Terms of Services
Revision date: 2/16/09
All services provided by YouAndCharlieWu.com ("YouAndCharlieWu.com") may be
used for lawful purposes only. Transmission, storage or presentation of any
information, data or material in violation of any United States federal,
state or city law is prohibited. This includes, but is not limited to:
copyrighted material, material we judge to be threatening or obscene, or
material protected by trade secret and other statute. The subscriber agrees
to indemnify and hold harmless YouAndCharlieWu.com from any claims resulting
from the use of service which damages the subscriber or any other party.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of
YouAndCharlieWu.com is strictly prohibited. As our customer you are
responsible for all your accounts. Should you violate the Terms of Services
outlined within, your account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
discretion.
All subscribers and referrals of subscribers of YouAndCharlieWu.com must
adhere to the above policies.
Money back guarantee & refund policy
We do not, under any circumstances, refund donations made to our project.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
discretion.
Limitation of Liability
YouAndCharlieWu.com shall not be responsible for any claimed damages,
including incidental and consequential damages, which may arise from
YouAndCharlieWu.com's servers going off-line or being unavailable for any
reason whatsoever. Furthermore, YouAndCharlieWu.com shall not be responsible
for any claimed damages, including incidental or consequential damages,
resulting from the corruption or deletion of any web site from one of
YouAndCharlieWu.com's servers.
Violations
Violations of these Acceptable Use Policies should be referred to
tos@youandcharliewu.com. All complaints will be investigated promptly.
Failure to follow any term or condition will be grounds for immediate
account deactivation.
Disclaimer
YouAndCharlieWu.com cannot be held liable for system down time, crashes or
data loss. We cannot be held liable for any predicated estimate of profits
which a client would have gained if the site was functioning. Certain
services provided by YouAndCharlieWu.com are resold to us. Thus, certain
equipment, routing, software and programming used by YouAndCharlieWu.com are
not directly owned or written by YouAndCharlieWu.com. Moreover,
YouAndCharlieWu.com holds no responsibility for the use of our clients'
accounts. Failure to comply with any terms or conditions will result in the
automatic deactivation of the account in question. We reserve the right to
remove any account, without advance notice for any reason without
restitution, as YouAndCharlieWu.com sees fit.
Account Activation
By activating your account with YouAndCharlieWu.com, you agree to the above
policies and disclaimer. Upon requesting activation of an account, and
replying to the confirmation email generated by that activation request and
then completing the activation, you are required to accept these policies,
guidelines and disclaimer, and a copy of your acceptance is forwarded along
with your activation request to be maintained with your account information.
Server Uptime Guarantee
Although YouAndCharlieWu.com has an excellent record for reliability, we do
not offer an uptime guarantee. However, our network and servers are
monitored continuously, and are rarely down except for scheduled maintenance
and hardware and software upgrades.
YouAndCharlieWu.com reserves the right to amend any or all of the above
policies, guidelines and disclaimer without notification. We also retain the
right to increase any pricing and make changes to our account plans without
notification.
Privacy
Revision date: 2/16/09
YouAndCharlieWu.com has created this privacy statement in order to
demonstrate our firm commitment to privacy. The following discloses the
information gathering and dissemination practices for this Web site.
Information Automatically Logged
We use your IP address to help diagnose problems with our server and to
administer our Web site. We use this information for no other reason.
Order Forms
Our site uses an order form for customers to request services. (128 bit
encryption). We collect sensitive information which is used only for our
purpose, not third party receives any type of information from us.
Contact information from the order forms is used to get in touch with the
customer when necessary.
Billing information that is collected is used to bill the user for services.
Unique identifiers are collected from Web site visitors to verify the user's
identity.
Demographic and profile data is also collected at our site.
Security
This site has security measures in place to protect the loss, misuse, and
alteration of the information under our control. We use strong SSL
encryption to ensure your privacy.
Third Parties
Information collected on this site is strictly for our use, NO OTHER OUTSIDE
PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of
this site, or your dealings with this Web site, you can contact:
tos@youandcharliewu.com
Acceptable Use Policy
Revision date: 2/16/09
As a provider of fundraising and other Internet-related services,
YouAndCharlieWu.com offers its customer (also known as "Subscribers") and
their customers and users the means to acquire and disseminate a wealth of
public, private, commercial and non-commercial information.
YouAndCharlieWu.com respects that the Internet provides a forum for free and
open discussion and dissemination of information. However, when there are
competing interests at issue, YouAndCharlieWu.com reserves the right to take
certain preventive or corrective actions. In order to protect these
competing interests, YouAndCharlieWu.com has developed an Acceptable Use
Policy ("AUP"), which supplements and explains certain terms of each
customer's respective service agreement, and is intended as a guide to the
customer's rights and obligations when using YouAndCharlieWu.com' services.
This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls
it. This fact accounts for much of the Internet's openness and value, but it
also places a high premium on the judgment and responsibility of those who
use it, both in the information they acquire and in the information they
disseminate to others. When subscribers obtain information through the
Internet, they must keep in mind that YouAndCharlieWu.com cannot monitor,
verify, warrant or vouch for the accuracy and quality of the information
they acquire. For this reason, the subscriber must exercise his or her best
judgment in relying on information obtained from the Internet, and also
should be aware that some material posted to the Internet may be sexually
explicit or otherwise offensive. Because YouAndCharlieWu.com cannot monitor
or censor the Internet, and will not attempt to do so, YouAndCharlieWu.com
cannot accept any responsibility for injury to its subscribers resulting
from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep
in mind that YouAndCharlieWu.com does not review, edit, censor or take
responsibility for any information its subscribers may create. When users
place information on the Internet, they have the same liability as other
authors for copyright infringement, defamation and other harmful speech.
Also, because the information created is carried over YouAndCharlieWu.com'
network and may reach a large number of people, including both subscribers
and non-subscribers of YouAndCharlieWu.com, subscribers' postings to the
Internet may affect other subscribers and may affect YouAndCharlieWu.com'
goodwill, business, reputation or operations. For these reasons, subscribers
violate YouAndCharlieWu.com policy when they, their customers, affiliates or
subsidiaries engage in the following prohibited activities:
Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It
is not only harmful because of its negative impact on consumer attitudes
toward YouAndCharlieWu.com, but also because it can overload
YouAndCharlieWu.com' network and disrupt service to YouAndCharlieWu.com'
subscribers. Also, maintaining an open SMTP relay is prohibited. When a
complaint is received, YouAndCharlieWu.com will investigate and shutdown the
account that is SPAMing.
Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, YouAndCharlieWu.com
does not allow any streaming of audio or video content. Offending accounts
will be suspended without noticed or terminated.
Adult-Oriented Content:
YouAndCharlieWu.com does not allow adult content and will suspend/terminate
any offending account.
Large File Policy:
YouAndCharlieWu.com is not for file hosting and distribution - as such,
customers may not host any files.
Obscene Speech or Materials:
Using YouAndCharlieWu.com' network to advertise, transmit, store, post,
display, or otherwise make available child pornography or obscene speech or
material is prohibited. YouAndCharlieWu.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 its network.
Defamatory or Abusive Language:
Using YouAndCharlieWu.com' network as a means to transmit or post negative,
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 "hacking"). Also,
any activity that may 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, mail bombing 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.
Facilitation a Violation of this AUP:
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, mail bombing, 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, but not
limited to, 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 YouAndCharlieWu.com
determines to be harmful to its subscribers, operations, reputation,
goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities
just described rests primarily with the subscriber. YouAndCharlieWu.com will
not, as an ordinary practice, monitor the communications of its subscribers
to ensure that the comply with YouAndCharlieWu.com' policy or applicable
law. However, when YouAndCharlieWu.com becomes aware of harmful activities,
it may take any action to stop the harmful activity, including, but not
limited to, removal of information, shutting down a web site, implementing
screening software designed to block offending transmissions, denying access
to the Internet, or any other action deemed appropriate by
YouAndCharlieWu.com.
YouAndCharlieWu.com is also aware that many of its subscribers are
themselves providers of Internet services, and that information reaching
YouAndCharlieWu.com' facilities from those subscribers may have originated
from a customer of the subscriber or from another third party.
YouAndCharlieWu.com does not require its subscribers who offer Internet
services to monitor or censor transmissions or web sites created by
customers of its subscribers. YouAndCharlieWu.com reserves the right to
directly take action against a customer of its subscribers. Also,
YouAndCharlieWu.com may take action against the YouAndCharlieWu.com'
subscriber because of activities of a customer of the subscriber, even
though the action may affect other customers of the subscriber. Similarly,
YouAndCharlieWu.com anticipates that subscribers who offer Internet services
will cooperate with YouAndCharlieWu.com in any corrective or preventive
action that YouAndCharlieWu.com deems necessary. Failure to cooperate with
such corrective or preventive measures is a violation of YouAndCharlieWu.com
policy.
YouAndCharlieWu.com will not intentionally monitor private electronic mail
messages sent or receive by its subscribers, unless required to do so by
law, governmental authority or when public safety is at stake.
YouAndCharlieWu.com may, however, monitor its service electronically to
determine that its facilities are operating satisfactorily. Also,
YouAndCharlieWu.com may disclose information, including, but not limited to,
information concerning a subscriber, a transmission made using our network,
or a web site, in order to comply with a court order, subpoena, summons,
discovery request, warrant, statute, regulation or governmental request.
YouAndCharlieWu.com assumes not obligation to inform the subscriber that
subscriber information has been provided and, in some cases, may be
prohibited by law from giving such notice. Finally, YouAndCharlieWu.com may
disclose subscriber information or information transmitted over its network
where necessary to protect YouAndCharlieWu.com and others from harm, or
where such disclosure is necessary to the proper operation of the system.
However, YouAndCharlieWu.com will never sell information to other services
or outside companies.
We hope this AUP is helpful in clarifying the obligations of Internet users,
including YouAndCharlieWu.com and its subscribers, as responsible members of
the Internet. Any complaints about a subscriber's violation of this AUP
should be sent to charlie@youandcharliewu.com.
