By using this site, you signify your Assent and Agreement to these Terms of Service/Use. If you do not agree to these Terms of Service/Use, do not use the site.

RESTRICTIONS ON USE OF MATERIALS

Materials in this web site are Copyrighted and All Rights Are Reserved. Text, graphics, databases, HTML code, XML code, any and all computer language code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, re-engineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of Fwicki.com or of other owners used with their permission.

FWICKI.COM - SPAM POLICY

** NOTICE: The creation of "test" fwickis using this mashup application will be considered as internally SPAMMING the community. Fwicki users are expected to create a legitimate mashup when using the application. This policy is to ensure the value fwicki brings to the web community at large. Violators of this policy will have their fwickis removed from the database, their accounts locked, and their IP address will be blocked. Malicious users will be reported to the proper authorities and their ISP. IP addresses are logged and this policy will be strictly enforced.

In order to maintain a high community standard, Fwicki.com prohibits users from associating our services with SPAM sites, SPLOGS (SPAM Blogs), or Link Farms. SPAM or junk sites are useless and may contain the following attributes:

**Scraped search engine results** ::: SPAM sites, SPLOGS, and Link Farms will contain a high number of "scraped search engine results" (links) that point to other web sites. This attribute of the SPAM site is the origin of the phrase "Link Farm".

**Duplicate articles** ::: SPAM sites, SPLOGS, and Link Farms will contain many duplicate content articles. These duplicate content articles represent the bulk of the site's textual content.

**Massive keyword lists** ::: SPAM sites, SPLOGS, and Link Farms contain massive keyword lists that bloat the site and/or serve as the site "navigation". The keyword "navigation" points to a related page within the site which generally contains a duplicate article, scraped search results and contextual ads.

**Pay Per Click (PPC) Ad Farms** ::: For the most part, SPAM sites, SPLOGS, and Link Farms are created for the sole purpose of getting clicks on contextual PPC or affiliate ads. The design and layout of the SPAM site is usually centered around the ads.

SPAM sites, SPLOGS, and Link Farms have no real value. It is the policy of Fwicki.com to review the fwickis and associated web sites that are included in our community. Fwicki.com will remove any and all instances of SPAM and we encourage our community to report any and all abuse.

Fwicki.com integrates a mechanism whereby the members of the community can vote to accept or reject a fwicki listing and the associated site. Upon the completion of the rejection process by the interactive community, the fwicki will be placed into review status. Fwicki.com reserves the right to reject any fwicki and/or related site that is deemed to be inappropriate or useless to the community. THIS POLICY WILL BE STRICTLY ENFORCED.
Any user who violates this policy and submits feeds from or associated with automated SPAM junk sites will be prohibited from using the fwicki.com site. The user found in violation also agrees to forfeit any monies paid to Fwicki.com for use of the fwicki service.
Our goal is to provide a wholesome, useful, internet community where users can enjoy the best that RSS has to offer. Automated, duplicate content, junk sites are a direct violation of our policy. Spammers will be reported to their ISP and subject to fines and penalties in accordance with current anti-spam laws.

If you are a junk site spammer, save yourself the trouble... don't use our site.

All registered users agree to abide by this policy by registering at Fwicki.com

USE OF FWICKI MASHUP FEEDS

The general public and users of the Fwicki application have access to the Fwicki Mashup Feeds created by the Fwicki mashup application. The following terms and conditions apply to anyone who uses the Fwicki Mashup Feeds:
1. Sites who use and benefit from the proprietary content feeds are required to use the feed "as is" without altering the feed code.
2. This includes independent web sites, feed directories, feed libraries, feed repositories, and blogs.
3. It is a violation of the Fwicki terms of service to inject the rel="nofollow" tag into any links in the Fwicki mashup feed.
4. Users of the Fwicki mashup feeds must leave all links in place without applying the rel="nofollow" tag. Violators of this policy will be prevented from using the feeds on their site and will forfeit any and all monies paid for the use of the Fwicki application or Fwicki memberships and be banned from using the site.
5. All users who register at Fwicki.com agree to the terms and conditions set forth in this Terms of Service/Use.

USE OF THE FWICKI FEED CLOUD

The general public and users of the Fwicki application have access to the Fwicki Feed Cloud. The following terms and conditions apply to anyone who uses the Fwicki Feed Cloud:
1. It is a violation of the Fwicki Terms of Service/Use to implement the Fwicki Feed Cloud onto any web page, blog, myspace page, internet location, or web site that contains any of the following elements: lewd, pornographic, profanity, violence, hatred, hate speech, racial bigotry, sedition, insurrection, sexual content, terrorism, threats, or any other content Fwicki.com deems inappropriate.
2. If any user is found to be using the Fwicki Feed Cloud on web pages that violate these guidelines; the user account will be permanently disabled and the users feeds will be removed from the Fwicki feed database. The associated site IP address will be blocked and the Fwicki Feed Cloud will no longer be delivered to the offending domain. If the Fwicki Feed Cloud is being used on a public site and is in violation of Fwicki Terms of Service, Fwicki.com reserves the right to block the IP address of the offending web site and cease delivery of the Fwicki Feed Cloud. Any sites found to be violating this policy will be reported to the appropriate ICANN authorities.
3. Any user who is found in violation of this policy agrees to forfeit any and all 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.

KEYWORD-BASED (OPTIMIZED) USERNAMES

Users of the Fwicki application have the option of securing an optimized, keyword-based username for their account. The granting of keyword-based usernames will be subject to availability and will be granted at the sole discretion of Fwicki.com. Users who secure the optimized usernames will not own the usernames at Fwicki.com. The usernames are licensed to the user and username licenses are subject several factors:
1. The user must remain in compliance with the Fwicki.com Terms of Service in order to maintain their username license.
2. Optimized usernames are subject to an initial license acquisition fee as well as a monthly license payment in order to maintain their optimized username license.
3. The costs and fees for licenses for optimized usernames will vary depending on the username being secured.
4. Fwicki.com retains the sole right to determine the license fees and rates for any of it's optimized usernames.
5. Users must maintain a Dev Pro Account at Fwicki.com in order to qualify for an optimized username license. Allowing the Dev Pro Account to lapse at Fwicki.com will result in termination of the username license and a forfeiture of all monies paid for the license.
6. The monthly fee associated with the optimized username license will be in addition to the Dev Pro Account fees.
7. Optimized username license fees are separate from any other membership packages offered by Fwicki.com. Fwicki reserves the right to rescind any and all username licenses for any violation of this terms of service and at it's own discretion. Any username license that is rescinded will result in the forfeiture of all rights and monies paid by the licensee. All users who register at Fwicki.com agree to abide by the terms and conditions set forth in this Terms of Service/Use.

CUSTOM FWICKI HEADERS AND FOOTERS

Users of the Fwicki application have access to create Fwicki Custom Headers and Footers. The following terms and conditions apply to all 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. If any user is found to be inserting content that violates these guidelines; the user account will be permanently disabled and the feeds removed.
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 warrants, and you accept, that Fwicki.com is the owner of the copyright of the Databases of Links to articles and resources available from time to time through http://www.Fwicki.com and http://www.Fwicki.net. Fwicki.com and its contributors reserve all rights and no intellectual property rights are conferred by this agreement. Fwicki.com grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below. You agree to use information obtained from Fwicki.com databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or brokering of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, re-engineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise. Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. 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.

CONTENT IMAGES, PICTURES, AND FEEDS

Fwicki reserves the right to use any and all images, photos, feeds, and non-trademark graphics contained in this site for marketing purposes. By registering and/or subscribing to this web site, all users and/or members agree that any and all images, photos, content, and feeds submitted to this site become the exclusive property of Fwicki. We reserve the right to use any or all images, photos, content, and feeds in marketing and promotion. In no way shall Fwicki be responsible to compensate any user or member for the use of images, photos, content or feeds. Registration at and/or submission of images, photos, content or feeds to this site constitutes agreement and acceptance of this policy. All feeds that appear in the database at Fwicki.com are the exclusive property of the owner and creator of said feed. Users of the feed mashup application at Fwicki.com are required to comply with the original feed owners terms of use before submitting the feed to the database at Fwicki.com. Any user of the mashup application at Fwicki.com who abuses a feed owners terms of service will be denied access to the application and will forfeit any monies paid to Fwicki.com. Any rss feed owner can request to have their feed removed from the database by contacting Fwicki.com at: http://www.fwicki.net/support/

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. Steps will be taken to report these abuses to the proper authorities whenever necessary. To report abuse please log-on to: http://www.fwicki.net/support/ Registering at Fwicki.com constitutes agreement and acceptance of this policy.

FWICKI SUPPORT COMMUNITY - PARTICIPATION POLICY (www.Fwicki.net)

Fwicki.com Support Community will not tolerate posts that contain profanity, pornography, obscenities, or inappropriate content. This includes but is not limited to: posts that contain 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 posting content that violate these guidelines; the user account will be permanently disabled and the posts removed. The user in violation will have their IP blocked and will no longer be able to access the Fwicki.com. web application or the support community. Steps will be taken to report these abuses to the proper authorities whenever necessary. To report abuse please log-on to: http://www.fwicki.net/support/ Registering at Fwicki.com or the Fwicki Support Community (http://www.Fwicki.net) constitutes agreement and acceptance of this policy.

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 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. 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. 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. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

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.