General Terms of Service
The Terms of Service, referred herein as TOS, constitutes the entire agreement between you and CharlesWorks and governs your use of the Service, superseding any prior agreements between you and CharlesWorks. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and CharlesWorks shall be governed by the laws of the State of New Hampshire without regard to its conflict of law provisions. You and CharlesWorks agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hillsborough, New Hampshire. The failure of CharlesWorks to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS, including unsolicited commercial email (UCE) violations, to Abuse@CharlesWorks.com.
Universal Terms of Service
This section references the Universal Terms of Service for CharlesWorks LLC for its Software and Services. This Agreement (“Agreement”) is by and between CharlesWorks LLC, a New Hampshire Limited Liability Corporation and You, Your heirs, agents, successors and assigns (“You”), and is made effective as of the date of your visiting a CharlesWorks web site. This Agreement sets forth the terms and conditions of Your use of CharlesWorks LLC web services software (“Software”) and services (“Services”) and explains CharlesWorks LLC’s obligations to You and Your obligations to CharlesWorks LLC in relation to the Software and Services You purchase.
This Agreement, as well as any additional CharlesWorks LLC policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and CharlesWorks LLC concerning Your use of CharlesWorks LLC’s Software and Services, and supersede and govern all prior proposals, agreements, or other communications. All CharlesWorks LLC policies and agreements specific to particular Software and Service are incorporated herein and made part of this Agreement by reference, including the dispute policy (“UDRP”). By purchasing CharlesWorks LLC’s Software or Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which CharlesWorks LLC may establish from time to time, and any agreements that CharlesWorks LLC is currently bound by or will be bound by in the future. You may view the latest version of this Agreement online.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You’ve established with CharlesWorks LLC, whether or not the transactions were in Your behalf. You acknowledge that CharlesWorks LLC’s acceptance of any application made by You for Services provided by CharlesWorks LLC will take place at the Internet Corporation for Assigned Names and Numbers (“ICANN”) accredited registrar’s offices located in the United States.
The General Terms in this TOS apply to all customers of CharlesWorks LLC. The Software and Services Specific Agreements incorporated apply to customers who have purchased various referenced services.
GENERAL TERMS APPLICABLE TO ALL SOFTWARE AND SERVICES
1. Term Of Agreement / Modifications
You agree that CharlesWorks LLC may modify this Agreement and the Services from time to time. You agree to be bound by any changes CharlesWorks LLC may reasonably make to this Agreement when such changes are made. If You have purchased Services or Software from CharlesWorks LLC, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Software or Services. In the event You terminate Your usage, CharlesWorks LLC will not refund any amounts You have paid. You agree that CharlesWorks LLC shall not be bound by any representations made by third parties who You may use to purchase Services from CharlesWorks LLC, and that any statement of a general nature, which may be posted on CharlesWorks LLC’s Web site or contained in CharlesWorks LLC’s promotional materials, will not bind CharlesWorks LLC. CharlesWorks LLC may, at times, offer certain promotions with different charges and features.
You agree that You will be responsible for notifying CharlesWorks LLC should You desire to terminate Your use of CharlesWorks LLC’s Services. Notification of Your intent to terminate must be provided to CharlesWorks LLC no earlier than (30) days prior to Your billing date but no later than (15) days prior to Your billing date.
2. Accurate Information
You agree to maintain accurate information by providing updates to CharlesWorks LLC, as needed, while You are using CharlesWorks LLC’s Services. You agree You will notify CharlesWorks LLC within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by CharlesWorks LLC to determine the validity of information provided by You will constitute a material breach of this Agreement.
3. Account Security
You agree You are entirely responsible for maintaining the confidentiality of Your customer number/login, password, credit card number, and shopper PIN (collectively, the “Account Access Information”). You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify CharlesWorks LLC immediately of any unauthorized use of Your account or any other breach of security. You agree CharlesWorks LLC will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by CharlesWorks LLC or another party due to someone else using Your Account Access Information. For security purposes, You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. CharlesWorks LLC specifically disclaims liability for any activity in Your account, whether authorized by You or not.
4. No Unlawful Conduct or Improper Use
As a condition of Your use of CharlesWorks LLC’s Software and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to CharlesWorks LLC if, for any reason, CharlesWorks LLC takes corrective action with respect to Your improper or illegal use of its Services.
CharlesWorks LLC reserves the right at all times to disclose any information as CharlesWorks LLC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CharlesWorks LLC sole discretion.
If You have purchased Services, CharlesWorks LLC has no obligation to monitor Your use of the Services. CharlesWorks LLC reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. CharlesWorks LLC reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever.
CharlesWorks LLC reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against CharlesWorks LLC or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. CharlesWorks LLC may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.
Except as set forth below, CharlesWorks LLC may also cancel Your use of the Services, after thirty (30) days, if You are using the Services, as determined by CharlesWorks LLC in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way. Notwithstanding anything to the contrary herein, in the event CharlesWorks LLC cancels Your Services during the first thirty (30) days after You purchase the Services, You will receive a refund of any fees paid to CharlesWorks LLC in connection with the Services being canceled. In the event CharlesWorks LLC deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to CharlesWorks LLC if, for any reason, CharlesWorks LLC takes corrective action with respect to Your improper or illegal use of its Services.
5. No Spam / Liquidated Damages
You agree CharlesWorks LLC may immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay CharlesWorks LLC liquidated damages of $1 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay CharlesWorks LLC ‘s actual damages. You acknowledge You have read and understand and agree to be bound by the terms and conditions of CharlesWorks LLC’s Anti-spam Policy, available here . Such terms and conditions are applicable to the use of all CharlesWorks LLC Software and Services and are incorporated herein.
6. Intellectual Property
You agree that CharlesWorks LLC or its licensor holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services or Software.
You understand and agree that all content and materials contained in this Agreement, other policies, the CharlesWorks LLC Web site, and any affiliated Web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that CharlesWorks LLC or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of CharlesWorks LLC or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.
7. Use of CharlesWorks LLC Software
If You have licensed software from CharlesWorks LLC, CharlesWorks LLC grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time.
You agree to not alter or modify the Software. You agree You are not authorized to combine the Software with any other software program, create derivative works based upon the Software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the Software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.
CharlesWorks LLC reserves all rights to the Software. The Software and any copies You are authorized to make are the intellectual property of CharlesWorks LLC. The source code and its organization are the exclusive property of CharlesWorks LLC and the Software is protected by copyright, including United States Copyright Law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the Software and all rights are reserved by CharlesWorks LLC.
CharlesWorks LLC provides this Software “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
8. Fees / Payment / Interest / Collections
As consideration for the Software or Services purchased by You and provided to You by CharlesWorks LLC, You agree to pay CharlesWorks LLC at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. CharlesWorks LLC expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment is due immediately upon invoicing and 1.5% interest will be added monthly to all accounts overdue by 30 days. Payment may be made by You by providing either a valid credit or debit card or ACH payment or personal or business check.
If for any reason your Domain Name transfer to us is unsuccessful, upon request your payment will be credited back in full. Otherwise, CharlesWorks LLC will attempt to register your domain name, upon its release.
If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchase the Services unless that date falls after the 15th of the month in which case Your billing date will be the 15th of each month. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, CharlesWorks LLC will automatically renew Your Services when they come up for renewal and will take payment from the Payment Method You have on file with CharlesWorks LLC, at CharlesWorks LLC then current rates.
If for any reason CharlesWorks LLC is unable to charge Your Payment Method for the full amount owed CharlesWorks LLC for the Services provided, or if CharlesWorks LLC is charged a penalty for any fee it previously charged to Your Payment Method, You agree that CharlesWorks LLC may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason CharlesWorks LLC is unable to charge Your credit card with the full amount of the Services provided, or if CharlesWorks LLC is charged back for any fee it previously charged to the credit card You provided, You agree that CharlesWorks LLC may pursue all available remedies in order to obtain payment. You agree that among the remedies CharlesWorks LLC may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names or Services registered or renewed on Your behalf. CharlesWorks LLC reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties, and 25% collection fees. You agree that You are solely liable for arranging that Your Services are renewed, and that CharlesWorks LLC shall not be liable to You or any third party if it is unable to charge Your Payment Method in order to renew Your Services.
While all purchases are processed in US dollars, CharlesWorks LLC may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, CharlesWorks LLC makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price.
CharlesWorks LLC reserves the right to charge a nominal fee for the transfer of a domain name to another Registrar.
9. Refund Policy
All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. If your transfer to CharlesWorks LLC fails we will refund your transfer fee once requested. However, if you follow the instructions the chances of a failure will be significantly reduced.
If for any reason your Domain Name transfer to us is unsuccessful or you decide not to transfer, upon request your payment will be credited back in full. Otherwise, CharlesWorks LLC will attempt to register your domain name, upon its release.
If payment is made by check, a refund will be issued by check. A refund by check may take up to 6-8 weeks to process as CharlesWorks LLC must first confirm that the check has cleared, and has not returned as NSF or Stop Payment. If payment is made by credit card, a refund will be issued to that same credit card only. A refund to a credit card may take up to 10 days to process as CharlesWorks LLC must first confirm that the charge to your credit card has cleared, and a “Charge Back” has not been initiated.
10. Representations / Warranties
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party’s trademark or trade name.
CharlesWorks LLC expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of CharlesWorks LLC, as well as its affiliates, subsidiaries, officers, directors and employees. CharlesWorks LLC also reserves the right to freeze a domain name during resolution of a dispute.
11. Limitation of Liability
In no event shall CharlesWorks LLC be liable to you or any other person for any indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (including negligence), breach of warranties, either express or implied, any breach of this agreement or its incorporated agreements and policies your inability to use the software or services, your loss of data or files or otherwise, even if CharlesWorks LLC has been advised of the possibility of such damages.
Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, CharlesWorks LLC’s liability is limited to the full extent permitted by law. You agree that in no event shall CharlesWorks LLC’s maximum aggregate liability exceed the total amount paid by You for the particular Software or Service in dispute purchased from CharlesWorks LLC.
12. Disclaimer of Warranties
CharlesWorks LLC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an “As Is” and “As Available” basis. CharlesWorks LLC makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. CharlesWorks LLC does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.
Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to You.
You agree to defend, indemnify and hold harmless CharlesWorks LLC and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys’ fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with CharlesWorks LLC whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from CharlesWorks LLC or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold CharlesWorks LLC harmless from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should CharlesWorks LLC be notified of a pending law suit, or receive notice of the filing of a law suit, CharlesWorks LLC may seek a written confirmation from You concerning Your obligation to indemnify CharlesWorks LLC. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that CharlesWorks LLC shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify CharlesWorks LLC of any such claim promptly in writing and to allow CharlesWorks LLC to control the proceedings. You agree to cooperate fully with CharlesWorks LLC during such proceedings.
You agree to cooperate fully with CharlesWorks LLC during such proceedings. You agree You will not be entitled to a refund of any fees paid to CharlesWorks LLC if, for any reason, CharlesWorks LLC takes corrective action with respect to Your improper or illegal use of its services. You also agree that if CharlesWorks LLC is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Traffic Facts account of Yours with CharlesWorks LLC, that CharlesWorks LLC , in its sole discretion, may take whatever action CharlesWorks LLC deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
14. Governing Law / Venue / Waiver of Trial by Jury
This agreement shall be deemed entered into in the State of New Hampshire. Except for disputes concerning the user of a domain name registered with CharlesWorks LLC, You agree that the laws and judicial decisions of the State of New Hampshire, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of the State of New Hampshire. For the adjudication of disputes concerning the use of any domain name registered with CharlesWorks LLC, You agree to submit to jurisdiction and venue in the Canadian District Court for the State of New Hampshire.
You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
You agree that all notices (except for notices concerning breach of this agreement) from CharlesWorks LLC to You may be posted on the https://CharlesWorks.com Web site. Notices concerning breach will be sent either to the text, email or postal address You have on file with CharlesWorks LLC. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
Notices from You to CharlesWorks LLC shall be made either by phone call (leaving a voice message if not with a CharlesWorks representative), text message, email sent to the address provided on the CharlesWorks LLC Web site, or first class mail to CharlesWorks LLC ‘s address at:
PO Box 128
Peterborough, NH 03458-0128
The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.
17. Entire Agreement
You agree that this Agreement including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement between You and CharlesWorks LLC regarding the Services contemplated herein.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
The failure of CharlesWorks LLC to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of CharlesWorks LLC thereafter to enforce such provisions.
20. Force Majeure
CharlesWorks LLC will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold CharlesWorks LLC liable for any of the consequences of such interruptions.
Sections 1, 6, 7, 8, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 shall survive any termination or cancellation of this Agreement.
22. No Third Party Beneficiaries
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.
Addendum to Acceptance of Terms
CharlesWorks provides its service to you, subject to its Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: https://CharlesWorks.com/terms-of-service. In addition, when using particular CharlesWorks services, you and CharlesWorks shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. All transactions with CharlesWorks, LLC are subject to these Terms of Service.
Description of Service
You understand and agree that the Service is provided “As-Is” and that CharlesWorks assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. To protect your data from possible seizure by appropriate law enforcement authorities, CharlesWorks does not permit the hosting of any adult or mature content on any areas on the Service. CharlesWorks works with appropriate law enforcement authorities in the investigation of crimes involving CharlesWorks provided Service.
CharlesWorks does not resell or use your Registration Data for third party marketing purposes. All credit card information is encrypted with strong SSL and all methods to retrieve your order information are encrypted. CharlesWorks may contact the account contact for notices regarding service changes, account information, or any activities affecting the account. Sending emails to any email address attached to any CharlesWorks domain constitutes permission to be communicated back to by CharlesWorks for informational or business purposes.
Member Account, Password and Security
You may receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to
(a) immediately notify CharlesWorks of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session.
CharlesWorks is not be liable for any loss or damage arising from your failure to comply with this section.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (hereinafter referred to as “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not CharlesWorks, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. CharlesWorks does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
Under no circumstances will CharlesWorks be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. It is your responsibility to check work and report possible discrepancies.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, threatening, abusive, harassing, tortious, libelous, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a CharlesWorks official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, multi-level marketing, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; the first proven instance of this activity will result in a warning with the second resulting in account termination and forfeiture of any remaining credit with CharlesWorks (see the paragraph following this list for additional caveats to this rule);
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, post, install or otherwise make available any software, web page, cgi-script or other type of material that does any type of listening or request servicing on the CharlesWorks servers (without express permission to do same, which includes, but is not limited to, chat room software, any other type of server, or anything that does more than just service the current request and then exit);
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
In conjunction with the items above; you agree to not utilize a CharlesWorks mail server for the sending of mass email even if it is double opt-in and fully verified. Reasons for this are that,
- sending mass amounts of email via our mail servers can potentially deny service to other customers; and
- even 100% confirmed, clean mass mailings will commonly cause mail servers to become blacklisted or otherwise blocked by remote email providers.
This requirement does not affect mailings generated by software running on your website, your dedicated/collocated server hosted by CharlesWorks or list hosting services provided by CharlesWorks.
You further agree not to:
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- “stalk” or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that you will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose or to consumers that have been verified to have opted in to receiving your message whose purpose is promoting your Content, promoting third party revenue/referral-generating content, and/or services served by the CharlesWorks Service. The first proven instance of this activity will result in a warning with the second resulting in account termination and forfeiture of any remaining credit with CharlesWorks.
Administrative Fee Imposition
CharlesWorks reserves the right to impose an administrative fee for the investigation of excessive abuse complaints to ensure compliance with these Terms of Service. Investigations will require that you produce documentation of how a complainant has “opted-in” to receive your message and on what date.
You acknowledge and agree that if you post or otherwise place Content generally considered to be adult or pornographic in nature, CharlesWorks has the right to immediately suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) without refund of any fees paid. You agree that CharlesWorks has the final say in this matter.
You acknowledge that CharlesWorks does not pre-screen Content, but that CharlesWorks and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service.
CharlesWorks takes no responsibility for any material created or accessible through the Service. Without limiting the foregoing, CharlesWorks and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CharlesWorks or submitted to CharlesWorks, including without limitation, information in CharlesWorks Message Boards, and in all other parts of the Service.
You acknowledge and agree that CharlesWorks may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the TOS;
- respond to claims that any Content violates the rights of third-parties; or
- protect the rights, property, or personal safety of CharlesWorks, its users, and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. 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.
Public Content Posted to CharlesWorks
(a) For purposes of the TOS, “publicly accessible areas of the Service” are those areas of the CharlesWorks network of properties accessible by the general public. By way of example, a publicly accessible area of the Service would include public CharlesWorks content and CharlesWorks Message Boards, but would NOT include private CharlesWorks communication services such as CharlesWorks mail, shared or dedicated hosting accounts, or areas off of the CharlesWorks network of properties such as portions of World Wide Web sites that are not hosted or served by CharlesWorks.
(b) With respect to Content you elect to post for inclusion in publicly accessible areas of CharlesWorks websites, including photos or other graphics, you grant CharlesWorks the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting CharlesWorks. This license exists only for as long as you elect to continue to include such Content on the CharlesWorks site in question and shall be terminated at the time you delete such Content.
You agree to indemnify and hold CharlesWorks and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
Use and Storage General Practices
You acknowledge that CharlesWorks may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, log files, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on CharlesWorks servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that CharlesWorks has no responsibility or liability for the deletion, failure to store or failure to receive any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that CharlesWorks reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that CharlesWorks reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Excess Usage Fees
You agree that if your account at any time exceeds monthly storage allotments, CharlesWorks may charge your account a one time $5.00 service fee and ongoing additional monthly $2.00 for each 1 GB of extra disk space added. You understand that these features are automatic in nature to prevent operation of your web services and may be performed without notice.
Modifications to Service
CharlesWorks reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CharlesWorks shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that CharlesWorks, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if CharlesWorks believes that you have violated or acted inconsistently with the letter or spirit of the TOS. CharlesWorks may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that CharlesWorks may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that CharlesWorks shall not be liable to you or any third-party for any termination of your access to the Service. This clause will supplant the agreement outlined in other information and communications between you and CharlesWorks.
Dealings With Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including 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 advertiser. You agree that CharlesWorks shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CharlesWorks has no control over such sites and resources, you acknowledge and agree that CharlesWorks 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 CharlesWorks 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.
CharlesWorks’ Proprietary Rights
You acknowledge and agree that the Service and any necessary software provided for use in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CharlesWorks or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
CharlesWorks grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by CharlesWorks for use in accessing the Service.
Disclaimer of Warranties
You expressly understand and agree that:
Your use of the service is at your sole risk. This is especially pertinent when You update your own website as CharlesWorks cannot be responsible for the results. The service is provided on an “as is” and “as available” basis. CharlesWorks expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
CharlesWorks makes no warranty that
(i) the service will meet your requirements,
(ii) the service will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the Service will be accurate or reliable,
(iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and
(v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from CharlesWorks or through or from the Service shall create any warranty not expressly stated in the TOS.
Limitation of Liability
You expressly understand and agree that CharlesWorks shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CharlesWorks has been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the service;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
(iii) unauthorized access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the service; or
(v) any other matter relating to the service.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Special Admonition for Services Relating to Financial Matters
If you intend to create or join any service, receive or request any news, messages, alerts or other information from concerning companies, stock quotes, investments or securities, please read the above sections again. CharlesWorks shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either phone, fax, texts, email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. It is your responsibility to check these terms of services as changes may be made with or without notice.
The CharlesWorks logo, name, marks, and other product and service names are trademarks of CharlesWorks (the “CharlesWorks Marks”). Without CharlesWorks’s prior permission, you agree not to display or use in any manner, the CharlesWorks marks.
Copyrights and Copyright Agent
CharlesWorks respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the CharlesWorks Copyright Agent the following information:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b) a description of the copyrighted work that you claim has been infringed;
c) a description of where the material that you claim is infringing is located on the site;
d) your address, telephone number, and email address;
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The CharlesWorks Copyright Agent for notice of claims of copyright infringement on CharlesWorks sites can be reached as follows:
P.O. Box 128
Peterborough, NH 03458
CharlesWorks maintains copies of your dynamic WordPress website on servers external (totally separate machine) from the serving hardware. Our servers are located in the continental United States. All of our servers are equipped with uninterruptable power supply systems and generator backup for 99.9% uptime. For security these backups are not publicly available. Additionally, automatic backups are performed each night after midnight. In the event of website loss or damage through inadvertent client errors, the backup can be restored by staff with minimal downtime.