Please Read the Following “Terms of Use” Carefully

This web site (the “Web Site”) is provided by Web By Design (”WBD” or “Web By Design”) subject to these terms of use and all modifications thereto (”Terms of Use”). By using this Web Site, any user who visits this blog (”You”) agrees to follow and be bound by these Terms of Use.

In order to use the Web Site, You must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for Your own access to the World Wide Web; and (3) pay any telephone or other service fees associated with such access.
Web Site Content

This Web Site contains trademarks, service markThis Web Site contains trademarks, service marks, logos, data, text, graphics, photographs, sound, video, and other content owned by Web By Design or its third party licensors (”Web Site Content”). As between You and Web By Design, Web By Design is the sole owner of all Web Site Content on the Web Site, including without limitation, all copyrights, trademarks, service marks and other intellectual property rights thereto. You may not download or save a copy of the Web Site Content or any portion thereof, for any purpose, except You may print a copy of individual screens appearing as part of the Web Site solely for Your personal, non-commercial use or records, provided that any proprietary rights notices, marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. Except as expressly permitted in these Terms of Use, You may not modify, copy, publish, display, transmit, adapt or in any way exploit the Web Site Content, without the express prior permission of Dick. This is not flexible in any way

You shall not copy, sell, rent, lease, license, sublicense, grant any rights in, transfer, distribute, time-share or otherwise assign to any third party any portion of the Web Site or Your rights in licenses thereto, or use any portion of the Web Site to operate a time sharing service, service bureau or perform services for third parties.
Forums; User Content

Web By Design may provide You with the capabiliWeb By Design may provide You with the capability of posting to the Web Site or otherwise supplying to Web By Design information (excepting personally identifiable information the use of which is governed solely by WBD, data, text, music, sound, photographs, graphics, video, messages and other materials (”User Content”). By posting User Content on or through this Web Site, You agree that You are solely responsible for the origination, accuracy, completeness, ownership, publication and dissemination of, and that You, and not Dick, are entirely responsible for, Your User Content, obtaining and maintaining all rights, licenses, permissions, releases, approvals, clearances, credit, or attribution information relating to all User Content and paying any applicable royalties or fees in connection therewith.

By submitting or sending User Content to Web By Design or otherwise making User Content available for display on or through the Web Site, You grant Web By Design, its affiliates, and any third party suppliers, vendors, contractors, licensors or service providers of Web By Design (”Suppliers”) the royalty-free, world-wide, non-exclusive license for Web By Design and its Suppliers to use, reproduce, modify, adapt, publish, translate,distribute, perform and display such User Content (in whole or part) as required to operate the Web Site.

Web By Design does not endorse and assumes no obligation to monitor or filter any User Content posted, or otherwise made available, on or through the Web Site. There are some controls around certain keywords and swearwords and this is always under review and optimisation. However, Web By Design (or a designee) reserves the right (but assumes no obligation) to, at its sole discretion, refuse, edit or remove any User Content, and may take any reasonable action it deems necessary or appropriate with respect to any User Content, that, in WBD’s sole judgment, does not comply with these Terms of Use, is illegal, or is otherwise undesirable, inappropriate or inaccurate. WBD is not responsible for any failure, non-failure or delay in refusing, editing or removing such User Content.

User ConductYou may not upload, post, email or otherwise transmit any User Content on or through the Web Site that:

1. is Objectionable;
2. contains any viruses, time bombs, Trojan horses, worms or other computer programming routines that may damage or interfere with the operations of the Web Site;
3. is knowingly untrue, inaccurate or misleading; or
4. interferes with the operation of the Web Site in any manner.

“Objectionable” means, as to any information in any medium or format, including without limitation text, data, graphics, audio or video, content (or use of the content) that: (a) is defamatory, unlawful, or plagiarized; (b) a reasonable person would consider harassing, abusive, threatening, obscene, hate speech, or racially or ethnically offensive; (c) constitutes a breach of any person’s privacy or publicity rights; (d) violates any statute, regulation or ordinance; or (e) promotes software or services that deliver unsolicited mail.

You further agree that You will not:

1. use the Web Site, or any part thereof, to “stalk” or harm any other User or any other person in any way;
2. impersonate any person or entity, including, but not limited to, a WBD officer, director, or representative, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
3. falsify headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Web Site;the normal flow of dialogue in a forum;
4. interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site;
5. “hack,” infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Web Site;
6. harvest, collect or store information about the Users of this Web Site or the User Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site;
7. use any automated procedure to gather information or data on or from the Web Site by means of what is commonly called a “bot” or otherwise;
8. breach or attempt to breach the security of software, network, servers, data, computers or other hardware relating to the Web Site or that of any third party that is hosting or interfacing with any part of the Web Site, or use or distribute on the Web Site software or other tools or devices designed to compromise privacy or security; or
9. rate any frames at any other Web sites pertaining to or using any of the information provided through the Web Site, or promote bonus items, giveaways, random drawings, contests or prizes on the Web Site.
10. Security tools, shell scripts, technologies, binary source code, projects and initiatives made available or described online within this blog are purely informative. Richard in no way takes responsibility or liability for use or misuse of these tools, binary executable code, techniques or technologies.
11. You will not impart or use in any way manner or form any content from this site or linked from this site in any manner to breach the Computer Misuse Act 1990 or the Police and Justice Act 2006 or mandated changes to either of those acts. Furthermore you absolve Web By Design of any and all responsibility for your behavior or any reactive stance taken that breaches legislation or governance published globally. Your rights are not affected by this statement however WBD draws attention to the needs to observe governance, sensible use and the rights of third parties. If you behave in a sensible manner online and you learn the lessons WBD attempts to bring to your attention you can imbue your own security best practices. There is no grey area around this wording and your attention is drawn to your responsible use of any and all online resources, CBTs or toolkits.

In this site, WBD may provide links to third parties’ Web sites and access to content, products and services from third parties (”Linked Sites”) from the Web Site. Linked Sites are not reviewed, controlled or examined by Web By Design in any way and Web By Design is not responsible or liable for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Web By Design’s endorsement of or association with the Linked Sites. You should refer to the policies posted by such Linked Sites regarding data collection, privacy and other topics before You use them. Web By Design may refer to or list third parties on the Web Site who maintain separate web sites. You should refer to the policies posted by such third parties on their web sites regarding data collection, privacy and other topics before you use them.

All personally identifiable information collected through the Web Site will be handled in accordance with the WBD’s Privacy Policy, which is incorporated by reference into these Terms of Use.

THIS WEB SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, Web By Design SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, INTEGRATION, APPROPRIATENESS, RELIABILITY, COMPLETENESS OR TIMELINESS, USEFULNESS, ARISING FROM TRADE USAGE OR COURSE OF DEALING OR COURSE OF PERFORMANCE, OR OTHERWISE OF THE WEB SITE AND THE WEB SITE CONTENT THEREON; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, QUIET ENJOYMENT, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE WEB SITE WILL BE SECURE, UNINTERRUPTED, NOT DELAYED OR SUSPENDED, UNCHANGED OR ERROR FREE.

IN NO EVENT WILL Web By Design BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF USE, TRANSACTION LOSSES, LOSS OF A CHANCE, OPPORTUNITY COSTS, COSTS OF PROCURING SUBSTITUTE GOODS, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF Web By Design MAYHAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION.

Indemnification

By using the Web Site, You agree to defend, indemnify and hold Web By Design harmless from any and all claims, demands, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from Your use of the Web Site, any violation of these Terms of Use by You, or any User Content You post on or through the Web Site.
Copyright Infringement

If You believe that any content on the Web Site has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please notify WBD directly at becca@webbydesign.net

Applicable Laws/Jurisdiction Web By Design controls and operates this Web Site from a hosted webserver.  Persons who choose to access this Web Site from other locations do so on their own initiative. You are responsible for compliance with all statutes, rules, regulations and policies of all applicable worldwide jurisdictions and the instrumentalities and political subdivisions thereof.

The laws of the US, excluding its conflicts-of-law rules, shall govern these Terms of Use and Your use of the Web Site. You agree that any claim or dispute with Web By Design or relating in any way to Your use of the Web Site shall be commenced and heard in the United States, and You agree and expressly consent to the exercise of personal jurisdiction in US courts, in connection with any such dispute. Any claim arising out of or relating to these Terms of Use shall be brought within two (2) years of the date on which the claim arose (which may not be deemed earlier than the date the party bringing the claim knew, or should reasonably have known, that such cause of action had arisen), or such claim shall be waived and forever barred.

Changes to Terms of Use and Web Site Web By Design may change these Terms of Use from time to time and at any time, and without actual notice to You. All such changes to these Terms of Use will appear on this page of the Web Site. We encourage You to check for changes to these Terms of Use regularly. By using the Web Site following any modifications to these Terms of Use, You agree to be bound by any such modifications to these Terms of Use. Unless explicitly stated otherwise, any new features that augment or enhance the current Web Site shall be subject to these Terms of Use.
General

If any provision of these Terms of Use is held to be invalid or unenforceable, in whole or in part, such holding shall not affect the validity or enforceability of the other provisions of these Terms of Use, and any part of such provision not held invalid or unenforceable shall remain in effect. If such holding of invalidity or unenforceability is based on a measure of liability, performance or time set as a standard in the Terms of Use, such provision shall be replaced by a legally valid measure of liability, performance or time which is as close as possible to that originally specified. Web By Design’s failure to act with respect to a breach of these Terms of Use by You does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms of Use and our Privacy Policy (please write requesting info if requiring a copy), and any modifications thereto, constitute the entire agreement between the parties with regard to the Web Site and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms of Use shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You acknowledge (a) that You have read and understood these Terms of Use; and (b) that these Terms of Use have the same force and effect as a signed agreement.