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Customer Agreement

Riverweb(sm) Internet Commerce is a Web Solutions Provider business owned and operated by Jeffrey L. Fishbein of Selinsgrove, Pennsylvania. Throughout this agreement, the name “Riverweb” shall be construed as equivalent to Jeffrey L. Fishbein.

The following terms apply to all web sites designed and/or hosted by Riverweb:

General Information

Riverweb is a web solutions provider, not an Internet Service Provider (ISP), and is thus not responsible for client Internet services. For access to the Internet, clients must have their own access account. In order to include forms on your web site, you must have an e-mail account to receive the data. Riverweb offers mail forwarding services, but can not provide you with an e-mail account.

Riverweb will not use for the personal benefit of Riverweb, nor divulge, disclose, or communicate to others, any information that is proprietary to clients. Riverweb will protect such information and treat it as strictly confidential. Upon request, Riverweb will return all client records, notes, documentation and other items that were used or controlled by Riverweb. Riverweb will not release to individuals any sensitive, personal information which you provided in order to establish your web site, including name, address, credit card numbers, bank account numbers, except for the purpose for which it was provided unless required to do so by law or in case of emergency. For more information on customer privacy, please see our policy statement.

Content Policy

Riverweb respects your right to free speech, but as a private entity is entitled to regulate content of pages on our server, which is the private property of Riverweb. Riverweb may not be used for purposes contrary to federal, state, or local ordinances, regulations or statutes. Copyrighted, patented or trademarked materials are subject to the intellectual property provisions of this policy. Obscene material, material of a threatening nature or liable to cause civil unrest, or material protected by trade secret are not permitted. Riverweb will not knowingly design or host any sites that conduct or promote such activity, and will co-operate with any law enforcement agency (after receipt of a requisite subpoena) in the investigation and prosecution of any crime involving Riverweb customers, its service, and those who attempt to use Riverweb computer systems for such purpose.

Your site will be rated in accordance with the standards established by the Recreational Software Advisory Council (RSACi) and SafeSurf and must be marked appropriately where required with appropriate ratings tags from both organizations. Client sites that are properly marked may contain content not suitable for all audiences, but adult-only content (e.g., pornography, violence) and/or links to off-site pages oriented toward such content will not be published. All site content must comply with Internet Acceptable Use Policy, as defined by our co-location provider and other relevant agencies.

Transactions and Security

Clients who wish to include electronic commerce transactions as part of their site must accept credit cards. It is the sole responsibility of the client to authenticate and receive authorization for the purchase. Riverweb is not responsible for fraudulent credit card information accepted as valid by clients.

Clients conducting electronic transactions are responsible for compliance with various state and federal laws that apply to the transaction, and the collection of all applicable taxes. In all transaction, the client, not Riverweb, is the entity with whom the customer is doing business. Riverweb is not responsible for merchandise or services purchased from independent sellers through our access service. This includes, but is not limited to, purchase terms, warranties, guarantees, maintenance or deliveries. Riverweb is not a party to such transactions and is not liable for any costs or damages arising out of, either directly or indirectly, the actions or inactions of sellers.

The risk as to quality, performance and accuracy of any information obtained through our service is exclusively with the user. Riverweb does not warrant any and all such electronic information nor will it be held responsible for any damages caused by such data. Although we have made every effort to secure communication where appropriate, Riverweb cannot guarantee that any transmission or communication is truly confidential or private.

Intellectual Property

Intellectual property is defined as creative work which carries restrictions on its copying and use. Intellectual property rights are held by the owners/creators of work and are protected by copyright, trademark and patent law. Many works include the symbols © to designate copyright, ™ to indicate trademark, and ® to indicate a registered mark. The lack of any symbol, however, does not mean that the work is not protected by law. Riverweb will not knowingly use material that is the intellectual property of others on your site unless you can demonstrate permission to use such material.

If you believe that your intellectual property is being used improperly by a Riverweb client, we will remove the property upon determining that the complaining party has raised a legitimate complaint. Your complaint must include the following information:

 The URL (web address) of the offending page

  Evidence that you are the holder of the copyright, trademark, etc., including registration number (if applicable), or a certification, under oath, that the work is your property.

 Documentation demonstrating that you have contacted the alleged violator and requested that the violating material be removed.

If Riverweb determines that the complaining party has not raised a valid claim, access to the page will be permitted until further proof of intellectual property violation can be offered, or until legally ordered to remove the property in question.

Riverweb retains intellectual property rights over the design of client sites and any custom graphics generated by Riverweb, including modified versions of property that is owned by the client. Riverweb site design features and images may not be copied or used by others without the consent of Riverweb. Actual site content remains the property of the site client, and the client retains responsibility for enforcement of intellectual property rights. The Riverweb logo, links to copyright information and our privacy statement will appear at the bottom of each page.

Service Obligation

Riverweb shall provide its services and meet its obligations in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Riverweb’s community and region, and will provide a standard care equal to or superior to care used by service providers similar to Riverweb on similar projects.

Riverweb agrees to monitor its web server for problems and failures. Monitoring may be electronic or in person. Scheduled shutdowns will occur on an occasional basis to perform hardware maintenance, generally between 8 a.m. and 12 noon Eastern Time on Sundays. There are no refunds of hosting service fees for short-term (less than 24 hours) outages of this nature. Riverweb is not responsible for outages caused by third parties beyond the control of Riverweb, including but not limited to power loss, unpreventable service interruption or problems related to Riverweb’s co-location provider. There are no refunds of hosting service fees for outages of this nature, unless the outage exceeds 72 hours.

In the event that Riverweb can not provide services that are paid for in advance, Riverweb will refund amounts paid on a pro-rated basis. No refunds will be granted for setup charges, web page creation charges or fees paid to others to establish your site (e.g., domain name fee).

Billing and Refunds

Hosting is billed in advance, not arrears. Client must pay for site design within 15 days of the site being posted. Other fees are billed at the end of the quarter in which the service is provided.

Riverweb will bill clients quarterly for hosting fees. Statements will be issued in the month preceding the new quarter (March, June, September, December). If payment is not received by the 10th day of the first month of the new quarter, your site will be terminated. If your site is terminated for non-payment and you wish to renew within 90 days of termination, a one-time $25 reconnect fee must be paid along with the hosting fee for the current quarter. After 90 days, you will be treated like a new customer and will be expected to pay all fees normally associated with starting a new site.

Any disagreement or dispute concerning a bill must be made within 30 days of the billing date. Charges disputed after this period of time will not be considered negotiable.

Riverweb will charge $20 (or more, if allowed by law) for any returned check. If your check is returned unpaid, you must pay the full amount, including penalty, by the 10th day of the first month of the quarter to prevent termination. If your check is returned after the 10th day of the quarter, your site will be terminated. If this type of termination occurs and you pay the amount due (along with returned check fee) within five (5) days of notice of same, Riverweb will waive the $25 reconnect fee.

Upon notice that a customer has filed bankruptcy, at its option, Riverweb may terminate service at the end of the currrently paid quarter, or require that customer pay two (2) quarters in advance on future service.

In the event a refund is issued, the amount refunded will be pro-rated based on Riverweb’s rates at the time the outage occurs. If you choose to terminate your site at any time during a paid quarter, there will be no refund of the fees paid for that quarter. If you pay in advance for a future quarter and notify Riverweb of your intent to terminate before that quarter begins, you are entitled to a refund of hosting fees, pro-rated from the day of actual termination. In the event a client is entitled to a refund, the following schedule will be used to determine the amount due:

 Virtual Hosting: $0.90 per day / $6.30 per week

  Domain Hosting: $1.15 per day / $8.05 per week

 Organizational: $0.65 per day / $4.55 per week

Riverweb reserves the right to offer introductory rates and specials limited to new customers only. If you become a Riverweb customer in the 30 days preceding such an offer, you are eligible for the introductory specials.

Prohibited Behavior

The following content types are specifically prohibited on Riverweb sites:

 Pages which promote commercial purposes for any entity other than the client, such as display of advertisements, including banner exchange services; conducting raffles, lotteries, or contests; or other similar activities, without the express permission of Riverweb.

 Password only and restricted access pages, unless required as part of your business model. Riverweb must have access to any such pages.

  Pages with hidden images or pages.

Riverweb shall immediately terminate a web site without refund of any kind for persons who engage in any of the following activities. These terms apply regardless of whether the activity involves Riverweb or not:

 TRESPASSING: Anyone who trespasses upon the computer property of another. This will include hacking (i.e., illegal entry to computer system), spoofing or forging (e.g., the use of a Riverweb address that is not approved by Riverweb, or the use of a false e-mail account).

  SPAMMING: Anyone who wrongly transmits unsolicited messages in bulk via e-mail or posts messages to Usenet that do not comply with Internet Acceptable Use Policy.

  FLOODING: Anyone who uses a ping program or similar automated task manager to overload an Internet server or otherwise deny access of service to others.

 HARASSMENT: Badgering, bothering, taunting or other offensive behavior towards another Internet user through electronic means.

Riverweb reserves the right to modify any part of this policy and or its service fees at any time, but clients are guaranteed at least 30 days notice of any such change. In the event a client has paid in advance through a rate change period, the new rates will not apply to that client until the end of the period for which the client has paid in advance.

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