Terms Of Service/Use Last Updated: 6/28/2009

If you do not agree to the following Terms of Service, discontinue using the site immediately!

MDPL KEYWORD-BASED LICENSES

Users of the Fwicki application have the option of securing an optimized, keyword-based license for their account. This license is known as a Marketing Developer Pro License. The granting of MDPL licenses will be subject to the availability of the keyword or keyword phrase and will be granted at the sole discretion of Fwicki.com. MDPL licenses are granted on a first-come, first-serve basis. Users who secure the optimized keyword licenses will not own the keywords at Fwicki.com. The keywords are licensed to the user and MDPL licenses are subject to several factors:
1. The user must remain in compliance with the Fwicki.com Terms of Service in order to maintain their MDPL license.
2. MDPL licenses are subject to an initial keyword acquisition fee in order to secure the MDPL license. ALL MDPL licenses are acquired through application, review, and approval. Applications are submitted to our support team here.
3. The initial keyword acquisition fee will vary depending on the market sector category and the keyword (phrase) being secured.
4. Fwicki.com retains the sole right to determine the license fees and rates for any of it's keyword-based MDPL licenses.
5. Users must ALSO maintain an active MDPL monthly subscription account ($550 USD per month) in order to keep the keyword license active. Allowing the MDPL monthly subscription account to lapse at Fwicki.com will result in termination of the MDPL license and a forfeiture of all monies paid for the license. If the monthly license subscription is allowed to lapse due to neglect, the license holder will be offered first option for reinstatement of the license. If reinstated, previous pricing (beta phase pricing for old accounts) will not apply. Additional setup fees will apply for reinstating the license should the first option be requested by the original licensee.
6. The monthly subscription fee associated with the MDPL license will be in addition to the initial MDPL license acquisition fee. Payment for the first month is required at the same time the acquisition fee is paid.
7. MDPL license fees are separate from any other membership packages offered by Fwicki.com. Fwicki reserves the right to rescind any and all MDPL licenses for any violation of this terms of service and at it's own discretion. Any MDPL license that is rescinded will result in the forfeiture of all rights and monies paid by the licensee.
8. Alliances with online Market Sector Partners take precedence over individuals when applying for MDPL accounts at Fwicki. No MDPL licenses will be granted to individuals that directly relate to the category secured by a Market Sector Partner.
9. MDPL license holders who provide advertising space for third-party sponsors are required to increase their portal page monthly subscription rates for each MDPL portal page by $200 USD per page. License holders selling ad space to third parties will not be able to include third-party advertising unless each page subscription is active at current pricing levels. The current monthly subscription fees for MDPL license holders who sell advertising to third-parties is $750 USD per month - per page.

All users who register or participate at Fwicki.com agree to abide by the terms and conditions set forth in this Terms of Service/Use.

CUSTOM FWICKI HEADERS AND FOOTERS

DEV PRO account and MDPL license holders within the Fwicki community are now the only Fwicki users who have access to create Fwicki Custom Headers and Footers. The following terms and conditions apply to all paid account users:
1. It is a violation of the Fwicki Terms of Service/Use to include any of the following elements or speech in a Fwicki Custom Header or Footer: lewd, pornographic, profanity, violence, hatred, hate speech, racial bigotry, sedition, insurrection, sexual content, terrorism, threats, or any other content Fwicki.com deems inappropriate.
2. Qualifying users are now required to submit their header and footer code through the Fwicki support center.
3. Any user who is found in violation of this policy agrees to forfeit any fees paid for the use of the Fwicki application.
4. Any user found in violation of this policy will have their IP address blocked and be permanently banned from accessing the site.
5. All users who register at Fwicki.com agree to the terms and conditions set forth in this Terms of Service/Use.
6. The insertion of ANY and ALL types of code deemed to be malicious, destructive, or otherwise unacceptable is a strict violation of the Fwicki Terms of Service/Use. Fwicki.com reserves the right to determine the status of any questionable code insertion or practices associated with the use of the Fwicki application. Any user who violates this policy will be immediately terminated from holding an account at Fwicki.com. When necessary, the account holder in violation will be turned over to the proper authorities to face applicable penalties for such violations. Any user who is found in violation of this policy agrees to forfeit any fees paid for the use of the Fwicki application. All users who register at Fwicki.com agree to the terms and conditions set forth in this Terms of Service/Use.

DATABASE OWNERSHIP, LICENSE, SERVICE AND USE

You may only use this site and the Fwicki application in accordance with our creative commons license guidelines. Fwicki.com grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.

FEED SUBMISSION AND FEED CREATION POLICY

Fwicki.com will not tolerate the submission or creation of feeds that contain pornography, obscenities, or inappropriate content. This includes but is not limited to: content feeds that contain profanity, violence, hatred, hate speech, racial bigotry, sedition, insurrection, sexual content, terrorism, threats, or any other content Fwicki.com deems inappropriate. If any user is found to be using the Fwicki.com web application to submit or create feeds that violate these guidelines; the user account will be permanently disabled and the feeds removed. The user in violation will have their IP blocked and will no longer be able to access the Fwicki.com. web application.

LIABILITY

The materials in this site are provided “as is” and without warranties of any kind either express or implied. Fwicki.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Fwicki.com does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Fwicki.com does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Fwicki.com) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Under no circumstances, including, but not limited to, negligence, shall Fwicki.com be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or feeds in this site, even if Fwicki.com or a Fwicki.com authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Fwicki.com’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed one percent of the amount paid by you, if any, for accessing this site. If you choose to register and use the Fwicki.com web application or Fwicki Support Community, you agree that you do so at your own risk. You also agree that Fwicki.com is blameless and not responsible for any losses incurred by using the site or the services related to Fwicki.com. Facts and information at this web site are believed to be accurate at the time they were placed on the web site. Changes may be made at any time without prior notice. The user agrees to be bound by any updates to this policy from the time the updates are added to this policy. All data provided on this web site is to be used for information purposes only. The information contained on this web site and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this web site are only offered in jurisdictions where they may be legally offered. Fwicki is in no way responsible for changes in search engine algorithms which may cause the portal pages to be adjusted or removed from any search engine index. Users of the Fwicki application acknowledge by using the Fwicki application technology that Fwicki can not and will not be held responsible for any deindexing or placement shift of Fwicki portals within any Internet search engines. Users of the Fwicki application understand that such a shift in the algorithms or deindexing from search engine indexes is outside the control of Fwicki.com or the user (licensee). Information provided in our web site is not all-inclusive, and is limited to information that is made available to Fwicki.com and such information should not be relied upon as all-inclusive or accurate.

LINKS AND MARKS

The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other web sites or references to products, services or publications other than those of Fwicki.com and its subsidiaries and affiliates at this web site, do not imply the endorsement or approval of such web sites, products, services or publications by Fwicki.com or its subsidiaries and affiliates.

All third-party logos, corporate identifiers, and images which appear on the Fwicki website are the exclusive property of their respective owners. Fwicki claims no ownership rights or privileges to said items. Third-party logos, corporate identifiers, and images which appear on certain Fwicki pages are used with the express consent of companies and individuals requesting placement of said elements on Fwicki pages. Certain names, graphics, logos, icons, designs, words, titles or phrases at this web site may constitute trade names, trademarks or service marks of Fwicki.com or of other entities. The display of trademarks on this web site does not imply that a license of any kind has been granted.

CONFIDENTIALITY OF CODES, PASSWORDS AND INFORMATION

You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from Fwicki.com, and all information to which you have access through password-protected areas of Fwicki.com’s web sites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

OTHER LEGAL STUFF

These Terms of Service/Use will apply to every access to http://www.Fwicki.com and http://www.Fwicki.net. Fwicki.com reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from Fwicki.com will be a separate, discrete transaction based on the then prevailing terms. This Terms of Service/Use and the license granted may not be assigned or sublet by You without Fwicki.com’s written consent in advance. These Terms of Service/Use shall be governed by, construed and enforced in accordance with the laws of the state of North Carolina, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. To the extent you have in any manner violated or threatened to violate Fwicki.com and/or its affiliates’ intellectual property rights, Fwicki.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of North Carolina, and you consent to exclusive jurisdiction and venue in such courts. Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in one of the following locations: Asheville, North Carolina. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at one of the following locations: Asheville, North Carolina under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

TERMINATION

These Terms of Service/Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all http://www.Fwicki.com site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at Fwicki.com’s sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other http://www.Fwicki.com site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.