WISPFAQ Web Site User Agreement

The WISPFAQ.com Web Site (the "Site") is an online information service provided by Allen Marsalis d/b/a WISPFAQ along with contributions from the WISP community and is subject to your compliance with the terms and conditions set forth below.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. WISPFAQ MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

Domestic and International copyright and trademark laws protect the entire contents of the Site as a whole. WISPFAQ contributors give WISPFAQ.com the right to freely publish submissions on the Site. Submissions are warranted by their WISPFAQ contributors to be legal to publish on the site. WISPFAQ.com is not responsible for the content of submissions from WISPFAQ members. Each submission may be owned, copyrighted, and/or trademarked by the WISPFAQ member who submits it.

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE without the permission of its respective owner. You may print and download portions of material from the different areas of the Site solely for your own use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to WISPFAQ.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to reproduce, distribute, transmit, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as FAQ database) or by e-mail to WISPFAQ.com. You also grant to WISPFAQ.com the right to use your name in connection with the submitted materials. You agree that you shall have no recourse against WISPFAQ.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to WISPFAQ.com.

If you believe that content appearing on the Site constitutes copyright infringement of another party's rights, please email admin@wispfaq.com.

2. Trademarks.

WISPFAQ and WISPFAQ.com are the exclusive trademarks or service marks of Allen Maralis d/b/a WISPFAQ. Any use of WISPFAQ’s trademarks is strictly prohibited without the express permission from WISPFAQ. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

3. Use of the Site.

WISPFAQ does not control or endorse any information, products or services on the Internet in any way. All information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with WISPFAQ. You also understand that WISPFAQ cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

WISPFAQ offers a search feature within the Site. WISPFAQ explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. WISPFAQ also disclaims any responsibility for the completeness or accuracy of any directory or search result. WISPFAQ disclaims any responsibility for any accident, loss of property, or any loss up to and including loss of life relating to the use of any information within the Site.

In connection with your use of the Site, you agree you will not:

    a) Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;

    b) Impersonate any person or entity, including but not limited to, an WISPFAQ official or fellow contributor or falsely state or otherwise misrepresent your affiliation with a person or entity;

    c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

    d) Post or transmit any Material that contains a virus or corrupted data;

    e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

    f) Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

    g) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;

    h) Violate any applicable local, state, national or international law;

    i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

    j) Delete or revise any Material posted by any other person or entity;

    k) Register, attempt to register, unregister, or attempt to unregister, any party for anyWISPFAQ service if you are not expressly authorized by such party to do so.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. WISPFAQ PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND WISPFAQ SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.

LIMITATION OF LIABILITY

IN NO EVENT WILL WISPFAQ BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF WISPFAQ OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.

4. Indemnification and Reservation of Rights.

You agree to indemnify, defend and hold harmless WISPFAQ and its owners, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.

WISPFAQ reserves the right to release current or past member or Web site user information if WISPFAQ believes that a member’s account is being used to commit unlawful acts, if the information is subpoenaed and/or if WISPFAQ deems it necessary and/or appropriate.

5. Third Party Rights.

The provisions of paragraphs 3 (Use of the Site), and 4 (Indemnification) are for the benefit of WISPFAQ and its owners, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

6.Term; Termination.

Either party without notice may terminate this Agreement at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 3 (Use of the Site), 4 (Indemnification), 5 (Third Party Rights) and 10 (Miscellaneous) shall survive any termination of this Agreement.

7. Special Admonitions for International Use.

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

8. Dealings with Third Parties.

Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that WISPFAQ shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

9. Links.

The Site may provide links to non-WISPFAQ Internet World Wide Web sites or resources. Because WISPFAQ has no control over such sites and resources, you acknowledge and agree that WISPFAQ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that WISPFAQ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

10. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of the State of Louisiana, United States applicable to agreements made and to be performed in the State of Louisiana, United States. You agree that any legal action or proceeding between WISPFAQ and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the Parish of Caddo, State of Louisiana, United States.

Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. WISPFAQ's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. WISPFAQ may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.


Copyright 2002 WISPFAQ All Rights Reserved.