using the service before the change takes place. If you do not stop using the service, your continued use of the service will be under the changed contract.
    

7. You Are Responsible for Backing Up Your Data

   You are responsible for maintaining and backing up your data that you create, use, and store with the service. Your data includes any information and materials that you create and use with the service and store on We-r-you servers, including documents, files, mailing lists, information related to your dealings with third parties (for example, order and transaction data), information about your customers, your customers' data, email content, email traffic data, Web site analytics, Web site content, and information and data related to keywords and advertising campaigns. Upon termination or cancellation of the service by you or us for any reason, We-r-you may delete your data permanently from our servers. You are responsible for taking the necessary steps to back up your data and ensuring that you maintain your primary means of business.

   You must notify We-r-you in writing if you have any obligation to retain your data and you wish We-r-you to retain the data on its servers so you or others can retrieve it. We may charge you additional fees for storage and retrieval of the data.
    

8. Charges and Billing

   This section applies in all situations in which you pay We-r-you directly for a service. If you pay a company other than We-r-you for a service, then the charges and billing terms are as stated by that company. Even if you do not pay for the service, you may still incur other charges incidental to using the service; for example, charges for phone or Internet access, mobile text messaging, wireless service and other data transmissions.

   Payment. When you sign up for the service, you will provide a payment method. You confirm that you are authorized to use the payment method. You authorize us to charge you for the service using your payment method and for any paid feature of the service for which you choose to sign up or use while this contract is in force. If the amount to be charged to your payment method is greater than the amount you pre-authorized, we will tell you the amount at least 10 days before we charge you.

   Charges. If your service is provided on an annual basis, we will charge you for the service in advance. If your service is provided for an indefinite period or automatically renewed, we will charge monthly for the services you will receive in the next month. We may charge you at one time for more than one of your prior billing periods. If we told you that the service will be provided indefinitely or automatically renewed, we may automatically renew your service and charge you for any renewal term.

   Updates to your Billing Account. You must keep all information in your billing account accurate and current, including your billing address and any expiration date for your payment method. You can access and make changes to your billing account in the my account section of Sparc. You may change your payment method at any time. If you tell us to stop using your payment method and do not provide an alternative payment method, we will cancel your service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.

   Trial Period Offers. You may receive a limited time of free service or some other trial period offer. Unless we tell you otherwise, if you are participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring charges or having your service downgraded to a service for there is no subscription fee. If you do not cancel your service and we have told you that the service will automatically be converted into a paid subscription at the end of the trial period, then you authorize us to charge your payment method for the service. If we downgrade your service to one for which there is no subscription fee, some of your data may not be available to you and We-r-you may delete that data permanently from our servers. You are responsible for taking the necessary steps to back up your data and ensuring that you maintain your primary means of business.

   Prices and Price Increases.

   The price for the service excludes taxes, phone and Internet access charges, mobile text messaging, wireless service and other data transmissions, unless stated otherwise. These taxes and charges are your responsibility. Currency exchange settlements are based on your agreement with your payment method provider.

   If there is a specific time length and price for your service offer, then that price will remain in force for that time. When the offer period ends, we will charge you a new price for that service.

   We may change the price of the service from time to time, but we will give you at least 30 days notice before a new price takes effect. If you do not agree to the new price, then you must cancel and stop using the service before the new price takes effect. If your service is on a period basis (for example, monthly or annually), then the new price will start on the date that we indicate.

   Service Conversion. You may be able to switch your service to a different service. If you do, you authorize us to charge your payment method for any new service charges. If you switch to a service for which we do not charge a subscription fee or for which we charge a lower fee, we will refund the unused portion of the service charge for the subscription fee service you previously used or the difference in the amount of the service fees. You may not credit any refunds to other services.

   Refunds. All charges are non-refundable unless expressly stated otherwise, or otherwise provided by law. The costs of any returns will be at your expense, unless otherwise provided by law.

   Payments To You. To receive a payment or refund due to you, you must promptly provide us with all information we need to make the payment (for example, bank account information for receiving the payment). You must provide us with the information we request before your right to receive payment accrues. You are responsible for the accuracy of the information you provide and any taxes you may incur as a result of receiving a payment. If you receive a payment that was not due to you, we may reverse or seek return of the payment, and you agree to cooperate with us.

   Online Statement; Errors. We will only provide you with an online billing statement. Go to my account within Sparc for instructions on how to view, print or request a paper copy of your statement. If you ask us to mail a copy to you, we may charge you a retrieval fee. We can only provide a paper copy that covers the 120 days prior to your request. If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge. You must tell us within 120 days after an error first appears on your bill. If you do not tell us within this time, we will not be required to correct the error. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears on your online statement. If you do not tell us within this time, we will not be required to correct the error.

   Canceling the service. You may cancel the service at any time, with or without cause. Go to my account section of Sparc to obtain information on cancelling your service or send an email to cancelme@coil-os.com with explicit instructions. Certain service offers may require cancellation charges, and you will pay all cancellation charges as specified in the materials describing the offer. Cancellation of the service by you will not alter your obligation to pay all charges made to your billing account.

   Late Payments. Except to the extent prohibited by law, we may assess a late charge if you do not pay on time regardless of any disputes you may have raised about your bill. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your service if you do not pay in full and on time.

9. Changes to the Service; Cancellation or Termination

   By We-r-you. We may change the service at any time and for any reason without notice. If we cancel a particular service or feature, we will make commercially reasonable efforts to replace it with a comparable service or feature, but we are not obligated to do so. We may cancel or suspend your service or a portion of your service at any time and for any reason without notice, including if you violate the terms of this contract. If we do, your right to use the service will stop right away. Cancellation of the service will not change your obligation to pay any charges due on your billing account. If we cancel the service without cause, we will refund the unused portion of your service charge for that period on a pro rata basis.

   By You. You may cancel your service at any time for any reason. Go to the my account section in Sparc for information about cancelling your service or send an email to cancelme@coil-os.com with explicit instructions. Certain service offers may require cancellation charges, and you will pay all cancellation charges as specified in the materials describing the offer. Cancellation of the service by you will not alter your obligation to pay all charges made to your billing account. We will refund the unused portion of your service charge for the applicable period on a pro rata basis.

   Data. Upon termination or cancellation of the service by you or us for any reason, We-r-you may delete your data permanently from our servers. You are responsible for taking the necessary steps to back up your data and ensuring that you maintain your primary means of business.

   Waiver of rights and obligations. To the extent necessary to implement the termination of this contract, each party waives any right and obligation under any applicable law or regulation to request or obtain intervention of the courts to terminate this contract.
    

10. Limits On Service

    We-r-you may establish limits on the service. For example, we may limit

    the number of days the service will retain e-mail messages, message board postings and other content that We-r-you, you or other users may post or provide,

    the number and size of e-mail messages that you may send or receive through the service,

    the maximum storage space on We-r-you's servers available to you,

    the amount of bandwidth available for traffic to a Web site that we host for you,

    the number of users on your account or any associated accounts,

    the number of service accounts to which you may subscribe with one credit card,
    how long we retain an inactive service account, which we define as one where you do not sign in to the service for an extended period of time, and

    the number of transactions you can conduct through the service.

    If you circumvent the published service limits for the service you have signed up for (whether paid or free), We-r-you reserves the right to cancel your service.
     

11. A Service May be A Pre-release Version

    A particular service may be a pre-release version. It may not work the way a final version of the feature or service will. We may change it for the final, commercial version. We may not release a commercial version. We also reserve the right to change a pre-release service at any time without advance notice to you.
     

12. We-r-you Does Not Have Editorial Control

    Content. We-r-you, you, your associated account users and third parties may be able to post or store materials, including data, documents, information, advertisements, communications, messages and links to third party Web sites ("content") on the service. The service includes publicly accessible areas, such as a public Web site that We-r-you hosts for you, a community bulletin board service, shared calendar or other public area that allows you to communicate with others ("public areas of the service"). It also includes areas of the service to which you can control access by others, such as shared work sites on We-r-you servers ("private areas of the service").

    Intellectual property rights. We-r-you does not sanction or approve the unauthorized use of content protected by copyright and other intellectual property rights. You understand that sharing content that violates others' copyrights and intellectual property rights violates this contract. You represent and warrant that the use and publication of the content by you and others does not violate the intellectual property rights of any third party. You understand that We-r-you may remove content at any time without notice when the content violates this contract or an applicable code of conduct, or when we have a good faith reason to believe it is necessary to do so.

    Public areas of the service. You agree to post content and use public areas of the service in accordance with this contract and the codes of conduct posted for these public areas. You understand that We-r-you does not control or endorse the content that you and others post in public areas of the service. We-r-you doesn't claim ownership of content that you and others post or provide. By posting or otherwise providing content in public areas of the service, you are granting to We-r-you and the public free, unlimited worldwide and perpetual permission to

    use, modify, copy, distribute, and display the content in connection with the service, and

    publish your name with the content.

    You also give the public permission to grant these rights to others. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and that the use and publication of the content does not breach any law. We-r-you will not pay you for content you post on public areas of the service.

    Private areas of the service. You agree to use private areas of the service in accordance with this contract and any other notices or codes of conduct that we provide. You must be a current account holder for a service that gives you access to private areas of the service or an associated account holder authorized to access private areas of the service. You understand that certain technical processing of content may be required to

    store and retrieve the content,

    conform to connecting networks' technical requirements, or

    conform to the limitations of the service.

    Links to third-party Web sites. The service, including public and private areas of the service, may contain links to third-party Web sites. These third-party Web sites are not under We-r-you's control. If We-r-you has included these links in the service, we provide them to you as a convenience only. The inclusion of these links is not an endorsement by We-r-you of any third-party Web site, service or product. We-r-you reserves the right to disable links to any third-party Web site that you or other customers post on the service.
     

13. Privacy

    Monitoring your use. We consider your use of the service to be private. However, to the maximum extent permitted by law, you authorize We-r-you to access or disclose information about you, your account, your data, your content and your communications when we have a good faith reason to believe it is necessary to do so to

    comply with the law or legal process served on us

    enforce and investigate potential violations of this contract, including use of the service to participate in or facilitate activities that violate the law,

    protect the rights, property or safety of We-r-you, its employees, customers, or the public.

    Transfer of personal information. Personal information collected through the service may be stored and processed in the United States or any other country or region in which We-r-you or its affiliates, subsidiaries, or agents maintain facilities. By using the service, you consent to any such transfer of information outside of your country or region. We-r-you abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union. You may read more about transfers of this data in the Privacy Statement.

    Performance and usage data. In order to provide you the service, we may collect certain information about service performance, your computer and your service use. We may automatically upload this information from your computer. This data will not personally identify you. You may read about this information collection in more detail in the Privacy Statement.

    Filtering technology. We may use technology or other means to protect the service, protect our customers, or stop you from breaching this contract. Examples include filtering to stop spam or increase security. These means may hinder your use of the service.

    Your privacy practices. In using the service, you may be able to collect personal information about third parties through your dealings with such third parties. If you do, you agree to (a) post a privacy policy on your Web site that, at a minimum, discloses any and all uses of personal information that you collect from such third parties, (b) provide a hypertext link to your privacy policy on the home page of your Web site and on all pages where you collect personal information from third parties, including on check out pages, and (c) use personal information only as expressly permitted by your privacy policy.
     

14. Software

    Use. The terms that come with any We-r-you software associated with the service apply to your use of that software. If no terms come with the software, you may install it on your device and use it only with the service and in accordance with this contract. Your right to use the software ends when your right to use the service terminates or expires.

    Documentation. You may copy and use any documentation provided with the software for your internal reference purposes.

    Scope of License. Copyright and other intellectual property laws and treaties protect the software. The software is licensed, not sold. This contract only gives you some rights to use the software. We-r-you reserves all other rights. You may not

    work around any technical limitations in the software,

    reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits it, despite this limitation,

    make more copies of the software than specified in this contract or allowed by applicable law, despite this limitation,

    publish the software for others to copy,

    use the software in any way that is against the law,

    rent, lease, or lend the software, or

    use the software for commercial software hosting services.

    Export Laws. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use.
     

15. Intellectual Property Rights

    We-r-you retains all right, title and interest in and to the service, including all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. We-r-you reserves all rights not expressly granted. This contract does not grant or imply any rights to any We-r-you trademarks, trade names, or logos.
     

16. Advertisements

    We-r-you may run advertisements on the service. We reserve the right to change the manner of advertising on the service. You understand that any dealings you have with advertisers on the service are between you and those advertisers, not We-r-you.
     

17. Your Dealings with Others

    You understand that you, and not We-r-you, have the direct relationship with any third party with whom you have dealings, including advertisers and anyone purchasing or selling goods or services, through the service. You are solely responsible for your dealings with any third party, including

    delivery of and payment for goods and services,

    processing your customer orders, payments, and other transactions,

    verifying the validity of your customers' orders before finalizing the order,

    informing your customers of the status of orders or transactions,

    providing all customer support related to orders or transactions (e.g., lost orders, billing disputes, payments, etc.),

    determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions, and

    the purchase and use by you and your associated accounts of any third party products and services.

    You represent and warrant that

    the products and services you advertise, sell, and distribute are legal for sale and distribution and do not violate this contract,

    you have all licenses necessary to sell, distribute, and advertise the goods and services you offer,

    all sales and advertisements will comply with applicable law, and
    you will comply with all applicable laws and regulations (including privacy laws and regulations that relate to your collection of information from third parties).

18. Feedback

    If you give feedback about the service to We-r-you, you give to We-r-you, without charge, the right to use, share, and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies, and services to use or interface with any specific parts of a We-r-you software or service that includes the feedback. You will not give feedback that is subject to a license that requires We-r-you to license its software or documentation to third parties because we include your feedback in them. These rights survive this contract.
     

19. Our Notices to You; Your Notices to Us

    This contract is in electronic form. We have promised to send you certain information in connection with the service and have the right to send you this information. There may be other information about the service that the law requires us to send to you. We may send this information to you in electronic form.

    We may provide required information to you in the private message area of we-r-you or,

    by e-mail at the e-mail address you specified when you signed up for the service.

    Notices will be deemed given and received on the transmission date of the e-mail or posting date of the private message. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive notices electronically, you must cancel the service.

20. No Warranty

    We-r-you makes no guarantee about the reliability and accuracy of the service or the results obtained from the service. You understand that the security mechanisms in the service have inherent limitations and that you are responsible for determining that the service meets your needs.

    We provide the service "as-is," "with all faults" and "as available." You bear the risk of using it. To the maximum extent permitted by law, the We-r-you parties give no express warranties, guarantees, or conditions. You may have additional rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude any implied warranties or conditions including those of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, and satisfactory quality.
     

21. Liability Limitation

    You can recover from the We-r-you parties only direct damages up to an amount equal to your service charge for one month or the equivalent of $5 USD (whichever is greater). To the extent permitted by law, you cannot recover any other damages from the We-r-you parties, including consequential, lost profits, special, indirect, or incidental damages.

    This limitation applies to

    any matter related to the service,

    any matter related to content that appears on the service, including advertisements and content posted by We-r-you, you and third parties,

    any matter related to your data that you use with the service, including any failures by you to back up your data,

    any matter related to media elements, templates, and documents licensed to you by the We-r-you parties,

    any matter related to third-parties' Web sites and content (including code), third-party services, third-party programs, and third-party conduct,

    dealings between third-parties and you,

    any matter related to your advertising campaigns on third-party Web portals,

    any matter related to viruses or other disabling features that affect your access to or use of the service,

    any matter related to incompatibility between the service and other services, software, and hardware,

    any matter related to delays or failures you may have in initiating, conducting or completing any transmissions, transactions, or dealings with third-parties in connection with the service,

    use of the service by any third-party to whom you have given access,

    illegal activities by third-parties, including security breaches, and

    claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

    It also applies even if

    this remedy does not fully compensate you for any losses, or fails of its essential purpose, or

    We-r-you knew or should have known about the possibility of the damages.

    Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country or region may not allow the exclusion or limitation of incidental, consequential, or other damages.
     

22. Claim Must Be Filed Within One Year

    To the extent permitted by law, any claim related to this contract or the service must be brought within one year. The one-year period begins on the date when the claim first could be filed. It if is not filed, then that claim is permanently barred. This section applies to you and your successors. It also applies to We-r-you and its successors and assigns.
     

23. Indemnity

    You agree to defend, indemnify and hold the We-r-you parties harmless from and against any and all claims, losses, liability, costs, and expenses (including attorneys' fees) arising from your use of the service, violation of this contract, or violation of any third-party's rights.
     

24. Contract Interpretation

    All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then that part will be replaced with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This contract, together with any codes of conduct and other notices we provide, is the entire contract between We-r-you and you regarding the service. It supersedes any other contract or statements related to the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a tester for a pre-release version of a service). The section titles in the contract do not limit the other terms of this contract.
     

25. Assignment

    We-r-you may assign this contract, in whole or part, at any time without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt to do so is void. Instead, you may cancel your service. The other party may then establish a service account and enter into a contract with us.
     

26. Force Majeure

    We-r-you will not be liable for any loss or damage or be deemed to be in breach of this contract due to any event or circumstance beyond its reasonable control, including, war, invasion, electrical shortages, terrorist attacks, earthquakes, or acts of God.
     

27. Notices

    Copyright Notice
    All contents of the Service are Copyright © 2006 We-r-you Corporation and/or its suppliers, 1728 Orange Tree Drive, Edgewater, Fl 32132 U.S.A. All rights reserved.

    Trademark Notice
    We-r-you is a registered trademark of We-r-you.com Software Corp. Any rights not expressly granted are reserved.

    Notices and Procedures for Making Claims of Copyright Infringement
    Under Title 17, United States Code, Section 512 (c ) (2), notifications of claimed copyright infringement should be sent to our Designated Agent. All inquiries not relevant to the following procedure will not receive a response.
     

Part II – Terms Applicable to Certain We-r-you Services

28. We-r-you Service Terms of Use

    Service. If you register for we-r-you, you do so directly with Weru Technologies Ltd subject to all the published terms and conditions, including all terms and conditions stated herein. Your payment will be made to we-r-you corporation. Since the We-r-you Service is running on We-r-you servers, all data security and privacy issues are with We-r-you, and are also subject to the above terms and conditions.

    Rules for Using we-r-you
    The following rules are required in the use of we-r-you. Failure to abide by these rules may result in an interruption or cancellation of service at the discretion of We-r-you and/or its business partners.

    1. No copyright infringement.
       Do not store or distribute copyrighted material if you do not have the right to do so.
    2. No account sharing.
       You may not share your account with other people. Please keep your password private.
    3. Do not circumvent Free account download restrictions.
       Any attempt to circumvent free trial account restrictions will result in a permanent banishment from the We-r-you and we-r-you community. This includes (3a) files with an invalid or disguised file format; (3b) encryption; (3c) steganography and/or (3d) creating multiple free accounts.

       3a. No invalid file formats.
       Please do not upload files with an invalid extension or in an invalid format for the purpose of circumventing We-r-you or we-r-you's rules. All files that do not match their file extension or type will be deleted. For example, an MPG file labelled as a TXT file will be deleted (and vise-versa).
       3b. No split archives (e.g. ZIP or RAR files) with segments less than 10 MB.
       Split archives with segments less than 10 MB created explicitly to circumvent the 10 MB free account download restriction will be deleted. If an archive happens to be less than 10 MB or the last archive in a series of larger archives happens to be less than 10 MB that's ok, but split archives in which all files are less than 10 MB are not ok. For example, a 50 MB file split into three 15 MB files and one 5 MB is ok, but it's not ok to split that same 50 MB file into ten 5 MB files.
       3c. No encryption and/or steganography for the purpose of circumventing We-r-you or we-r-you's rules.
       For example, split archives hidden via steganography in images for the purpose of circumventing free account restrictions will be deleted. Note: files of all types are supported, split archives are permitted, and the use of encryption and steganography is permitted, provided they are not used to circumvent free account download restrictions or any other rules. For example, if you'd like to encrypt something for an extra sense of security and privacy, please feel free to do so. However, when these tools are used solely for the purpose of circumventing We-r-you or we-r-you's rules, as determined by the sole discretion of We-r-you or we-r-you, the files will be deleted.
       3d. No multiple free accounts.
       Do not create more than one free account. If you need more bandwidth, upgrade to a subscription account.

    4. No prohibited content.
       Do not upload any prohibited content, including anything that even remotely resembles child pornography. Any suspect files are turned over to the appropriate authorities and/or to the National Center for Missing and Exploited Children (NCMEC).
    5. 5. No invalid credit card information.
       Obviously, do not use stolen or fraudulent credit card information, but also please be sure to include correct contact information for your credit card account. The information will be verified with the issuing bank. If the information you provide does not match what the bank has on record, your service may be interrupted or temporarily suspended.
    6. 6. Limit archive and compression use (e.g. ZIP or RAR files).
       Please only use archived files when absolutely necessary. For example, please do not zip a single MPG file (there is no advantage for you or us to archive already compressed media files). However, if you have an assortment of files or a software install that is more easily managed using an archive, feel free to do so.
    
     

29. File Uploading, publishing and sharing with the we-r-you Service

    A. The We-r-you Service, may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, We-r-you does not guarantee any confidentiality with respect to any submissions.

    B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize We-r-you to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to We-r-you, you hereby grant We-r-you a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the We-r-you Website and We-r-you's (and its successor's) business, including without limitation for promoting and redistributing part or all of the We-r-you Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the We-r-you Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the We-r-you Website.

    C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant We-r-you all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage We-r-you or any third party; (iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. We-r-you does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and We-r-you expressly disclaims any and all liability in connection with User Submissions. We-r-you does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and We-r-you will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. We-r-you reserves the right to remove Content and User Submissions without prior notice. We-r-you will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. We-r-you also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We-r-you may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

    D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

    (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

    (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

    (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

    (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

    (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    To receive notice of claimed infringement, mail infringement@we-r-you.com. We-r-you may appoint a CopyRight agent as the number of people using the We-r-you service grows.

    E. You understand that when using the We-r-you Service, you will be exposed to User Submissions from a variety of sources, and that We-r-you is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against We-r-you with respect thereto, and agree to indemnify and hold We-r-you, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

We-r-you Anti-Spam Policy

We-r-you prohibits the use of the service in any manner associated with the transmission, distribution, or delivery of any unsolicited bulk or unsolicited commercial e-mail ("spam"). You may not use the service to send spam. You also may not deliver spam or cause spam to be delivered to any We-r-you service, Web site, or customer.

In addition, e-mail sent, or caused to be sent, to or through the service may not:

use or contain invalid or forged headers;

use or contain invalid or non-existent domain names;

employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;

use other means of deceptive addressing;

use a third party's Internet domain name, or be relayed from or through a third party's equipment, without permission of the third party;

contain false or misleading information in the subject line or otherwise contain false or misleading content;

fail to comply with additional technical standards described below;

otherwise violate the We-r-you Terms of Use.

We-r-you does not authorize the harvesting, mining, or collection of e-mail addresses or other information from or through the service. We-r-you does not permit or authorize others to use the service to collect, compile, or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses, which are We-r-you's confidential and proprietary information. Use of the service is also subject to the Privacy Statement and the We-r-you Service Agreement.

We-r-you does not permit or authorize any attempt to use the service in a manner that could damage, disable, overburden, or impair any aspect of any of the service, or that could interfere with any other party's use and enjoyment of any service.

If We-r-you believes that unauthorized or improper use is being made of any service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular Internet domain, mail server, or IP address. We-r-you may immediately terminate any account on any service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the service. Failure to enforce this policy in every instance does not amount to a waiver of We-r-you's rights.

Unauthorized use of the service in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal or administrative penalties against the sender and those assisting the sender.