West Virginia End User Agreement for Online Service Provider with Disclaimer Regarding Hyperlinks

State:
Multi-State
Control #:
US-03607BG
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Word; 
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Description

In computing, a hyperlink (or link) is a reference to a document that the reader can directly follow, or that is followed automatically. A hyperlink points to a whole document or to a specific element within a document. Hypertext is text with hyperlinks. A hyperlink has an anchor, which is the location within a document from which the hyperlink can be followed; the document containing a hyperlink is known as its source document. The target of a hyperlink is the document, or location within a document, to which the hyperlink leads. Users can activate and follow the link when its anchor is shown, usually by touching or clicking on the anchor with a pointing device. Following the link has the effect of displaying its target, often with its context.


This form is an example of the type of agreement that would be entered into between a provider of online services and its subscribers/end-users. The agreement is drafted from the perspective of the service provider. If an agreement is required from the perspective of the end user, the following revisions, among others, should be considered: (i) a warranty regarding the availability of the Service, including a remedy (for example, a specified credit) in the event the availability requirement is not attained; (ii) a response time warranty specifying the performance of the service provider's system; (iii) an indemnity for intellectual property infringement committed by the service provider; (iv) restricting the service provider's ability to suspend or terminate the services under Section 4 by requiring the service provider to provide the end-user with notice and an opportunity to cure; and (v) deletion of the exclusive remedy in Section 10.

West Virginia End User Agreement for Online Service Provider with Disclaimer Regarding Hyperlinks is a legally binding contract that governs the relationship between the online service provider and the end user in West Virginia. This agreement ensures that users of the online service understand their rights and responsibilities, as well as the limitations and liabilities of the service provider. The West Virginia End User Agreement for Online Service Provider with Disclaimer Regarding Hyperlinks typically includes the following provisions: 1. Introduction: This section provides a brief overview and purpose of the agreement, highlighting the parties involved and the scope of services provided by the online service provider. 2. Acceptance of Terms: Users are required to explicitly accept the terms and conditions of the agreement, often by clicking a checkbox or button. By accepting, users acknowledge that they have read, understood, and agreed to adhere to the agreement. 3. Service Provider Obligations: This section outlines the obligations and responsibilities of the online service provider. It includes commitments to provide the agreed-upon services in a reliable and secure manner, handle user data responsibly, and ensure compliance with relevant laws and regulations. 4. User Obligations: Users are informed about their obligations when using the online service. This may include refraining from engaging in illegal activities, not infringing upon intellectual property rights, and respecting the privacy of others. 5. Limitations of Liability: The agreement includes a disclaimer regarding the service provider's liability for damages arising from the use or inability to use the service. It specifies that the service provider is not responsible for any direct, indirect, incidental, or consequential damages unless caused by their intentional misconduct. 6. Hyperlinks Disclaimer: This section clarifies that any hyperlinks provided within the online service are for convenience only and do not imply endorsement or responsibility for the linked content. It warns users that navigating external websites or resources accessed through hyperlinks is at their own risk and encourages them to review the terms of use and privacy policies of those linked sites. 7. Modification and Termination: The agreement may include provisions allowing the service provider to make changes to the terms or terminate the service. Users are typically notified of any significant updates, and their continued use of the service will be deemed as acceptance of such modifications. 8. Governing Law and Jurisdiction: This clause specifies that the agreement is governed by the laws of the state of West Virginia and any disputes will be resolved in the state's courts. Some specific types or variations of the West Virginia End User Agreement for Online Service Provider with Disclaimer Regarding Hyperlinks could include agreements tailored for different industries or service types, such as e-commerce platforms, social media networks, cloud service providers, or software-as-a-service providers. These agreements may contain additional provisions specific to the nature of the service provided.

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West Virginia End User Agreement for Online Service Provider with Disclaimer Regarding Hyperlinks