Terms

WebGuy Communications provides our Site to you subject to these Terms of Use (“Terms”). By using our Site in any way you are agreeing to comply with these Terms, which we may update from time to time without notice. All amended Terms shall automatically be effective when they are initially posted on our Site. Your continued use of our Site after any changes in these Terms shall constitute your consent to such changes. Certain services available through our Site, especially services for which you are asked to subscribe or pay money, may have their own additional terms and conditions that will apply to your purchase or use of that particular service and which will control in the event of any conflict with these Terms. These Terms govern the use of our Site by viewers and other users (visitors); if we have entered into a separate contract with a party for the insertion or other placement of content, advertising or other materials on any of our Sites (including but not limited to Yellow Pages listings), then the terms of such separate agreements will govern our relationship with such parties.

Whenever you provide us information on our Site, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, WebGuy Communications or its third party suppliers may suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof).

If any portion of our Site requires you to register or open an account you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify WebGuy Communications of any unauthorized use of your password or account or any other breach of security. WebGuy Communications will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s account at any time, without the permission of the account holder.

WebGuy Communications intends to take certain industry-accepted precautions from time to time to secure our Site or portions thereof, and some portions of the Site may be labeled as “secure” in accordance with industry practice in connection with the use of such precautions. However, you understand and agree that such precautions do not guarantee that use of the Site is invulnerable to all security breaches, and that WebGuy Communications makes no warranty, guarantee, or representation that use of our Site is protected from all viruses, security threats or other vulnerabilities.

Attempts to restrict WebGuy Communications access to content / web sites hosted on our hosting servers will result in immediate termination of your hosting account(s). No pro-rata refund will be made on any unused hosting fees previously tendered to WebGuy Communications.

Our Site is intended for use primarily by persons 18 years or older. We do not intentionally collect any personal, individually identifying information from children under the age of 13. Please view our comprehensive Privacy Policy relating to the collection and use of your information through or in connection with our Site. When you enter into transactions with or provide information to other companies providing content or services in connection with our Site, you will be subject to their privacy policies rather than ours.

You understand that you are responsible for any content that you post or transmit on or through our Site.

You agree to use our Site in a manner consistent with all applicable laws and regulations. Specifically, you will not use our Site to distribute, link to, or solicit content that:

• is harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive;
• infringes someone else’s intellectual property or other rights;
• advocates or solicits violence or criminal conduct;
• specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
• constitutes unsolicited or unauthorized advertising, junk or bulk e-mail, chain letters, or any other unsolicited commercial communication;
• contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or communications systems or equipment.

WebGuy Communications shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any content that is available via our Site. Without limiting the foregoing, WebGuy Communications shall have the right to remove any content that violates these Terms or is otherwise objectionable.

WebGuy Communications may set limits regarding our Site and the use of any features or services associated with our Site, including (where applicable) limits on the duration or amount of storage of postings, e-mail and other user-provided content, or the number or size of messages to or from a user. We are not liable for the deletion, garbling or loss of messages, other communications, or other content maintained or transmitted by our Site.

We may change or terminate our Site or any part of it without notice or liability. We may terminate or change your password, account, or use of all or any part of our Site and may remove any content from our Site without notice and for any reason, including lack of use or violation of these Terms. We reserve the right to log off accounts that are inactive for an extended period of time.

Our Site may have “publicly accessible areas” such as message boards, forums, member profiles, yellow pages, job folders, social media groups, pages, and other social media presence or other features that allow users to post information that will be accessible by the public or the user population generally. With respect to all content you elect to post to such publicly accessible areas of our Site, while you retain any and all rights that may exist in such content, you grant WebGuy Communications the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works. You also permit any user of our Site to access, display, view, store and reproduce content that you have placed in publicly accessible areas of our Site. Any content you post to publicly accessible areas is not subject to our Privacy Policy.

Except for any personal, individually identifying information which we agree to keep confidential as provided in our Privacy Policy, any feedback, data, answers, questions, comments, suggestions, ideas or the like that you send to us will be treated as being non-confidential and nonproprietary, and not subject to our Privacy Policy. We assume no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.

If you post, collaborate with a poster or cause to be posted any derogatory or disparaging information about WebGuy.com, WebGuy Communications or Mark W. Mumma in general, you explicitly agree to allow use of such posts, audio or video recordings to be republished either in whole or in part in order to fully respond to any and all allegations or claims made against WebGuy. This includes, but is not limited to, any posts, imagery or video content which references WebGuy.com, WebGuy Communications (or any other business and/or non-profit ventures in whole or in part owned by Mark W. Mumma) including content referencing Mark W. Mumma in his capacity as (or in response to) his role as a web site designer, web sites created or modified by Mark W. Mumma.

Incorrect Information: If you believe you are the subject of the Information and the Information is incorrect or inaccurate, you may email and make your case. You must show evidence that the Information is incorrect or otherwise establish a legal basis for requiring that it be changed, and verify your identity. The minimum requirement for establishing your identity is that you provide a working email address, telephone number where you can be contacted during the day, and government issued photo identification. You also authorize release and republishing of same (with the exception of photo ID)

Your comment or criticism of WebGuy, WebGuy Communications and/or Mark W. Mumma will result in your explicit permission to WebGuy to utilize your appearance in connection with any future video production regarding same in any and all manner and media and all rights of every kind and character whatsoever in perpetuity in and to your posts, imagery, audio and or video commentary about WebGuy, appearance, name and/or voice and the results and proceeds thereof in connection with the appearance of any posts, imagery audio or video recordings referencing WebGuy in any future video production, and you hereby authorize WebGuy, WebGuy Communications and/or Mark W. Mumma to photograph and record (on film, digital, video, tape, screen capture or otherwise), said criticism, comment or other opinion (or your alleged facts); to edit same at its discretion and to include it with the performance of others and with sound effects, special effects and music; to incorporate same into any future video production; to use and to license others to use such recordings and photographs in any manner or media whatsoever, including without limitation unrestricted use for purposes of publicity, advertising and sales promotion; and to use my name, likeness, voice, biographic or other information concerning me in connection with the Picture, commercial tie?ups, merchandising, and for any other purpose. By engaging in criticism, comment or opinion regarding WebGuy.com, WebGuy Communications (or sites produced by same) as well as Mark W. Mumma individually you further acknowledge that WebGuy.com owns all rights to the results and proceeds of your posts, imagery or audio/video footage rendered by you in connection with same.

You further agree that your participation in said comment or criticism (or related topic) may be edited in WebGuy's sole discretion. I consent to use of my name, likeness, voice and biographical material about me in connection with Picture publicity and related institutional promotional purposes. You expressly release WebGuy, Mark W. Mumma, his agents, employees, licensees and assigns from and against any and all claims which I have or may have for invasion of privacy, defamation or any other cause of action arising out of production, distribution, broadcast or exhibition of any future video production regarding the comment, criticism, disparaging remarks and any and all directly related topics with same.

You agree to indemnify and hold WebGuy Communications and its underlying content, video production and/or service providers, and each of their respective subsidiaries, affiliates, officers, agents, 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 or upload publicly to social media, video sharing or other publicly visible web sites and/or transmit directly through our Site. Your use of our Site, your connection to our Site, your violation of these Terms, or your violation of any rights of another. These obligations will survive any termination of your relationship with WebGuy Communications or your use of our Site. WebGuy Communications reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with WebGuy Communications in asserting any available defenses.

We grant to you a limited, non-exclusive, non-transferable, revocable license to use our Site only for the intended purposes of our Site. You may not sell, resell, or otherwise use or commercially exploit our Site other than by using it for its intended purposes. Systematic retrieval of data or other content from our Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from WebGuy Communications is prohibited. You further agree not to reproduce, prepare derivative works from or otherwise commercially exploit any portion of our Site, for any purposes other than its intended purposes or other than as expressly permitted by these Terms.

You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate our Site or create derivative works based on our Site. For purposes of these Terms, “reverse engineering” shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of our Site’s underlying technology.

Any license granted to you under these Terms for the use of any portion of our Site requiring registration or an account will automatically terminate upon termination of your account or registration privileges with respect to such portion of our Site. WebGuy Communications and its third party suppliers have the right to terminate the license of any user at any time for any or no reason, solely in the discretion of WebGuy Communications and its third party suppliers.

WebGuy Communications provides our Site for use only by persons located within the United States and provides certain regulated telecommunications and other services only in certain portions of the United States. WebGuy Communications makes no representation that materials or services described on our Site are appropriate or available for use in locations outside the United States or our applicable serving territories within the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access our Site from other locations do so on their own initiative and are responsible for compliance with local laws. Certain WebGuy Communications affiliated companies provide services and operate websites in various other countries throughout the world, some of which websites may be linked to from our Site. Any such International websites will be governed by their own terms of use and privacy policies and not by these Terms.

Our Site may provide links to or information about other Web sites or resources. Your correspondence or business dealings with, or participation in promotions of, advertisers or service providers found on or through our Site, 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 advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that WebGuy Communications 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 information about or links to such advertisers or service providers on our Site. You acknowledge and agree that WebGuy Communications is not responsible or liable for the availability, accuracy, copyright compliance, legality, decency, or any other aspect of the content, advertising, products, services or other materials on or available from such sites or resources. Advertisements found on or through our Site, and references that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information, do not constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. You acknowledge that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing our Site.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. OUR SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WEBGUY COMMUNICATIONS 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, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
2. WEBGUY COMMUNICATIONS MAKES NO WARRANTY THAT
   1. OUR SITE WILL MEET YOUR REQUIREMENTS,
   2. OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
   3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE,
   4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND
   5. ANY ERRORS IN THE SITE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR SITE.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBGUY COMMUNICATIONS OR THROUGH OR FROM OUR SITE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED VIA OUR SITE SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.
5. MATERIAL ON OUR SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES MAY BE PERIODICALLY INCORPORATED INTO THIS MATERIAL. WEBGUY COMMUNICATIONS MAY MAKE IMPROVEMENTS OR CHANGES IN THE PRODUCTS, SERVICES OR PROGRAMS DESCRIBED IN THESE MATERIALS AT ANY TIME WITHOUT NOTICE.

Notices to you, including notices of changes to these Terms, may, at WebGuy Communications’s discretion, be made either by e-mail, regular mail or by displaying the notices or links to notices on our Site.

The WebGuy Communications name, the WebGuy Communications logo, WebGuy Communications slogans and other WebGuy.COM, WebGuy.NET!, WebGuy.TV, WebGuy University logos, property and product and service names are trademarks of WebGuy Communications (the “WebGuy Marks”). You are not authorized to use any WebGuy Communications name or mark as a hypertext link to any WebGuy Communications Website or in any advertising, publicity or in any other commercial manner without the prior written consent of WebGuy Communications or by fair use as defined by existing US and/or foreign copyright law. Registration and/or use of the WebGuy name, or a confusingly similar name, as part or all of a domain name by a third party is strictly prohibited. Requests for authorization should be made to the WebGuy Communications Intellectual Property Group.

You may use, copy and distribute the materials found on WebGuy Communications Websites for internal, noncommercial, informational purposes only. All copies that you make of the material must bear any copyright, trademark or other proprietary notice located on our Site that pertain to the material being copied. Except as authorized in this paragraph, you are not being granted a right, title, interest or license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by WebGuy Communications Corporation, its subsidiaries or any third party owner of such rights.

All trademarks and service marks contained herein that are not WebGuy Communications Marks are the trademarks of their respective owners.

These Terms govern, and constitute the entire agreement between you and WebGuy Communications with respect to, your use of our Site. Additional or different terms and conditions may apply when you use other specific WebGuy Communications services or the services of any third-party suppliers of content, software or services. The laws of the State of Oklahoma govern this agreement and the relationship between you and WebGuy Communications with respect to our Site. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Oklahoma County, Oklahoma for any claim or dispute arising from these Terms or the use of our Site. WebGuy Communications’s failure to enforce any right under these Terms ill not waive that right. You must file any claim or suit related to our Site within one year after it arises.