Terms of Service: OnDemand Web and Audio Conferencing

Web Conferencing
THE FOLLOWING DESCRIBES THE TERMS ON WHICH WE OFFER SERVICES INCLUDING ATTENDING, SCHEDULING, AND HOSTING A WEB CONFERENCE SITE. BY PRESSING THE "I ACCEPT" BUTTON WHEN YOU SIGNUP, YOU ACCEPT THE TERMS AND CONDITIONS BELOW AND AGREE THAT THIS CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND WESTNET LEARNING. If you do not wish to be bound by these terms and conditions, please do not visit or use WestNet Learning Web Conferencing products/services. These Terms of Service may be amended at any time by us from time to time in our sole discretion without specific notice to you. The latest Terms of Service will be posted on our site, and you should review them prior to using the site.

1. Web Conference Pricing . Unless otherwise agreed upon, WestNet Learning standard web conferencing price is $0.25 per minute. This price is for web conferencing only and does not include audio conferencing.
2. Description of Service
   WestNet Learning operates this web site and associated web pages which for purposes of these Terms of Service will be referred to as the "WestNet Learning Web Conferencing." WestNet Learning offers you access to the WestNet Learning Web Conferencing which provides you access to a collection of online resources, including attending, scheduling, and hosting a web conference. WestNet Learning offers you access to the WestNet Learning Web Conferencing in exchange for your agreement to accept and comply with the terms, conditions, and notices stated here and as may be modified by WestNet Learning from time-to-time in its sole discretion without notice to you. Unless explicitly stated otherwise, any new features or products that augment or enhance the current Service shall be subject to these Terms of Service.
3. General Use of the WestNet Learning Web Conferencing.
   You promise that you will not use the WestNet Learning Web Conferencing, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the WestNet Learning Web Conferencing. This means, among other activities, that you agree not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the WestNet Learning Web Conferencing in any manner which could damage, disable, overburden, or impair the WestNet Learning Web Conferencing or interfere with any other party's use and enjoyment of the WestNet Learning Web Conferencing. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the WestNet Learning Web Conferencing. Except with the written permission of WestNet Learning, you agree that you will not access or attempt to access password protected, secure or non-public conferences of the WestNet Learning Web Conferencing. Unauthorized individuals attempting to access prohibited areas of the WestNet Learning Web Conferencing may be subject to prosecution.
4. Registration/Privacy Policy
   In order for you to participate in the Service, WestNet Learning will require that you provide specific information about yourself. If you choose to participate in such services and attend, schedule, or host multimedia web conferences, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity (such information being "Member Data"). Member Data and certain other information about you is subject to our Privacy Policy. You agree and acknowledge that Member Data from the registration process is used to send you information about WestNet Learning and the service. Sensitive information will never be divulged to others without your permission. Some of your personal information from this service may be displayed on the personalized public web pages that you receive from WestNet Learning. You can modify all of your personal information by logging into the service and selecting Account Management. Service, including, but not limited to, the use of your email address for newsletters and other necessary company communication.
   Although privacy issues are very important to us, given the current regulatory and technical environment you should not have an expectation of privacy in your WestNet Learning Web Conferencing account or any conference or Member Data associated with it. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept your private communications. We cannot ensure that all private communications or information associated with your WestNet Learning Web Conferencing account will remain private.
5. Storage and Usage
   Web Conferencing allows storage of presentations uploaded by its users. The number and size of presentations is determined by your service level. If your account is terminated due to non-payment, WestNet Learning does not warrant or guarantee your stored presentations will be available to you in the future. In addition, WestNet Learning stores all account information and its use is limited to paragraph 3 (Registration/Privacy Policy) of this document.
6. Content Submitted to WestNet Learning
   The WestNet Learning Web Conferencing includes a number of venues such as attending a conference, scheduling a conference, and hosting a conference to enable you to disseminate and exchange thoughts and opinions to and with other members of the public. Since WestNet Learning firmly believes in the value of free and open dissemination and exchanges, it is under no obligation to monitor, pre-screen, or otherwise censor your thoughts and opinions. Therefore, WestNet Learning cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Always use caution when posting any personally identifying information about yourself or your children on the WestNet Learning Web Conferencing.
7. Member Conduct
   You, and not WestNet Learning, are entirely responsible for all information, data, text, software, music, sound, photographs, messages or other materials ("Member Content") posted via the Service. WestNet Learning does not control the Member Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. With respect to the content on your WestNet Learning Web Conferencing account you agree not to:
   a. post, broadcast, upload or otherwise transmit any content not related to appropriate subject matters;
   b. post, broadcast, upload or otherwise transmit any content which is misleading to others, including, but not limited to, consumers;
   c. post, broadcast, upload or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
   d. post, broadcast, upload or otherwise transmit any content that you do not have a right to post and transmit under any law or contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   e. post, broadcast, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
   f. post, broadcast, upload or otherwise transmit any materials that contain 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;
   g. post, broadcast, upload or otherwise transmit any materials which imposes an unreasonable or disproportionately large load on our infrastructure;
   h. post, broadcast, upload or otherwise transmit any content that is harmful to minors;
   i. post, broadcast, upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
   j. 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;
   k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations have the force of law;
   l. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
   m. forge any headers or other manipulation or identifiers in order to disguise the origin of any content transmitted through the service;
   n. collect or store personal data about any other individual;
   o. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
   p. attempt to access the accounts of others, or attempt to penetrate security measures of WestNet Learning, Partner or other entities , whether or not the intrusion results in corruption or loss of data; and/or
   q. resell or exploit for any commercial purpose WestNet Learning Communication's services by any and all means.
   We believe in each person's right to express themselves, but sometimes the words you want to speak will be inappropriate for the community at large. From time to time, we may ask you to place some of your content behind password protection if we believe such content is inappropriate for the community at large (unless they violate these Terms of Service in which case they should not be on our system at all). If we ask you to place your content behind password protection and you fail to do so promptly, we at our sole option may choose to (a) place such content behind password protection ourselves, or (b) terminate these Terms of Service and your WestNet Learning account. Furthermore, in cases where we have asked you to place content behind password protection or the content otherwise appropriately belongs behind password protection, you may not publish your password in such a way that negates the limited access nature of the password protected WestNet Learning Web Conferencing.
8. Third Party Content
   For your convenience, the WestNet Learning Web Conferencing contains content and information from WestNet Learning partners and/or links to partner web sites ("Third Party Content"). Such content is not under the control of WestNet Learning and WestNet Learning Communications is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. WestNet Learning Communication is providing such Third Party Content to you only as a convenience, and the inclusion of such content does not imply endorsement by WestNet Learning Communication of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use third party services, content, software, or sites.
   WestNet Learning Communications is not and will not be responsible for (i) the terms and conditions of any transactions between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release WestNet Learning Communication (and its affiliates, and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
9. DISCLAIMER OF WARRANTIES.
   YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE AND OUR SUPPLIERS PROVIDE OUR SERVICE, THE WestNet Learning WEB CONFERENCING "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. (B) WESTNET LEARNING MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SERVICE, THE WESTNET LEARNING WEB CONFERENCING IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10. LIMITATION OF LIABILITY
    IN NO EVENT SHALL WESTNET LEARNING AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WESTNET LEARNING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WESTNET LEARNING WEB CONFERENCING, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WESTNET LEARNING WEB CONFERENCING.
11. Proprietary Rights
    WESTNET LEARNING does not claim ownership of the conferences you place on your WESTNET LEARNING Web Conferencing account. By scheduling web conferences to your WestNet Learning Web Conferencing account, you grant WestNet Learning a worldwide, royalty-free non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display such conferences on and through the WestNet Learning Web Conferencing, and co-branded or mirrored versions of such sites, and in WestNet Learning Communication's promotional or advertising materials, and (ii) sublicense to third parties such content to the extent necessary for the creation and maintenance of, in part or in whole, such sites.
12. Indemnification
    You agree to indemnify and hold WestNet Learning and its, suppliers, affiliates, partners, subsidiaries, employees harmless from any and all claims and demands, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of any information, including but not limited to member information, and your publicly posted information, submitted, posted, or otherwise provided by you to your WestNet Learning Web Conferencing account and/or WestNet Learning and/or its affiliates.
13. Copyright
    All materials on the WestNet Learning Web Conferencing (as well as the organization and layout of the WestNet Learning web site) are owned and copyrighted or licensed by WestNet Learning, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the WestNet Learning Web Conferencing is permitted without the written permission of WestNet Learning. Any rights not expressly granted herein are reserved.
14. Modification
    WestNet Learning reserves the right at anytime and from time to time to modify, discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that WestNet Learning shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
15. Termination
    You agree and acknowledge that while WestNet Learning does not pre-screen conferences by you to your WestNet Learning Web Conferencing account, WestNet Learning and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is posted by you or any other party to your WestNet Learning Web Conferencing account. You further agree that WestNet Learning shall have the right to remove Elements from your WestNet Learning Web Conferencing account, your WestNet Learning Web Conferencing account, with or without notice to you, at any time at our sole discretion, if we discontinue offering the Element for any reason. You further agree that WestNet Learning, in its sole discretion, may terminate your password, your WestNet Learning Web Conferencing account, your WestNet Learning Web Conferencing account or your use of the Service for any reason, including, without limitation, if you breach these Terms of Service, for lack of use, if we are unable to verify or authenticate any information you proved to us, or if WestNet Learning believes that you have violated or acted inconsistently with the spirit of these Terms of Service. We may also terminate your WestNet Learning Web Conferencing account if we decide, in our sole discretion, to discontinue offering our services.
16. General Information
    These Terms of Service shall be governed in all respects by the laws of the State of Pennsylvania, U.S.A. as such laws are applied to agreements entered into and to be performed entirely within Pennsylvania between Pennsylvania residents. Both parties submit to exclusive jurisdiction and venue in Pennsylvania and further agree that any cause of action arising under these Terms of Service shall be brought in a court in Pennsylvania County, Pennsylvania. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms of Service or your rights in your WestNet Learning Web Conferencing account, and any attempt to the contrary is void. These Terms of Service sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Audio Conferencing
The purpose of WestNet Learning Communications, under this agreement, is to provide conference calling services to clients. This will include the process of reserving the call, providing inbound access nationally and internationally, outbound access nationally and internationally, and connecting participants to prearranged conference calls.

The client will gain and prearrange this security prior to the call with the WestNet Learning conference center. WestNet Learning will undertake no extra security precautions unless the client has so requested.

Use of call taping features may subject the client to state or federal laws or regulations regarding the notification to conference call participants.

Charges will be billed based on the current agreed rates as amended from time to time. The client agrees to pay all charges when billed. Charges not paid within 30 days of the date of billing may be assessed a 1.5% per month finance charge and may result in termination of service. Credit card charges will be paid and guaranteed as stated in the applicants for service agreement.

The parties recognized the importance of the confidentiality of information delivered by the system and agree to take reasonable steps to limit access to the system by carefully following appropriate security procedures unless otherwise requested. On a routine basis, WestNet Learning employees monitor conferences for quality. All WestNet Learning employees are subject to secrecy and confidentiality agreements. Client agrees not to resell the service to a third party unless authorized in writing by WestNet Learning communications.

Warranty and Disclaimer: WestNet Learning shall use their best effort to ensure that the system is reliable and available to the client at all times provided. However, WestNet Learning does not make any representations, warranties, or covenants either expressed or implied including the implied warranty of merchantability and fitness for a particular purpose.

WestNet Learning shall not be liable for incidents, special or consequential damages, personal injury, commercial loss, arising in any manner out of the performance or nonperformance of all services provided.

Terms and Conditions shall be governed by the state of Pennsylvania. These terms may be amended by WestNet Learning Communications at any time.