Policies

When you contract with AD WIZARDS to design, create & host your Web Page or Website, upon completion of the work, you will own the code files created with some conditions attached. The exception to this is the use of custom graphics and custom programming. AD WIZARDS retains the copyrights for these images & code. These files may, under certain conditions, be used for a mirror website, but only with written permission by AD WIZARDS. Failure to get this permission will be considered an infringement of copyright and thus illegal use. Rights for all images and code/scripts are reserved by AD WIZARDS, unless otherwise agreed upon. All images and code/scripts are licensed for a one time use only on the client’s Web Site.

NOTE: All contracts for website development are to be completed within 90 days from signing of agreement unless specially agreed in writing to the contrary. Failure by client to provide the necessary text, photos, etc. as needed and within that time frame will constitute a violation of the agreement and, at AD WIZARDS’ discretion, may be grounds to terminate the agreement. No refunds will be given once any work has been started.

Payment

Payment for all services must be received in full prior to work being started if amount is less than $500.00 unless otherwise agreed upon in advance. For amounts over $500.00, 50% deposit/downpayment, with balance due upon completion of work, will be required unless otherwise agreed upon in advance.

Renewals

There will be a single anniversary date for any and all accounts with AD WIZARDS to simplify accounting. This may be modified at AD WIZARDS’ discretion. Normally you will be invoiced 30 days prior to your renewal anniversary date. Payment is due by said date or you risk having your site removed from the web. Hosting normally is paid for annually in advance.

Cancellation

If during the first year you wish to remove your files from our server and cancel your Host Agreement with AD WIZARDS, you may do so at any time with 30 days written notice. (Email is OK). Refunds for a partial year of hosting will be pro-rated using the monthly rate of $45/mo. provided that your account is paid in full. This is subject to some exceptions in certain cases, or where third party charges were involved. Refunds will be made at the sole discretion of AD WIZARDS. In cases where advance notice is not given, under no circumstances would a refund apply unless AD WIZARDS agrees to provide it on a case by case basis.

Should AD WIZARDS wish to cancel the hosting of an existing client for whatever reason, a minimum of 7 days notice will be provided in writing or via email. AD WIZARDS will make reasonable efforts to assist the new host site’s webmaster with copies of the client’s files. If said client does not make the proper arrangements for the transition by said deadline, AD WIZARDS will discontinue DNS service to said website and send a zipped copy of all pertinent files to client via a CD in USPS or via email. Ad Wizards reserves the right to interrupt any and all services being provided after a 10 day grace period for unpaid invoices.

Refunds

If a cash refund is due upon cancellation of a prepaid annual hosting agreement, payment will be made by check to the client within 30 days of official cancellation date. Cash refunds will not be given on deposits or initial payments for any other type of work once that work has commenced. AD WIZARDS may elect in certain cases to offer a credit for future services. If AD WIZARDS does elect to offer any kind of credit rebate once a project has commenced, that credit may be transferable to a third party only with the express written consent of AD WIZARDS.

Notification

All written notifications for cancellation must be directed to either:

don@adwizards.com or by snail mail to:

AD WIZARDS
706 County Rd 119
Burnet, TX 78611

Disclaimer

AD WIZARDS is not responsible for the content, fulfillment, response, products or services offered on our clients’ Web pages. We do however make an attempt to insure that the products and services offered by our clients are legitimate.

Legal Stuff
(Boring yet necessary)

Limitation of Liability & Indemnity

AD WIZARDS will not be held accountable for any monetary losses, real or imagined, by any of our users or their businesses due to any down time of our servers or problems that may affect their email services or web hosting. Users of our POP email services agree to all our policies on use of same. Users agree that any email over 30 days old will be automatically deleted from our servers. The use of an adwizards URL or email address for Bulk Email, SPAM or Unsolicited Mailings is cause for immediate closure of their account with no refund.

If Ad Wizards initiates notice to a client that their hosting is being terminated as of a specific date, Ad Wizards accepts NO responsibility for any damages or loss of business, real or imagined, due to the client having to move their website to another host server after the termination deadline date. Ad Wizards WILL assist the new webmaster with the transfer of website and/or shopping cart files in a timely and professional manner.

Policies & Proceedures

1. Terms of Service Agreement and Policies and Procedures.

AD WIZARDS provides you (“advertiser”, “user” or “you”), with a web page on the World Wide Web (“WWW”). This service is subject to these Policies and Procedures (herein “POP”). The Quote and Request for Service you agreed to incorporates POP by reference. Further, the POP governs use of AD WIZARDS by third-parties. The POP, with the Quote and Request for Service, comprises the entire agreement between AD WIZARDS and you, and supersedes any prior agreements between you and AD WIZARDS with respect to the subject matter of the POP; provided, however, that you shall be subject to any additional terms and conditions which you are notified of and which may apply when using third party content, software or services. AD WIZARDS may revise the POP at any time, and such revision shall be effective thirty (30) days upon posting the revised POP on it’s web page, which will include notice of the date of the last POP modification (“Notice”). You agree to review the POP periodically to be aware of such revisions. If any such revision is unacceptable to you, you may terminate your advertising as provided in Section 9 below. Your continued use of AD WIZARDS following notice of any such revision to the POP shall be conclusively deemed acceptance of all such revisions.

2. Charges.

Current rates and surcharges for using AD WIZARDS may be obtained by calling AD WIZARDS’ Customer Service at 512/715-8008 or sending an Email to webmaster@adwizards.com. AD WIZARDS’ billing practices are explained under “Billing Terms.” AD WIZARDS reserves the right to change its fees and billing methods at any time. If any such change is unacceptable to you, you may terminate your advertiser account as provided in Section 9 below. Your continued use of AD WIZARDS following any such change shall be deemed acceptance of such change. Your initial annual advertisers fee is payable in advance and is not refundable. After renewal, if confirmed with 30 days written notice, Advertiser may be entitled to a partial refund. You are responsible for all charges associated with connecting to AD WIZARDS.

3. Rights and Responsibilities.

(a) Rights. Your html web page files belong to you with some restrictions. By placing your files with AD WIZARDS, you acknowledge that (i) AD WIZARDS is permitted to post and use such files, (ii) that all Content is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights (“Rights”); and (iii) that these Rights are valid and protected in all media existing now or later developed. You agree that you may upload to the software files, message boards or otherwise transmit on or through AD WIZARDS only Content that is not subject to any Rights, or Content in which any holder of Rights has given express authorization for distribution on AD WIZARDS. AD WIZARDS reserves the right to include copyright statements and design credits on all pages hosted in a subdirectory of the AD WIZARDS domain. Full copyrights and unlimited, unrestricted usage of all website contents, including graphics will be assigned to client by AD WIZARDS for a fee equal to 25% of total invoice (or minimum of $100, whichever is greater). AD WIZARDS reserves the right to retain and use a copy of client’s site (or images), as it was originally designed, in a website portfolio. Copyright statement will reflect client’s ownership. These fees may be waived if AD WIZARDS so desires. AD WIZARDS reserves the right to include the following statement and design credit on the bottom of each page we create which is hosted as a subdirectory of AD WIZARDS: “Created by AD WIZARDS” (with AD WIZARDS being an image).

If your website will be hosted in a Virtual Domain, AD WIZARDS reserves the right to include the following statement on the bottom of the homepage: “Created by AD WIZARDS” (with AD WIZARDS being an image) for as long as the page remains essentially the same as originally designed by AD WIZARDS. This may be waived at the discretion of AD WIZARDS.

(b) Conduct and Communication. AD WIZARDS may elect at its sole discretion to monitor some, all or none of the linked or updated files on AD WIZARDS for adherence to the POP. You agree to use AD WIZARDS only for lawful purposes. Any conduct by an Advertiser that in AD WIZARDS’ sole discretion restricts or inhibits any other advertiser, person or entity from using or enjoying AD WIZARDS or another service will not be permitted and shall entitle AD WIZARDS to immediately terminate advertising without notice. For AD WIZARDS’ policy on advertiser privacy, refer to Section 10 of the POP.

4. International C&S/Internet.

(a) International Areas. You acknowledge that your use of AD WIZARDS may allow access to Content originating from advertisers, ICPs and other third parties located in countries other than the United States (“International C&S”). Your access to and use of the International C&S will be governed (in addition to this Agreement) by separate terms and operating policies which conform to appropriate national laws and customs.

(b) Internet. AD WIZARDS is accessed through the Internet. The Internet is not owned, operated, managed by, or in any way affiliated with, AD WIZARDS or any of its affiliates. Your use of the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.

5. NO WARRANTY.

To the extent not limited by state or local law, advertiser expressly agrees that use of AD WIZARDS and the Internet are at advertiser’s sole risk. AD WIZARDS is provided on an “as is,” “as available” basis without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion.

6. Indemnification.

Upon request of AD WIZARDS, Advertiser agrees to defend, indemnify and hold harmless AD WIZARDS, its affiliated companies, licensees and ICPs from all liabilities, claims and expenses, including attorney’s fees, arising from breach of the POP by use of, or in connection with, the transmission by or through advertiser’s account of any Content on AD WIZARDS. AD WIZARDS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by advertiser hereunder, and in such event, advertiser shall have no further obligation to provide indemnification for such matter.

7. Termination.

Either Advertiser or AD WIZARDS may terminate advertising at any time. Advertiser’s only right with respect to any dissatisfaction with any (i) POP term, or policy or practice of AD WIZARDS in operating AD WIZARDS, (ii) Content available through AD WIZARDS or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate Advertising by delivering written notice to AD WIZARDS by Email (to “webmaster@adwizards.com”), fax (above) or regular mail. Advertiser’s notice of termination will be effective within 30 days, upon receipt by AD WIZARDS. In the event that an advertiser’s account is terminated or canceled, any unused time is not convertible to cash or other form of credit. Upon written request, via Email or regular mail, Advertiser’s files will be returned or forwarded to the destination as requested by Advertiser.

AD WIZARDS also makes it known that they will not tolerate, condone, or be a party to the use of unsolicited “bulk email” or “spamming” in any way, shape, or form that is not compliant with the Can-Spam Act of 2003. Any client that posts, or uses, an AD WIZARDS’ URL (webpage address) or email address residing on our server, or with our contracted ISP as part of a “spamm”, is subject to immediate termination of their hosting agreement, with absolutely no refund or advance notice to client.

8. To the extent of any conflict between this agreement and the Quote and Request for Service, the Quote and Request for Service shall take precedence. Should any part of the POP be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and allow the remaining portions to be in full force and effect. The POP shall be governed by the laws of the State of Texas, excluding its conflicts of law rules, and Advertiser and AD WIZARDS must each submit to the exclusive jurisdiction of the courts of the State of Texas.

9. Billing Terms

(a) ANNUAL FEE: The current annual fees for advertising on AD WIZARDS are for standard service, unless otherwise provided in the Quote and Request for Service. The fee must be paid in advance unless authorized by AD WIZARDS. Standard web design service includes:

(i) Design, development & coding of your web page

(ii) Listing in the AD WIZARDS’ Business Directory

(iii) Submission of Advertiser’s site to Primary Search Engines

The annual fees are subject to change by AD WIZARDS.

(b) BILLING DATE: This is the date that you will be billed for advertising on AD WIZARDS. It is assessed every year at 10:00 a.m. CST on your billing anniversary; the anniversary is considered to be the first day of the month that you signed on to advertise/host with AD WIZARDS.

(c) RENEWAL PAYMENT METHOD: The payment method used for all renewals will be the same method used for your initial billing. If you paid by mail, then you will be billed approx. 30 days in advance for the annual renewal. If you paid by credit card, then your credit card will be automatically charged on the billing date.

(d) ADDITIONAL CHARGES: Other services with charges that may be imposed by AD WIZARDS include the following:

(i) Additional web pages

(ii) Image scanning and cropping (if excessive number)

(iii) Programming of any kind

(iv) Graphic work

(v) Domain name registration

(vi) Sales tax (6.25%) This applies to most sales regardless of location.

(vii) Shipping, handling (for copies of files on disks)

(viii) Domain Name management

(ix) Other – As posted by AD WIZARDS in this file

 

10. Privacy Policy

A. General

Because protecting your privacy is very important to AD WIZARDS, we have adopted the following policies to safeguard your personal information and are committed to protecting its confidentiality. We will limit the collection and use of personal information or “Individual Information” (as defined below) to what is necessary to administer our business, provide you with the highest quality service, and offer you opportunities we think will be of interest. We will NOT disclose any Individual Information except in limited circumstances as specifically provided below.

Individual Information means any information, data or records which relate to your AD WIZARDS advertising or use of AD WIZARDS and identifies you or your individual advertiser account. There are three types of Individual Information: (1) “Advertiser Identity and Billing Information,” such as your name, street address, telephone number and billing information, and any screen names associated with your account; (2) “Navigational and Transactional Information,” such as information about where you go or what you buy through AD WIZARDS; and (3) “Private Communications Content,” such as the contents of email, or instant message communications.

Please be aware that AD WIZARDS is a private service which is only a part of the Internet. AD WIZARDS does not control the content or services available through the Internet (except for the AD WIZARDS homepages), and providers of Internet sites or services have separate data and privacy practices which are independent of AD WIZARDS Internet areas may appear to be seamlessly incorporated into AD WIZARDS; however, currently, you can tell you’re on the Internet whenever the AD WIZARDS logo does not appear as you page through the screen.

Many of the online areas that you visit through AD WIZARDS are operated by companies that are independent from AD WIZARDS While AD WIZARDS will seek to require these independent companies (advertisers) to adhere to our strong privacy principles, AD WIZARDS does not bear responsibility for their policies or actions. You should be aware that when you voluntarily disclose personal information (such as your screen name) to an advertiser or user, your information can be collected and used by others. Also, ordering products through AD WIZARDS often requires you to provide an independent company with limited Individual Information to enable them to fulfill and ship your order.

B. Collection and Storage.

(i) Advertiser Identity and Billing Information. We maintain the following types of Advertiser Identity and Billing Information: your name , company name, street address, telephone numbers, length of advertising, and payment information. We may also keep information on your communications with our Customer Service department, and general account history, such as written complaints relating to your account.

(ii) Navigational and Transactional Information. We may collect and store certain Navigational and Transactional Information, such as data on the choices you make among the range of available services or merchandise and the times and ways you use AD WIZARDS. (iii) Private Communications Content. AD WIZARDS does not record or retain any communications, instant message communications, or records of with whom you communicate in or through AD WIZARDS unless specifically authorized in writing by the Advertiser.

C. Use.

AD WIZARDS safeguards its advertisers’ Individual Information from unauthorized access and only authorized employees or agents who need to carry out legitimate business functions are permitted access to advertisers’ Individual Information. Employees who violate AD WIZARDS’ privacy policies are subject to disciplinary actions, including termination where appropriate.

You acknowledge that private communications directed at a person or entity, including AD WIZARDS , may be used or disclosed by the intended recipient(s) without restrictions relating to privacy or confidentiality.

(i) Private Communications Content. AD WIZARDS treats private communications on or through AD WIZARDS as strictly confidential and does not access, use or disclose the contents of private communications, except in limited circumstances as specifically provided in Section 7D below.

D. Disclosure.

Because AD WIZARDS considers the Individual Information we maintain to be confidential, our policy is to not disclose Individual Information to third parties without prior consent (which may be oral or electronic), or unless specifically provided below. AD WIZARDS reserves the right to use agents, who are bound by strict confidentiality guidelines, to perform storage and processing functions.

(i) Advertiser Identity and Billing Information. From time to time, we make our mailing list available to select companies that offer products and information we think may be of interest to you. AD WIZARDS carefully screens all requests to use its mailing list to ensure that they are appropriate. AD WIZARDS does not release advertisers’ telephone numbers, credit card account numbers or checking account numbers (or other Individual Information, such as Navigational or Transactional Information or Private Communications Content). If you do not want your name released to these companies, simply indicate this on the Quote and Request for Service or by Email to webmaster@adwizards.com.

It is our policy not to disclose to third parties advertiser Identity information that links a Advertiser’s screen name(s) with a advertiser’s actual name, unless required to do so by law or legal process served on AD WIZARDS (e.g., subpoena). AD WIZARDS reserves the right to make exceptions to this policy in exceptional circumstances (such as a bomb or suicide threat, or instances of suspected illegal activity) on a case-by-case basis and at AD WIZARDS’ sole discretion.

AD WIZARDS intends to abide by applicable laws governing the disclosure to governmental entities of Advertisers’ Individual Information and other records. When responding to legal process served on AD WIZARDS by non-government entities, unless otherwise ordered, AD WIZARDS’ current policy is to make reasonable efforts to notify affected advertiser(s) in advance of releasing the information in order to provide advertiser(s) an opportunity to pursue any available legal protection.

(ii) Navigational and Transactional Information. AD WIZARDS will not disclose to third parties Navigational or Transactional Information (e.g. where you go or what you buy on or through AD WIZARDS), except to comply with applicable law or valid legal process (e.g., search warrant or court order).

(iii) Private Communications Content. AD WIZARDS does not access or disclose the contents of private communications (e.g., email, instant messages, advertiser-created private rooms), unless it in good faith believes that such action is necessary (a) to comply with applicable law or valid legal process (e.g., search warrant or court order), (b) to protect the rights or property of AD WIZARDS , or (c) in emergencies when AD WIZARDS believes that physical safety is at risk. AD WIZARDS reserves the right to treat as public, any private chat room whose directory or room name is published or becomes generally known or available through AD WIZARDS.

11. Accessing and Using AD WIZARDS

A. Access.

(i) Equipment. Most users will access AD WIZARDS through a standard residential Internet connection, a modem, and a personal computer that they are responsible for providing. There are a variety of personal computers that are capable of accessing and using. Access numbers used to connect to AD WIZARDS may be owned or operated by independent network service providers other than AD WIZARDS.

(ii) Telephone and Internet Provider Charges. You are responsible for all charges incurred in connecting to AD WIZARDS through an available access number to an internet provider. You are also responsible for all internet access charges that may be required by an internet provider.

B. Your AD WIZARDS Account.

(i) Current rates for using AD WIZARDS may be obtained by sending an Email to AD WIZARDS’ Customer Service at webmaster@adwizards.com, by calling Customer Service at 512/715-8008, or by faxing a request to 512/715-0011. An explanation of AD WIZARDS’ billing practices is provided under paragraph 7, “Billing Terms.” Such rates are expressed net of and Advertiser shall pay in addition to them, all sales, use, value-added, personal property or other governmental tax or levy imposed on the goods or services billed to his/her account, other than taxes based on net income or profits of AD WIZARDS If the payment method for your advertising is by credit card and payment is not received by AD WIZARDS from the card issuer or its agents, you agree to pay all amounts due upon demand by AD WIZARDS. Your card issuers agreement governs your use of your designated card in connection with AD WIZARDS, and you must refer to such agreement and not this Agreement with respect to your rights and liabilities as a cardholder. If AD WIZARDS does not receive the full amount of your AD WIZARDS account balance within thirty (30) days of the invoice date, an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge will be added to your bill and shall immediately become due and payable. Advertiser shall also be liable for all attorney and collection fees arising from AD WIZARDS’ efforts to collect any unpaid balance of your account. Unless you notify AD WIZARDS of any discrepancies within 90 days after they first appear on your account statement, they will be deemed acceptable by you for all purposes, including resolution of inquiries made by your card issuer. You release AD WIZARDS from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to AD WIZARDS within 90 days of its publication. Ad Wizards may, at its discretion, interrupt services provided after 10 days “grace period” if an invoice has not be paid in full.

(ii) Advertisers whose accounts have been terminated by AD WIZARDS lose their right to any advertising or other listing on AD WIZARDS in any manner or for any reason without the express written permission of AD WIZARDS.

C. Online Conduct.

(a) Any conduct by you that in AD WIZARDS’ discretion restricts or inhibits any other Advertiser from using or enjoying AD WIZARDS will not be permitted and may result in termination of advertising. You agree to use AD WIZARDS only for lawful purposes. You may not post or use AD WIZARDS to:

(1) harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another advertiser or user of AD WIZARDS or other person or entity,
(2) post or transmit sexually explicit images or other content which is deemed by AD WIZARDS to be offensive,
(3) transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable Content,
(4) cause the screen to “scroll” faster than other advertisers or users are able to type to it or any action to a similar disruptive effect,
(5) impersonate any person, including but not limited to, an AD WIZARDS official or an information provider, forum leader, guide or host, or communicate under a false name or a name that you are not entitled or authorized to use,
(6) disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other advertisers, users, individuals or entities,
(7) post or transmit chain letters or pyramid schemes,
(8) post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other advertisers, individuals or entities, except in those areas (e.g., the classified areas) that are designated for such a purpose, (9) violate any operating rule, policy or guideline of any other interactive service, including but not limited to the operating policies of the International Areas, or
(10) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law.

(i) Offensive Communication. AD WIZARDS is a service for businesses. Our goal is to provide a useful advertising medium and unrestricted access to that medium by anyone that may choose to use it. Using or linking to vulgar, abusive or hateful language undermines this goal and is not allowed. AD WIZARDS reserves the right to immediately terminate without refund any advertiser who uses AD WIZARDS in such a manner.

(ii) Harassment. When an advertiser or user targets another individual or entity to cause distress, embarrassment, unwanted attention, or other discomfort, this is harassment. AD WIZARDS does not condone harassment in any form and may suspend or terminate the accounts of any advertiser who harasses others. You may have a disagreement with someone’s point of view, but personal attacks, or attacks based on a person’s race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation, are prohibited. If you have a disagreement with someone’s point of view, address the subject, not the person.

(iii) Graphic Files. AD WIZARDS prohibits the transfer, posting, linking or other dissemination through, on or connected to AD WIZARDS of sexually explicit images or other content deemed offensive by AD WIZARDS. Any such use will result in automatic termination of the advertiser’s contract without refund of any advertising fees paid.

(iv) Impersonation. This can involve the portrayal of another person or entity, such as the impersonation of AD WIZARDS staff or an information provider, authorized Guide or Host, or communication under a false name or a name that you are not authorized to use. Advertisers must avoid the portrayal of AD WIZARDS personnel or others persons in all forms of online communication, including, but not limited to, screen names, advertiser profiles, chat dialogue and message postings.

(v) Chain Letters and Pyramid Schemes. Transmission of chain letters and pyramid schemes of any kind is not allowed on AD WIZARDS. This material uses AD WIZARDS in an unintended manner and is generally considered a nuisance by AD WIZARDS users. Certain chain letters and pyramid schemes are illegal. Letters or messages that offer a product or service based on the structure of a chain letter are also of questionable legality. At minimum, they are a waste of resources and are not permitted on AD WIZARDS.

(vi) Advertising, Solicitation and Name Harvesting. You may not use AD WIZARDS to send unsolicited advertising, promotional material, or other forms of solicitation to other Advertisers except in those specified areas that are designated for such a purpose (e.g., the classified area) unless you receive the express permission of the Advertiser. You may not use AD WIZARDS to collect or “harvest” screen names of other Advertisers without the express prior permission of the Advertiser. AD WIZARDS reserves the right to block or filter mass email solicitations on or through AD WIZARDS.

If you witness or are aware of any authorized use of AD WIZARDS, please contact AD WIZARDS immediately at webmaster@adwizards.com and inform us of the user or advertiser using AD WIZARDS for unintended purposes.

D. Content.

Some communication within or linked to or with AD WIZARDS may not be screened in advance. Moreover, because AD WIZARDS encourages open dissemination of its advertisements, it cannot determine in advance the accuracy, or conformance to the AD WIZARDS POP. Further, AD WIZARDS cannot verify the credentials of AD WIZARDS advertisers. AD WIZARDS is not responsible for screening, policing, editing, or monitoring such Content. If notified of Content which is alleged not to conform to the AD WIZARDS POP, or which is a misrepresented advertisement on AD WIZARDS, AD WIZARDS may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Content from AD WIZARDS. AD WIZARDS shall have no liability or responsibility to you in respect of its performance or non-performance by AD WIZARDS of such activities, as long as it has acted in good faith.

Please use your best judgment in evaluating all information contained or opinions expressed on or through AD WIZARDS. You should be no less careful in your evaluation of such information and opinions on AD WIZARDS as you are in everyday life.

All Content is protected by copyright pursuant to U.S., international conventions, and other copyright laws as a collective work and/or compilation, and AD WIZARDS owns, licenses or has applied for a copyright in the selection, coordination, arrangement and enhancement of such Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided below), create derivative works from, distribute, perform, display or in any way exploit, any of the Content, in whole or in part; provided that if no specific restrictions are applied directly or indirectly in relation to a particular item of Content, you may make a reasonable number of copies of such item, including copyright material, provided that the copies are made and used only for your personal use and that you ensure that any notices contained in the Content such as all copyright, trademark, and other proprietary rights notices are reproduced in an unmodified form in all such copies.

Subject to the terms and conditions of your Quote and Request for Service, you may upload to AD WIZARDS’ software files only Content that is not subject to any copyright or other proprietary rights protection (collectively, “Public Domain Content”), or Content in respect of which the holder of any copyright, trademark or other proprietary rights (“Rights”) has given express authorization for distribution on AD WIZARDS without any restriction whatsoever, and in respect of which any moral rights of any person or entity have been completely and irrevocably waived. Any copyright Content submitted with the consent of a copyright owner other than you should contain a phrase such as “Copyright owned by [name of the owner]; Used by Permission.” The unauthorized submission of copyright or Content which is otherwise subject of any third party Rights constitutes a breach of the AD WIZARDS POP and may also render you liable to the holder of such rights. Remember you, not AD WIZARDS or its affiliates or independent contractors (such as Independent Content Providers or “ICPs”), are exclusively responsible for any liability resulting from infringement of Rights arising from such submission or transmission.

The export control laws of the United States and other jurisdictions regulate the export and re-export of certain technology. This includes the electronic transmission of certain information and software to particular foreign countries and foreign nationals. You agree to abide by these laws — including but not limited to the United States Export Administration Act, Arms Export Control Act and their implementing regulations — and not to transfer, by electronic transmission or otherwise, any Content derived from AD WIZARDS which is governed by or regulated under such laws to a national or a destination prohibited or restricted under such laws without first obtaining any required governmental authorization. You further agree not to upload to AD WIZARDS any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of the Agreement. In addition, because U.S. export control laws currently prohibit nationals of Cuba, Iran, Libya, North Korea and Syria from gaining access to certain Content on AD WIZARDS, nationals of these countries currently may not legally access AD WIZARDS.

E. Internet Access and Conduct.

AD WIZARDS is accessed through the Internet. Generally, the Internet consists of the following areas: Email, News Groups, Gopher and WAIS, FTP, and the World Wide Web. The Internet is not owned, or operated by, or in any way affiliated with, AD WIZARDS or any of its affiliates; it is a separate, independent network of computers and is not part of AD WIZARDS. You use of the Internet is solely at your own risk. When using the Internet and all of its components, advertisers and users must conduct themselves responsibly according to the Internet’s own particular code of conduct. Participating successfully on the Internet is really a matter of common sense. Although AD WIZARDS does not control the Internet, your conduct on the Internet when using your AD WIZARDS account is subject to the AD WIZARDS POP. Because AD WIZARDS wants to be a good Internet citizen, it prohibits advertisers and users from engaging in certain conduct on the Internet through or by means of AD WIZARDS including the following:

(i) Copyright and Proprietary Materials. Transmitting to the Internet copyright or other material of any kind which is subject to the Rights of any person or entity without the express permission of the Rights holder is prohibited and will result in termination of your advertising and possible civil and/or criminal liability.

You understand that except for Content, products or services expressly available at AD WIZARDS’ Web site, neither AD WIZARDS nor any of its affiliates controls, provides, operates or is responsible for any Content, goods or services available on the Internet. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of AD WIZARDS or controlled by AD WIZARDS. AD WIZARDS neither endorses nor is responsible for the accuracy or reliability of such Content, goods or services. AD WIZARDS does not guarantee the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on the Internet, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither AD WIZARDS nor its affiliates shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on the Internet or your inability to access the Internet or any site on the Internet. The foregoing provisions of this paragraph shall apply with equal force even where AD WIZARDS features or displays a link with any particular Web site.

You should be aware that the Internet contains Content, goods and services that you may find obscene, improper, hurtful or otherwise offensive and that may not be suitable for certain advertisers, users or for minors who are accessing the Internet through AD WIZARDS. AD WIZARDS does not have the capability or right to monitor, or review, or restrict any Content, goods or services made available by third parties on the Internet, nor to edit or remove any such questionable Content after posting on the Internet. In addition, you should be aware that the Internet provides access to users who are not part of AD WIZARDS and whose conduct and communication may also be found to be harmful or offensive to advertisers or users, or which would otherwise breach the AD WIZARDS POP if they were subject to it. Since such users are not Advertisers of AD WIZARDS, AD WIZARDS does not have the right or capability to restrict or review their conduct or communication. Accordingly, AD WIZARDS and its affiliates specifically disclaim any responsibility for (and under no circumstances be liable for) any conduct, Content, goods and services available on or through the Internet (including without limitation any part of the Web. AD WIZARDS does not give any warranty as to the accuracy, completeness or usefulness of any Parental Control feature or service that may be provided through an internet service provider.

You should be aware that much of the Content available on the Internet is protected by copyright, trademarks, trade secrets and other Rights of the independent third parties or their licensors who make such Content available on the Internet. Advertisers’ use of such Content will be subject to the specific restrictions placed on such Content by the owners or licensors of the Rights in such Content and all applicable laws and regulations.

Your use of the Internet is subject to all applicable local, state, national and international laws and regulations. Without limiting the other rights available to AD WIZARDS under the AD WIZARDS POP, AD WIZARDS retains the right, but not the obligation, in its sole discretion and without prior notice or liability, to restrict and/or terminate your access to AD WIZARDS if your use of the Internet violates any such laws or regulations, any prohibitions upon your conduct in connection with the Internet raised in this Section E or otherwise restricts or inhibits any other user from enjoying the Internet or AD WIZARDS.

12. Purchasing Products and Services through AD WIZARDS

AD WIZARDS does not endorse, warrant or guarantee any product or service offered through AD WIZARDS by its customers and will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Blind opportunity ads and “get rich quick” schemes should be approached with ample skepticism. AD WIZARDS cannot mediate disputes and cannot assume responsibility for any outcome. Be careful, be smart, use your head.

13. Third Party Software and Services

In addition to content and services provided by Information Providers and AD WIZARDS, other third parties, including advertisers, may offer additional content, software or other services to AD WIZARDS users and advertisers. Advertisers may be subject to any additional terms and conditions relating to the use of such third party content, software or services and failure to abide by these terms and conditions may result in termination of AD WIZARDS advertising and use. Furthermore, use of other networks, including areas of the Internet, may be subject to any usage policies of such networks.

14. Public Communication

AD WIZARDS offers advertisers the capability to communicate privately with users and other advertisers. AD WIZARDS will administer standards of online conduct according to the AD WIZARDS POP for the enjoyment of all its advertisers and users. While AD WIZARDS will endeavor to monitor the Public Areas to ensure that online standards are being maintained, AD WIZARDS has neither the practical capability, nor does it intend, to act in the role of “Big Brother” by screening public communication in advance.

AD WIZARDS reserves the right to prohibit conduct, communication, or Content on AD WIZARDS which it deems in its discretion to be harmful to any advertiser or user, the communities which comprise AD WIZARDS, AD WIZARDS’ and third-parties’ rights, or to violate applicable law. Notwithstanding the foregoing, neither AD WIZARDS nor its advertisers have the practical ability to restrict conduct, communication or Content which might violate the AD WIZARDS POP prior to transmission on or through AD WIZARDS, nor can they ensure prompt editing or removal of actually or potentially violating Content after online posting. Accordingly, you acknowledge that neither AD WIZARDS nor any advertiser or user shall assume or have any liability for any action or inaction by AD WIZARDS or any advertiser or user with respect to conduct, communication or Content on AD WIZARDS.

15. Customer Service Communication

Please refer to Section 10D of the POP for AD WIZARDS’ policy on monitoring or disclosing private communication. In order to ensure quality customer service, AD WIZARDS may monitor advertiser communication with AD WIZARDS customer service employees.

16. Legal Notices

Under California Civil Code Section 1789.3, California Advertisers are entitled to the following specific consumer rights information:

A. Pricing Information. Current rates for using AD WIZARDS may be obtained by calling 512/715-8008, sending a fax to 512/715-0011, or sending an Email to webmaster@adwizards.com. AD WIZARDS reserves the right to change fees, surcharges, advertiser fees or to institute new fees at any time, as provided for in the POP Agreement at Section 2.

2. Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.

Please direct all questions to either: don@adwizards.com or by telephone to (512) 715-8008. You may also send letters via snail mail to: Ad Wizards, 706 County Rd 119, Burnet, TX 78611.

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