Our Terms of Service

Our Terms of Service comprise a legal agreement for Web Services Corporation Inc ("WSC") and governs the use of our products & services by Clients ("Clients" or "You" or "Your"). Our System may collectively be referred to as ("WSC System" or "WSC Services" or "WSC") in areas of these Terms of Service. By purchasing our products and/or using our services, you agree to be bound by these terms. If you do not agree to these terms, do not purchase our products and/or use our services. Any rights not expressly granted herein are reserved by WSC.

Inquiries about our terms can be made through our online contact form.

Authorization

By signing our contract, submitting your online order, or approving work through any means of electronic or written communications you acknowledge and agree that:

• The prices, specifications, and conditions are satisfactory and are hereby acceptable to you;
• WSC is authorized to perform the work as specified;
• You have read this terms of service;
• You accept this terms of service;
• You authorize WSC to charge your credit card account for the services.

You also acknowledge and agree that if you make any changes to the scope of the work to be performed by WSC on your behalf, which differs from the products and/or services in the contract, online order or electronic/written communications that you authorize WSC to charge your account or credit card for all additional products and services.

Services Provided

We are an application developer specializing in Digital Content Delivery Solutions. We also provide Responsive Website Design Services as well as Enterprise Level Hosting and Email Services.

Technical Support

Within the first 30 days after completion or launch of the project, whichever happens first, all support requests are at no charge (see our guarantee below for complete information). After 30 days support for issues related to code we write or hosting services we provide are reviewed upon receipt of a support request email. Upon determination of the issue, WSC shall provide the scope of the issue, including cost to fix, for the clients approval. After the issue is fixed the clients account or card on file will be charged for the services provided.

Most support requests are due to browser upgrade issues. Browsers are constantly being upgraded by the manufacturers (Google, Microsoft, Mozilla, Apple, etc...) and without upgrading the code that we have written there are bound to be issues. We recommend that all clients budget code upgrades and maintenance to avoid possible issues.

Fees & Payments

All sales are final. No refunds.

We accept Checks and Credit Cards (MasterCard, Visa, American Express, Discover). All credit card charges will appear as Web Services Corporation Inc. on your bank card statement. All fees and payments are in U.S. Dollars. Payments for all of our products and services are pre-paid unless otherwise approved by WSC. A service fee of 2.9% and .30 cents will be added to all credit card payment transactions.

If you are paying monthly for our services or products and your credit card cannot be charged for the monthly fee your account will become suspended until updated credit card information is provided. Suspension of an account for non-payment will stop all account activity.

If you are paying yearly for our services or products you will be notified of renewal at 90 Days, 60 Days, 30 Days, 24 Hours, and at Expiration. If payment is not made prior to renewal your account will become suspended. Suspension of an account for non-payment will stop all account activity.

If payment for your products or services (monthly or yearly) is not received within 30 days of the account suspension your account will be purged from our system. Once purged data is non-recoverable.

Accounts that are Net Terms are billed on the first of every month and payment is expected within 15 Days. If payment is not received within 15 days services may be suspended, requiring re-activation. Our Mailing Address for payments is: Web Services Corporation Inc. P.O. Box 22682, Knoxville, TN, 37933. Checks that are returned as Non Sufficient Funds (NSF) are subject to a $35.00 processing fee each occurrence.

WSC reserves the right to modify the fees charged for our services from time to time, provided that such new fees shall not take effect earlier than seven (7) days after WSC notifies you via email or otherwise of such modified fees.

If you are ever in default of payment to WSC, then WSC shall have the right to suspend or terminate your services, and WSC shall not be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that results or have alleged to have resulted from such suspension or termination.

Term, Termination and Cancellation

WSC may terminate your account, your access to WSC or any of your services (in whole or in part) at any time, with or without cause, and with or without notice. You may be denied from accessing any of your WSC services or from using the WSC system or from receiving any products, services or benefits from WSC, if WSC determines you have violated these terms of service, if You have failed to remit any applicable fees when due, if any representation or warranty made by you is untrue in any respect or if WSC receives a court order or other legal action relating to your account.

In the event that WSC terminates your account for violation of these Terms of Service, you will not be entitled to the return of any fees paid with respect to any such terminated account.

If you cancel your account, for whatever reason, you will not be entitled to the return of any fees paid. Cancellation of service must be done through our online contact form.

Software Ownership, Guarantee, and Sensitive Information

We offer two types licenses for the applications and websites we build:

• Standard Rights Licensing - You own the code with some restrictions. This license permits you to use the application or website developed for the specified domain for the specified purpose on any server that you wish. No license is granted to you for the purpose of reverse engineering from the source code, reverse compiling from the source code or for making derivative works from the source code. If you choose to not do business with WSC after the application is developed this license will perpetuate after the termination of our relationship;
• Extended Rights Licensing - You own the code with no restrictions. This license permits you to use the application or website developed any way that you wish including making derivative copies for other domains and reselling.

Client agrees that the intellectual property rights that are gained in the creation of any database application or website are non-transferrable and the ownership of those intellectual property rights including functionality, logic, control panel design, database structure/organization are trademarked concepts of WSC, are owned by WSC and are protected by the United States Copyright Laws.

Software Guarantee

We guarantee our code for 30 Days after completion of your project or launch of the project, whichever happens first. We do not guarantee our code if the code is accessible by client, not hosted within our environment, or if the code was not originally written by us (code from another company).

Sensitive Information

We will not store sensitive information on our servers or on 3rd party servers unless we are requested to by the client. If client decides to store sensitive information or credit card information under no circumstances, including negligence, shall WSC or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that result or have alleged to have resulted from the storing sensitive information or credit card information on a WSC or 3rd party hosting service.

Data Backup

Clients are responsible for maintaining a current copy of all data that is stored on our servers.

If you are unable to backup your files WSC provides Deluxe Backup Services for a monthly fee. If you subscribe to this service we'll provide the backup copies requested within 24 hours of your request.

Design Credit Policy

Client agrees that the database application or website that is developed may be included in WSC's portfolio.

Project Completion

Completion times for applications and websites are determined by several factors including client participation, current programming schedule, calendar scheduling and 3rd party integration scheduling. WSC will attempt to provide a time line for all projects at contract signing but know that the factors above may at any time change the completion date. Projects that are abandoned are marked as inactive for a period of one (1) year from the last communication date. Upon the 1 year anniversary date the project was set to inactive the project will officially be declared closed and abandoned. No fees will be refunded.

Client Responsibilities

By using our services you make the following representations and warranties:

• You and all users approved by you are at least eighteen years of age;
• You have the legal authority and capacity to enter into an agreement with WSC;
• All information supplied by you or by others using your account is true and accurate including payment information;
• You will not use the database application, website or WSC system for any purpose that is unlawful or prohibited by these Terms of Service;
• Any products or services advertised, sold or otherwise distributed by you on or in connection with the database application, website or WSC system are legal for sale or distribution; and you have all licenses necessary to sell or advertise the products and services offered for sale or distribution; and that all sales and advertisements will be in compliance with applicable law, rule, and regulations;
• You own or control all of the intellectual property, proprietary and similar rights necessary for all material located on the database application, website or WSC system.

You are also responsible for:

• For providing all End User support related to the sale and/or delivery of products and services developed by WSC. You are responsible for all billing disputes, refunds, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. You are responsible for resolving any disputes relating to any completed or uncompleted transactions. WSC is not liable for your actions with End Users or the use of their information, or for any other actions arising from your use of the WSC System. By using the WSC System, you agree that you will defend and indemnify WSC, its affiliates, and service providers from any third party claim related to a breach of any of the foregoing warranties;
• For your content. WSC reserves the right, but is not obligated, to monitor or to review materials posted on your account and website and to monitor your compliance with these Terms of Service. WSC reserves the right in its sole discretion to edit, refuse to post or remove any content or materials which violate these Terms of Service in whole or in part, without notice at any time;
• For safeguarding the confidentiality of your account information, including password(s) and user name(s) issued to you;
• For any use or misuse of your account or the WSC System resulting from any third party using a password or user name issued to you. You agree to notify WSC immediately of any known or suspected unauthorized access or use of your account, your password, the password of any individual user to whom you have issued a login ID or any other breach of security or misuse of the WSC System known to or suspected by you;
• For maintaining the confidentiality of your account information and monitoring usage of your account. WSC is not responsible for fraud of participants or of other users of your account;
• For taking the necessary steps to ensure your primary means of business is maintained. WSC will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out your use of the WSC System.

Acceptable Use

We expect our Clients to use our services with courtesy and responsibility and to be familiar with and to practice good etiquette. By adhering to the following policies, our Clients are protecting the rights and privileges of all users.

In addition to financial penalties your services may be suspended or terminated for violation of our AUP.

Hosting Services

You may not use the WSC System to:

• Rent, lease, license, grant a security interest in, or otherwise transfer or sublicense your rights hereunder to any third party;
• Defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise restrict, inhibit, violate, infringe the legal rights of any other person using the WSC System;
• Conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail (spamming) or multi-level or illegal marketing campaigns;
• Sell or distribute lists, containing any personal or any other identifying information without the express contractual rights to provide such information;
• Interfere with or disrupt the WSC System, its service providers' servers or any network connected to the WSC System.

Publish, post, distribute, disseminate, advertise or link to information that:

• Contains Defamatory, libelous, slanderous, or infringing content or constitutes hate speech;
• Contains protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, or control such rights or have received all necessary consents for your publication, distribution, or linking of such software and other materials;
• Contains viruses, worms, corrupted files, cracks, Trojan horses, trap doors, back doors, worms, time bombs, cancel-bots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs;
• Facilitates the sale or distribution of firearms, explosives, ammunition, liquor, tobacco products, illegal gambling, illicit drugs, pharmaceuticals and controlled substances;
• Facilitates the sale or distribution of counterfeit, pirated or stolen goods, any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy;
• Facilitates the sale or distribution of goods or services that are considered indecent or pornographic in nature;
• Facilitates the sale or distribution of registered or unregistered securities;
• Facilitates the sale or distribution of goods or services that you cannot legally sell, goods which are misrepresented or which do not in fact exist, fraudulent goods or services;
• Facilitates the sale or distribution of goods or services that if sold by the WSC System would cause WSC to violate any law, statute or regulation;
• Facilitates the harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
• Violates any applicable government laws, rules or regulations.

Bulk Email

You may not use the Mail Service to send Bulk Mail. "Bulk Mail" means email messages of similar content that are sent to more than two hundred and fifty (250) recipients. Attempts to circumvent this restriction by breaking up bulk email over time, using multiple accounts, or other means will be a violation of this restriction.

You may not use a third party other than an authorized WSC partner to send Bulk Mail that references a Mail Service email address or that has a Mail Service return email address.

You may not intentionally use your Mail Service for the purpose of receiving bulk email from others. For example, you may not submit any Mail Service email address to a "Safelist" or "Free for All" (FFA) list.

Mail messages sent to other users within your domain names hosted on the WSC system are not Bulk Mail.

Unsolicited Mail

You may not send unsolicited email. Email is unsolicited if you have no pre-existing relationship with the recipient, unless the recipient has published or otherwise provided or his or her email address in a manner which implies consent to receive the email.

Message Source

You may not obscure the source of your email in any manner, including by intentionally omitting, forging, or misrepresenting messages headers or return addresses.

Offensive Content

You may not use the Mail Services to distribute content or links to content that WSC reasonably believes:

• constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;
• is excessively violent, incites violence, threatens violence or contains harassing content or hate speech;
• is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
• is defamatory or violates a person's privacy;
• creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security or interferes with a investigation by law enforcement;
• improperly exposes trade secrets or other confidential or proprietary information of another person;
• is intended to assist others in defeating technical copyright protections;
• infringes on another person's copyright, trade or service mark, patent or other property right;
• promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal arms trafficking;
• is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to WSC;
• is otherwise malicious or fraudulent, or may result in retaliation against WSC by offended recipients; or is intended to harass or threaten.

You may not send email of any kind to a person who has indicated that they do not wish to receive it.

Security

You may not probe, scan, or test WSC's systems for vulnerabilities. You may not violate or attempt to violate WSC's security measures. You may not use WSC's services to probe, scan or test a third party's systems for vulnerabilities, or to violate or attempt to violate a third party's security measures. Examples of security violations are: (i) attempting to access data not intended for your use; (ii) attempting to log into an account that you are not authorized to access; (iii) attempting to obtain services you have not paid for (including WSC Services); (iv) attempting to discover another person's authentication information; and (v) interfering with another user's use of the Services.

You must use reasonable security precautions in connection with your use of the Services, such as a desktop virus scanner and fire wall. If your Service is exploited by a third party, WSC may suspend your Services until the vulnerability is addressed. For example, WSC may suspend your Mail Service if you are distributing a virus, even if you are unaware that you are distributing a virus.

System Abuse

You may not use the Mail Services in a way that creates technical disturbances for other WSC clients or for WSC systems generally. In addition:

• No Shared Mailboxes - each mailbox may be used by one natural person at a time. Attempts to log into a single mailbox simultaneously from more than one computer are prohibited. You may not use automated tools such as "Fetchmail" or "Microsoft Exchange Connector" to virtualize one mailbox into multiple mailboxes;
• Automated Use - mailboxes are not intended for automated use such as sending emails from web servers, or receiving emails by automated programs. However, such use is permitted provided client does not violate this AUP.

Email Abuse Complaints

Complaints from email recipients and third party abuse agencies (e.g. SpamHaus or Spamcop) shall be deemed proof of the facts stated therein unless you provide compelling evidence to the contrary. WSC shall have the right to terminate your Mail Service if we receive excessive or repeated complaints from your email recipients, regardless of whether you are in breach of this AUP or are otherwise at fault.

Blacklisting/Retaliation

WSC may terminate your Services if your email address or related IP number(s) is/are blacklisted by any third party, or WSC is retaliated against as a result of your email, regardless of whether you are in breach of this AUP or are otherwise at fault.

Third Party Mail Marketing

You may not use your Mail Service to send Bulk Mail (defined above) except via a mail marketing service that we have approved in advance. You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk and commercial mail. In addition, you must meet all of the following requirements:

• The mail may be sent only to individuals who have affirmatively indicated they wish to receive it;
• Your procedures for seeking consent include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given;
• You retain evidence of each recipient's consent in a form that can be promptly produced on request, and you honor the recipient's and WSC's requests to produce consent evidence within 72 hours of receipt of the request.
• You have procedures in place that allow a recipient to revoke their consent - such as a link in the body of the email, or instructions to reply with the word "Remove" in the subject line; you honor revocations of consent within 48 hours, and you notify recipients that the revocation of their consent will be implemented within 48 hours;
• You have procedures in place to prevent you from adding to a list a recipient who has previously revoked their consent;
• You must post an email address for complaints (such as abuse@yourdoman.com) in a conspicuous place on any website associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
• You must have a Privacy Policy posted for each domain associated with the mailing;
• The subject line of the email must clearly describe the subject matter contained in the email, and the message must include valid contact information, including your physical address;
• You have the means to track anonymous complaints; and
• You must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days.

These requirements apply to distribution lists created by third parties to the same extent as if the list were created by you.

You may not use a third party email service that does not practice similar procedures for all of its clients.

WSC may test and otherwise monitor your compliance with these requirements and may require you to seek advance approval for any Bulk Mail. WSC may throttle your mailing if your Bulk Mail is generating excess bounced messages.

Installing Third Party Software

WSC servers are dedicated database application servers and we do not permit third party software to be installed unless approved and tested by us first.

All software that is requested to be installed on our server will be tested and the clients expense to make sure the software is safe for the hosting environment, does not contain security breaches and to make sure it will work properly.

Software installed without approval will be deleted from the server, your account will be suspended or cancelled and financial penalties may imposed.

Third Party Hosting Services

WSC may at it's own discretion contract with third party hosting provider for hosting services.

WSC will notify you if your services are going to be hosted with a third party hosting provider. If done, WSC utilizes web hosting services from only reputable companies. As you depend on us for service, we depend on them for service. Due to circumstances beyond our control, downtime can occur. We reserve the right to change carriers at any time without notice.

You acknowledge and understand that neither WSC, nor any of its officers or employees, warrant the hosting services offered or provided by third party hosting companies. WSC specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the hosting services. You shall be bound by the terms and conditions of the hosting company. Under no circumstances, including negligence, shall WSC or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that result or have alleged to have resulted from the use of or inability to use the hosting services; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to the hosting service's records, programs or services.

Domain Registration

Registration of domain names are open to qualified organizations and individuals on a non-discriminatory, first-come first-served basis. There is no limit on the number of registered names one organization or person can hold.

Domain Types

We offer all top level domain purchases including .com, .net and .org.

Domain Management Services

DNS Management allow us to maintain and manage the Domain Name Server information (DNS) for emergency purposes. If a server needed to be replaced our DNS Management Services allows us to point the DNS to the new server quickly so that downtime is minimal.

Private Registration Services allow you to remain anonymous and avoid spam related email.

Renewal Management Services allow us to keep all of your services synched for renewal purposes.

Domain Fees

We allow unlimited domains per client account number, domains are $35.00 per domain per year. All fees are due at the time of registration. Our fees include Domain Name Service, Private Registration, and Domain Management.

Renewal fees are $35.00 per domain per year.

Refunds

There are absolutely No Refunds. Please make sure the domain is spelled correctly before submitting your order.

Registration Information

All domain name registrations require valid owner and technical contact information. As your domain manager we are those contacts for the contract period.

At renewal you can either renew the domain service with WSC, transfer domain to another service provider or open an account within our current domain registrar system (currently GoDaddy.com) and have domain transferred to said account. Once domain leaves our domain service we are no longer responsible for the domain or management of the domain.

Client officially owns the domain(s) as stated on your paid in full contract even though the whois will show Web Services Corporation Inc.

Renewal Notices

Renewal fees are due prior to the renewal date. Clients are notified of renewal at 90 Days, 60 Days, 30 Days, 24 Hours and at Expiration.

At our discretion domains that are not renewed will either be purchased by WSC or moved to redemption status with the domain registrar (currently GoDaddy.com). If domain is moved to redemption status the cost of renewal will include a redemption fee and the domain registration fee. Redemption status only lasts for 30 days and after that the domain will be available to the general population.

Activation Time Frame

A newly registered domain name will be activated within 24-48 hours of registration.

Acceptable Domain Names

Domain names can be from 1 to 62 characters in length (we do not recommend more than 23 characters), and may not begin or end with a dash (-) or contain any spaces between characters. Except for the dash (-) character, only alphanumeric characters A-Z and 0-9 are accepted. We reserve the right to deny registration of a domain name we deem offensive or inappropriate for any reason.

Acceptable Use

You agree that, to the best of your knowledge, the name you are registering does not infringe on any trademark or violate any trademark and intellectual property law. If it is later found that a trademark infringement may have occurred, and a dispute arises, you agree to be bound by our Domain Name Dispute Resolution Policy.

Unacceptable Use

Use of any domain name for a purpose unlawful in the United States of America and any of its states is prohibited, and could cause deletion of your domain name.

The sending of unsolicited bulk email (spam) is also prohibited and constitutes a violation of the registration agreement.

WSC can in its sole discretion revoke, suspend, transfer or otherwise modify a domain name registration upon seven (1) calendar days prior notice, or at such time as we receive a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the revocation, suspension, transfer or modification of the domain name registration.

In the case of nonpayment, charge back or other direct violation of these terms and conditions, you agree that we can at our sole discretion revoke, suspend, transfer or otherwise modify a domain name registration without notice.

Copyright and Trademark Notices

This website is owned and operated by Web Services Corporation Inc. Duplicating or copying any content from this website is a direct violation of copyright law. Unauthorized copying, distribution or use is strictly prohibited without written consent from WSC.

WSC and associated marks are either a trademark or registered trademark of Web Services Corporation Inc.

All other copyrights remain property of their respective owners.

Communication and Notices

All official communication between WSC and Clients as well as notices set forth within this agreement shall be by e-mail to the client primary email address on record. It is sole responsibility of the client to ensure that the e-mail address listed with WSC is accurate and up to date.

In the event WSC sends a notice of cancellation, renewal or any other official notice to an e-mail address that is no longer valid for Client, such notice shall be deemed delivered per this agreement.

The information provided by WSC to you is proprietary in nature. You agree not to share any information provided to you by or on behalf of WSC with any third party.

Clients shall send communications through our online contact form.

Disclaimer and Indemnification

Your access to and use of the WSC System is at your own risk. WSC makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the WSC System, or such products or services.

In no event shall WSC, or its service providers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or any damages whatsoever including, without limitation to:

• Damages for loss of use, data, accounts, revenues or profits, arising out of or in any way connected with the use or performance of the WSC System;
• With the delay or inability to use the WSC System or related services;
• The provision of or failure to provide services arising out of the use of the WSC System whether based on contract, tort, negligence, strict liability or otherwise, even if WSC, or service providers has been advised of the possibility of damages.

If you are dissatisfied with any portion of the WSC System or with any of these terms of service, your sole and exclusive remedy is to discontinue using the WSC System and its related services.

WSC will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to:

• Your use of the WSC System, its services or products;
• Errors, bugs, viruses, or other defects in the WSC System;
• Lost company, End User or vendor information (including, without limitation, billing information, credit card numbers, lost orders, etc;
• Illegal or criminal activities committed by third parties, including but not limited to reliance on any information obtained on the WSC System or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to WSC records, programs or services.

Submitting your order over the Internet is done at your own risk and discretion. WSC has no liability if parties other then WSC officers and employees obtain the contents of your submission.

Clients shall defend, indemnify, save and hold WSC harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages asserted against WSC, its officers and employees, that may arise or result from this website or it's services.

Notwithstanding the above, Clients exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the aggregate dollar amount which Client paid during the one month immediately preceding the claim or the term of this Agreement, whichever is less. These obligations will survive any termination of your relationship with WSC or your use of our service.

Governing Law

This Agreement, and the performances due hereunder, shall be construed and governed in accordance with the laws of the State of Tennessee. Venue for purposes of any court action shall be in Knox County, TN. As such, all claims concerning this Agreement shall be brought exclusively in the State or Federal courts located in Knox County, State of Tennessee. The parties hereby consent to submit to the jurisdiction of such courts located in Knox County, State of Tennessee and waive any personal jurisdiction or venue defenses concerning said forum. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WSC as a result of these Terms or Service or use of our services.

The parties expressly agree that The Uniform Computer Information Transactions Act or any version thereof adopted by any State in any form ("UCITA") shall not apply to this agreement, including any applicable product agenda. To the extent that UCITA is applicable, the parties agree to opt out of the applicability.

If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. If moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, such provision shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.

No delay or omission on the part of either party to this Agreement in requiring performance by the other party hereunder, or in exercising any right hereunder, will operate as a waiver of any right or rights hereunder. Any and all representations and warranties, indemnification obligations, confidentiality requirements, intellectual property, applicable law, notice, and termination provisions, jurisdictional consents, and this Section shall survive the termination of the Agreement by either party for any reason.

Unless otherwise specified herein, these Terms of Service, and the Privacy Statement constitute the entire agreement between the user and WSC with respect to the WSC System and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WSC with respect to the WSC System.

Non-Disclosure Statement

WSC does not disclose client information, ideas, layouts or overviews deemed confidential by the client to any third parties unless previous authorization has been granted by the client.

Once information is released into the public domain through any means it is no longer considered confidential and WSC is not responsible for the security of any information that was previously deemed confidential.

Updates to Our Terms of Service

Our Terms of Service is periodically reviewed and enhanced as necessary and we reserve the right to modify our Terms of Service at any time. An update date is always provided so that you know when it was updated.

Our Terms of Service was Last Updated on 10/04/21.