ThrottleWeb Privacy Statement

Site Terms | Privay Statement | Member Terms | Design Terms | Hosting Terms | Acceptable Use Policy

We know how deeply you care about the way your personal information is used and shared. We appreciate the trust you give us by supplying personal information and we are committed to treat any information you give us carefully and sensibly.

By visiting this web site, you are accepting the practices described in this Privacy Notice.

Information You Give Us
We receive and store information you enter on our web site or give us in any other way strictly to communicate with you, our customer. The information might include, but is not limited to; emails, telephone calls, traditional mail and personal meetings.

Does The Company Share The Information It Receives?
Information about our customers is an important part of our business, and we will not sell your information to others without your consent. We will only share customer information with subsidiaries of The Company and as described below.

Agents: We employ other companies and individuals to perform functions on our behalf. Examples may include calling you by telephone, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, technology development and providing customer service. They have access to personal information needed to perform their functions, but may not use it for ANY other purpose.

Promotional Offers: While we have yet to do so, we may in the future send offers to You on behalf of other businesses. If we were to do this, your personal information is not given to any other business.

Business Transfers: As we continue to develop our business, we might sell or buy other businesses or assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that The Company or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

Protection of The Company and Others: We will release account and other personal information when we believe release is appropriate to comply with law; enforce or apply our other agreements; or protect the rights, property, or safety of The Company, or users, or others.

With Your Consent: Other than as set above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose to share or not to share the information.

IP Addresses
The Company might in the future collect IP addresses for the purpose of system administration and to generate aggregate information reports. An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web. Web servers - the big computers that "serve" up Web pages - automatically identify your computer by its IP address. When visitors request pages from this web site, our servers log the users' IP address. We do not link IP addresses to anything that would identify you personally. This is for logging purposes, but you remain anonymous to us.

What About Cookies?
What are cookies? Cookies are small pieces of information that a web site transfers to an individual's hard drive for record-keeping purposes. Cookies make web-surfing easier for you by saving your registration, passwords, and references while you're at our site. The use of cookies is an industry standard - you'll find them at most major web sites.

Currently, The Company does not use cookies. However, in the future, we may use cookies to maintain your session on our servers. Our cookies are generated automatically by our system, and expire when you close your browser. We do not share any cookie data with any other party whatsoever.

What The Company Cookies Don't Do
We never use cookies to retrieve information from your computer that was not originally sent in a cookie. Except as described below, we do not use information transferred through cookies for any promotional or marketing purposes except as described here, nor is cookie information shared with any third parties whatsoever.

You may get cookies from our advertisers. The Company does not control these cookies, and these cookies are not subject to the The Company Cookies Policy. The use of advertising cookies sent by third party servers is standard in the Internet industry. You may review our advertisers' privacy policy when visiting their sites.

Most browsers are initially set to accept cookies. If you'd prefer, you can set yours to refuse cookies or to alert you when cookies are being sent. However, the The Company web site may not function properly for you if you refuse our cookies.

How Secure Is Your Information?
The Company has security measures in place to attempt to protect against the loss, misuse and alteration of your personal information. Only authorized agents and employees have access to the information and The Company has strict rules on how they may use that information. While we cannot guarantee that loss, misuse or alteration of data will not occur, we make the effort to prevent such unfortunate occurrences.

Conditions of Use, Notices, and Revisions
If you choose to visit this The Company web site, your visit and any dispute over privacy is subject to this Notice, including limitations on damages, arbitration of disputes, and application of the law of the state of Texas. If you have any concern about privacy at The Company, please send us a thorough description to info@ThrottleWeb.com, and we will try to resolve it.

Our business changes constantly so this Notice will reflect these changes. The usage of this information that we gather now, is subject to the Privacy Notice in effect at the time of use. The Company posts the date of our last Privacy Policy change at the top of this page. Changes may occur from time to time, so you should check our web site frequently to see any recent changes.

Monitoring the Service and privacy; Disclosure of Member Information.

The Company has no obligation to monitor the Sites other than in the plan purchased (planned site updates and design), but may do so and may use information regarding your use of the Service to satisfy laws, regulations governmental requests; to operate the Service properly; and, to protect itself and its members. However, The Company will not disclose member information to outside persons or entities for the purpose of soliciting The Company members without first consulting the client for permission.

The Company, IN ITS SOLE DISCRETION, MAY REMOVE OR REFUSE TO POST ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, WHICH ARE UNACCEPTABLE, UNDESIRABLE OR IN VIOLATION OF IT'S ACCEPTABLE USE POLICY.

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ThrottleWeb General Membership Terms and Conditions

Site Terms | Privay Statement | Member Terms | Design Terms | Hosting Terms | Acceptable Use Policy

Member certifies to ThrottleWeb that he/she is not a minor. By accepting this Agreement, you represent that you meet this age requirement. Minors who use Service are assumed to have parental or guardian consent to do so.

You agree to provide ThrottleWeb with accurate and complete billing information including your legal name, address, and telephone number. All changes to information must be reported to ThrottleWeb within 30 days of the change.

By accepting this Agreement, you agree that you are responsible for all posted to your account until you cancel this agreement.

You are responsible for maintaining the confidentiality of passwords used by you or members of your household.

You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects ThrottleWeb to liability; is in contravention of ThrottleWeb's Acceptable Use Policy. You agree to comply with ThrottleWeb security procedures and standards and to be bound by the terms and conditions of the End User License Agreement for any software provided to you.

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ThrottleWeb Design Terms and Conditions

Site Terms | Privay Statement | Member Terms | Design Terms | Hosting Terms | Acceptable Use Policy

Any copyrights to be held will belong to paying clients unless otherwise agreed, or services are not paid in a timely manner satisfying all debt.

Upon the agreement of this document, a timeline and two layouts will be provided for approval. There will a coming soon page placed on the site property with the domain name included.

The work done will be able to be viewed by the clients on the internet at a location disclosed upon agreement, but will not be at the site address until approved by all paying parties.

All SET UP FEE's are paid in advance and include the initial front page design, site design scheme, consultation, domain and hosting set up of site. Logo design, Animation, copy writing and graphic design after the 2 revisions are not included in the set up fee, but are provided at an extra hourly rate, or at a negotiated extra cost.

ThrottleWeb will perform every measure in it's power to ensure the integrity of the site with no malfuntions or mistakes. To facilitate this, all material to be posted will pre-approved and submitted in digital format. Once posted to a staging server, the clients proofreads for any final corrections. Once live the copy is final and changes will incur maintenance fees.

ThrottleWeb shall not be held liable for damages resulting from errors including, but not limited to mispellings, gramor mistakes, or wrong information that pass through the screening process and are published.

Mispellings, mistakes and wrong information that do get posted will be promply corrected as soon as humanly possible once Artizen Creations is notified of the problem.

If you should find any part of your site isn't functioning correctly, you will receive a hotline number to call and have the problem resolved as soon as possible.

All advertising will be to the clients discretion, and paid for by clients. The premium and Total Commerce site will have places for advertising banners included

All credit card authorization requires the site owner to establish the eligibility to receive credit card payments from their individual financial institution, and are responsible for all ensuing documents for that purpose. Artizen Creations and Publishing has no legal or financial responsibility or liability in the taking of credit card payments other than assuring their correct operation from the bank's side.

In the event of late payment, the site will be removed from the web until payment is up to date. The schedule will be 15 days late results in a warning, 60 days late will result in the removal of the site from the internet until payment delinquincies have been satisfied.

A service charge, up to the maximum allowed by the state you reside in, will be assessed to your account for each check that is returned to ThrottleWeb.com for insufficient funds.

If your account incurs charges which are denied by your financial institution, ThrottleWeb.com reserves the right to re-bill for those charges, regardless of your status.

You agree to pay all sales and use taxes, duties, or levies which are required law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on your account.

ThrottleWeb makes no guarantees as to the continuous availability of the Service any specific feature of the Service. ThrottleWeb reserves the right to change the Service or any of its features at any time with or without notice.

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ThrottleWeb Hosting Terms and Conditions

Site Terms | Privay Statement | Member Terms | Design Terms | Hosting Terms | Acceptable Use Policy

This is an agreement between you and ThrottleWeb.com, regarding your use of ThrottleWeb.com's computer, interactive information, communication and server management service. This Agreement governs the terms and conditions under which ThrottleWeb.com makes the services offered by ThrottleWeb.com available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the " ThrottleWeb.com " webhosting or similar services. Under this Agreement, you must comply with ThrottleWeb.com 's then current "Acceptable Use Policy," as updated from time to time by ThrottleWeb.com, which can be viewed at http://www.ThrottleWeb.com/company6_terms.php#aup.  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

1. ThrottleWeb.com will host an account for you, the purchaser (hereafter referred to as the Account Holder), for the Account Holder's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated. We require notification of non-renewal by fax or postal mail with a minimum of 30 days notice prior to your renewal date. Phone or e-mail notification is not acceptable. If you do not provide this notice, your account will be renewed and a non-refundable cancellation charge of $50.00 will apply. There are no refunds on a la carte services, dedicated servers or server co-location.

2. ThrottleWeb.com's services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. ThrottleWeb.com expressly disclaims any representation or warranty that the ThrottleWeb.com services will be error-free, secure or uninterrupted. No oral advice or written information given by ThrottleWeb.com, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. This includes and is not limited to site function, domain name, DNS, search engine results and uptime. Domain names are purchased from outside entities, and AC&P, Inc. and ThrottleWeb have no rights or control outside the scope of the vendor agreement. The terms of this Section will survive any termination of this Agreement.

3. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by ThrottleWeb.com, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of ThrottleWeb.com based upon the severity of the violation. ThrottleWeb.com reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of ThrottleWeb.com's then current Acceptable Use Policy, in the sole and absolute opinion of ThrottleWeb.com. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless ThrottleWeb.com from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by ThrottleWeb.com, (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement.

4. ThrottleWeb.com reserves the right to change, at any time, the prices charged to the Account Holder for the services provided by ThrottleWeb.com.

5. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. ThrottleWeb.com will not change passwords to any account without proof of identification, which is satisfactory to ThrottleWeb.com, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that ThrottleWeb.com will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will ThrottleWeb.com be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless ThrottleWeb.com from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.

6. The Account Holder agrees not to harm ThrottleWeb.com, its reputation, computer systems, programming and/or other persons using ThrottleWeb.com's services. ThrottleWeb.com reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by ThrottleWeb.com are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate it's website. ThrottleWeb.com will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then ThrottleWeb.com has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless ThrottleWeb.com and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by ThrottleWeb.com The terms of this Section will survive any termination of this Agreement.

7. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of ThrottleWeb.com.

8. If the Account Holder sells or resells advertising or webspace to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. ThrottleWeb.com has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current ThrottleWeb.com Acceptable Use Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by ThrottleWeb.com, ThrottleWeb.com may terminate the services being provided to the Account Holder.

9. ThrottleWeb.com will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall ThrottleWeb.com be liable to the Account Holder for any damages resulting from or related to any failure or delay of ThrottleWeb.com in providing access to the Internet under this Agreement. In no event shall ThrottleWeb.com be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of ThrottleWeb.com under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.

10. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A ThrottleWeb.com account may not be transferred without prior written approval from ThrottleWeb.com. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the ThrottleWeb.com services, including any damages resulting there from, until the Account Holder notifies ThrottleWeb.com 's customer service.

11. If ThrottleWeb.com assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the ThrottleWeb.com services, the right to use that Internet Protocol address will remain with and belong only to ThrottleWeb.com, and the Account Holder will have no right to use that Internet Protocol address except as allowed by ThrottleWeb.com in its sole and absolute discretion.

12. This Agreement constitutes the entire agreement between the Account Holder and ThrottleWeb.com with respect to the ThrottleWeb.com services and supersedes all prior agreements between the Account Holder and ThrottleWeb.com. ThrottleWeb.com's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.

13. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in St. Petersburg, FL. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

14. The Account Holder agrees to indemnify and hold ThrottleWeb.com harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and ThrottleWeb.com will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.

15. ThrottleWeb.com may include the Account Holder's name and contact information in directories of ThrottleWeb.com service subscribers for the purpose promoting the use of the services by additional potential clients. However, ThrottleWeb.com is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.

16. The interpretation and enforcement of this Agreement shall be governed according the laws of the State of Texas.   The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of Texas for any action arising out of or relating to the Account Holder's use of the ThrottleWeb.com services.

17. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.

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Acceptable Use Policy

Site Terms | Privay Statement | Member Terms | Design Terms | Hosting Terms | Acceptable Use Policy

JLM Systems, Inc. as (ThrottleWeb.com) is an Internet Presence Provider (IPP). We host web pages and provide e-mail services. ThrottleWeb.com has certain legal and ethical responsibilities regarding the use of its computer network and equipment. Our goal to be unbiased in providing hosting services for the Internet; however, ThrottleWeb.com reserves the right to cancel or interrupt any client's access to our services if we believe those services are being abused. You are solely and fully responsible for any content in the space provided for your web page and for the e-mail you produce. For these reasons, you violate ThrottleWeb.com's policy and the service agreement when you, your customers, affiliates, or subsidiaries engage in the following prohibited activities:

SPAM

Any unsolicited bulk and/or commercial e-mail, considered spamming. Spamming not only affects the industry's attitude toward ThrottleWeb.com but also disrupts the service of other ThrottleWeb.com customers. ThrottleWeb.com may, at its discretion, suspend or cancel your account for spamming.

Intellectual Property Violations

Infringing or misappropriating the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, violating privacy, publicity, or other personal rights of others. ThrottleWeb.com is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also ThrottleWeb.com's policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Material

Using ThrottleWeb.com's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. ThrottleWeb.com is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through ThrottleWeb.com's network.

Defamatory or Abusive Language

Using ThrottleWeb.com's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks

Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "cracking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this Acceptable Use Policy

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Export Control Violations

Exporting encryption software over the Internet or otherwise, to points outside the United States.

Other Illegal Activities

Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities

Engaging in activities, whether lawful or unlawful, that ThrottleWeb.com determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

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