Terms of Services Agreement
These General Terms and Conditions are incorporated into and expressly made part of all contracts between WW Web Design Studios, and its clients. The terms "Developer," "Host," or "Developer/Host" as used herein shall refer to WW Web Design Studios, and the term "Client" or "Customer" shall refer to the person or entity with whom WW Web Design Studios has entered into a Web Site Development and Hosting Agreement or similar agreement ("Agreement"). This Web Hosting Agreement is between WW Web Design Studios and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.
Section 1: Website Design Terms
1.1 Payment. On all new projects, Client shall pay Developer in accordance with the Agreement. The site will not be transferred as described below in section 1.2.4 until all sums due under the Agreement have been paid by Client.
1.2 Development. Upon the parties' execution of an Agreement, Developer shall commence tasks associated with the development of the web site as detailed below in this Section 1.2. Developer shall use such combinations of technology as Developer, in consultation with the Client, deems appropriate to develop the web site.
1.2.1 Mock-up. After payment of the Initial Deposit in accordance with the Agreement, Developer shall begin work on the Mock-up of the site. Upon delivery to the Client of the Mock-up of the site, Client shall have 30 days to request changes to the Mock-up. Changes to the Mock-up shall be requested in writing. Upon completion of the changes timely requested or upon prior acceptance of the Mock-up by the Client, Developer shall begin work on the Preview of the site. Any changes to the Mock-up requested more than 30 days after delivery and any changes requested after acceptance of the Mock-up shall be considered additional services not within the scope of the Agreement and shall therefore be subject to the Change Order provisions described below in Paragraph 1.2.4, including applicable additional charges.
1.2.2 Preview. Upon delivery to the Client of the Preview of the site, the Client shall have 30 days to request changes to the non-graphical elements of the Preview. Changes to the Preview shall be requested in writing. Upon completion of the changes timely requested or upon prior acceptance of the Preview by the Client, final payment of all sums payable under the Agreement shall be due and payable. Any changes to the Preview requested more than 30 days after delivery of the Preview, changes to graphical elements of the Preview, and any changes requested after acceptance of the Preview shall be considered additional services not within the scope of the Agreement and shall therefore be subject to the Change Order provisions described below in Paragraph 1.2.4, including applicable additional charges.
1.2.3 Launch. Upon acceptance of the web site and payment of all fees due to Developer under the parties' Agreement Developer shall transfer the project and any supporting documents to (a) a hosting facility of the client’s choosing, (b) to a live production web server managed by WW Web Design Studios or, (c) directly to client. Within 10 days after the transfer of the site, the client may submit one written request for changes to the textual elements of the site. Changes requested more than 10 days after the transfer of the site, changes to graphical elements of the site, changes in programming or functionality, and changes requested after the first written request for changes shall be considered additional services not within the scope of the Agreement and shall therefore be subject to the Change Order provisions described below in Paragraph 1.2.4, including applicable additional charges.
1.2.4 Change Orders. Changes beyond the scope of the Agreement (“Change Orders”) shall be subject to additional fees. Change Orders shall be submitted in writing and include a detailed description of the requested changes. Developer shall then evaluate the Change Order and submit to Client for its written acceptance a proposal for undertaking the applicable tasks and a price quote reflecting all fees associated with Client's Change Order. Client shall have thirty (30) days from receipt of such proposal to accept or reject Developer's proposal in writing. If Client accepts Developer's proposal to undertake the work necessitated by the Change Order, Developer shall proceed to implement such revisions. Developer shall have the discretion, but not the duty, to negotiate changes orally or in a manner different from that specified above if Developer believes it necessary or appropriate to do so due to time constraints or other factors and such forbearance shall not be construed as a waiver of any rights or procedures herein. All charges for Change Orders will become due at the completion of the work subject to the Change Order, and must be paid in full prior to the Developer continuing development of the site.
Section 2: Website Hosting Terms
2.1 Availability of Web Site. Unless otherwise agreed, those web sites hosted by Developer/Host shall be accessible to third parties via the World Wide Web twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance, upgrades and required repairs, and except for any loss or interruption of Hosting Services due to causes beyond the control of Host or which are not reasonably foreseeable by Host, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures.
2.2 Customer Responsbilities. All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or remove unecessary emails and/or files being stored. If customers continue to go over we will do everything possible to fix the problem. We do hold to right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.
2.3 Additional Hard Drive Space For Hosting. In the event that the web site requires additional storage which exceeds the amount of storage included in the Hosting Services, Client may, upon written notice to Host, request that Host (a) upgrade the level of Hosting Services (b) remove files on hosting account to lower their limit. Host shall review all such requests and determine, in consultation with Client, the appropriate hosting upgrade and additioanl fees necessary.
Section 3: Payments
3.1 Renewal Notices. Renewal notices are emailed three days before the actual renew date in your account. If your using a credit card you will not have to worry about manuel payments. All accounts are set up on a pre-pay basis. If payment is not received within 7 days a $5 fee will be added. WW Web Design Studios reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notifie WW Web Design Studios to request for termination of services. Although we are based in the UK our websites currency is USD. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless cancelled before hand. There is no fee for cancelled accounts that have been paid for yearly. If you cancell an account on the monthly billing cycle WW Web Design Studios can not refund any payments made before.
3.2 Annual Payments. All annual payments are non refundable once the 30 day money back guarantee has passed. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.
3.3 Late Payments. Client shall pay to Developer/Host all applicable fees within thirty (10) days of the date of invoice. If Client fails to pay any fees within thirty (10) days of the date of invoice, where applicable, late charges of the lesser of ten percent (10%) per month or the maximum allowable under applicable law shall also become payable by Client to Developer/Host. In addition, failure of Client to fully pay any fees within thirty (30) days of the date of invoice shall be deemed a material breach of this Agreement, justifying suspension of the performance of the Services by Developer/Host, and will be sufficient cause for immediate termination of the Agreement at the discretion of Developer/Host. Any such suspension does not relieve Client from paying past dues fees plus interest and in event of collection enforcement, Client shall be liable for any costs associated with such collection, including, but not limited to, legal costs, attorneys' fees, court costs, and collections agency fees.
Section4: Cancellation and Early Termination of Management
4.1 Termination/Cancellation. Upon any termination or expiration of the parties' Agreement, Client shall pay all unpaid and outstanding fees through the effective date of termination or expiration of the Agreement. Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term. Any cancellation of service requires a minimum of a (7) day period prior to being due along with a cancellation request located in the client(s) portal area.
4.1.1 Domain Names Termination Policy. If domain names have been purchased by the client through our client portal system and all unpaid and outstanding fees have been paid, the client will have 7 days to create an account at our registrar (Namecheap.com) for transfer of their domains into their own account where after they will have complete control to transfer to any registrar thereafter. A termination request must be received in writing through email to our company or by our support portal and once received the Developer/Host will be released from any responsibilities from managing renewals and any services related to the domain(s). Failure to comply within 7 days will result in termination of account and non-renewal of any domain names or privacy subscriptions if they come due after termination date. If failure to comply within 7 days, the Developer/Host will not be responsible for loss of domain name registrations and/or any loss or damages from non-renewal of accounts.
4.1.2 Hosting Account Termination Policy. If client is hosted on our servers where termination occurs and all unpaid and outstanding fees have been paid, the Developer/Host will provide a full backup where as the client can purchase hosting at any third-party provider and restore on their own website(s) through a cPanel Hosting account. This backup will be sent via Email, DropBox, or picked up from our office on a flash drive. A termination request must be received in writing through our client portal system in which a cancellation request will be created by the client prior to (7) days before billing is due. Once received the Developer/Host will be released from any responsibilities from website functionality, future bugs and managing hosting services. The Client will have (7) days to comply with receiving their Backup and transferring to their new hosting service before final removal from our server. If failure to comply within (7) days, the Developer/Host will not be responsible for loss of files from website and/or any loss or damages from non-visibility online from not having a hosting account.
4.1.3 Call Metrics Account Termination Policy. If client has a call metrics account through our reseller account and all unpaid and outstanding fees have been paid, the client will have 7 days to create their own account at (CallRail.com) where we will request the transfer of their phone numbers and account information to their own account. Client will be responsible for payment of fees to Callrail.com thereafter. A termination request must be received in writing through email to our company or by our support portal and once received the Developer/Host will be released from any responsibilities from managing the call metrics phone number(s) and proper placement of any phone number(s) on any ads or any website(s) related to these phone numbers. Failure to comply within 7 days will result in cancellation of their account and loss of phone numbers and call metrics data. If failure to comply within 7 days the Developer/Host will not be responsible for loss of phone numbers and/or any loss or damages from removal of account.
4.1.4 Failure to Complete Cancellation Request. If client has failed to comply with our cancellation request policy, regular billing will occur on the account without interruption. Client also will be aware any billing or costs incurred will be the responsibility of the client and assume all liability of these charges.
4.2.0 Cancellation Request Instructions. Steps for cancellation are as follows: (1) Log into your client portal using your email as your username and if you don't have the password, please initiate a password reset. (2) Navigate to the top where you will see Services in which you will need to click through. (3) Navigate to the table and find the service in which you would like to cancel by clicking on the row. (4) Navigate to the left sidebar area labeled Actions where you will find an option saying Request Cancellation. (5) On the next page please enter any comments about the cancellation, and choose to make it immediate or to have it cancelled on the next billing date.
Client Portal: https://shop.wwwebdesignstudios.com/login
Section 5: Server Abuse
Any attempt to undermine or cause harm to a server or customer of WW Web Design Studios is strictly prohibited.
WW Web Design Studios will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include 'Internet scamming' (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to WW Web Design Studios, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - WW Web Design Studios has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by WW Web Design Studios to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Section 6: Disk Space Abuse
WW Web Design Studios will be the sole arbiter as to what constitutes a violation of this provision. You are reponsable for monitoring your disk space usage. If you need extra disk space contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your WW Web Design Studios client account.
Section 6: Bandwidth Abuse
The intention of WW Web Design Studios is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
Traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. WW Web Design Studios will be the sole arbiter as to what constitutes a violation of this provision.
Section 7: AUP
Customers agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. Customers agree that WW Web Design Studios hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of WW Web Design Studios notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with WW Web Design Studios reasonable investigation of any suspected violation of the AUP. In the event of a dispute between WW Web Design Studios and Customer regarding the interpretation of the AUP, WW Web Design Studios commercially reasonable interpretation of the AUP shall govern.
Section 8: Customer Information
Customer represents and warrants to WW Web Design Studios that the information he, she or it has provided and will provide to WW Web Design Studios for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to WW Web Design Studios that he or she is at least 18 years of age. WW Web Design Studios may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
Section 9: UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements ('SPAM') are not allowed in e-mail, and will likely result in account cancelation. WW Web Design Studios takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ('mail bombing'); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE - If YOU use the services of another provider to promote a website hosted by or through WW Web Design Studios ('spamvertising'), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
Section 10: 99.99% UPTIME GUARANTEE
(1.) COVERAGE - This 99.99% uptime guarantee applies to any Customer in good financial standing with WW Web Design Studios at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT ('SLA') & SPECIFICATIONS - WW Web Design Studios endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime ('unavailability') is defined as 100% packet loss from WW Web Design Studios to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via WW Web Design Studios's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the WW Web Design Studios NOC.
WW Web Design Studios's administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the WW Web Design Studios network.
(3a.) SHARED HOSTING CREDITS - In the event that YOUR website is unavailable for less than 100%, WW Web Design Studios will credit the following month's service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
- 95% to 99.9% - YOUR account will be credited 10% of your monthly hosting fee
- 90% to 94.9% - YOUR account will be credited 20% of your monthly hosting fee
- 89.9% or below - YOUR account will be credited 50% of your monthly hosting fee (3b.)
Credit shall not be provided to YOU in the event that you have any outage resulting from:
- scheduled maintenance as posted from time to time at WW Web Design Studios,
- your behavior or the performance or failure of your equipment, facilities or applications,
- circumstances beyond WW Web Design Studios's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
- YOU breaking any agreement policy in WW Web Design Studios's 'Terms & Conditions and AUP' causing a machine to fail as a result.
Section 11: TECHNICAL SUPPORT BOUNDARIES
WW Web Design Studios provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.
Unlike many hosting companies We do our best to help with scripts, templates and programing languages. However, under no circumstances is WW Web Design Studios obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously.
Section 12: CGI SCRIPTS
Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice.
Section 13: Indemnification
Customer agrees to indemnify and hold harmless WW Web Design Studios, WW Web Design Studios's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS WW Web Design Studios AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH WW Web Design Studios'S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM WW Web Design Studios'S SERVER.
Section 14: Disclaimer of Warranties
WW Web Design Studios does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law WW Web Design Studios disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis.
Section 15: Limitation of Damages
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of WW Web Design Studios and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.
Section 16: Suspension of Services/Termination
Customer agrees that WW Web Design Studios may suspend services to Customer without notice and without liability if: (i) WW Web Design Studios reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) WW Web Design Studios reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay WW Web Design Studios reasonable reinstatement fee if service is WW Web Design Studios following a suspension of service under this subsection.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if WW Web Design Studios fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by WW Web Design Studios prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from WW Web Design Studios describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.
Section 17: Request For Customer Information
Customer agrees that WW Web Design Studios may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that WW Web Design Studios believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Section 18: Back Up Copy
Customer agrees to maintain a current copy of all content hosted by WW Web Design Studios not with standing any agreement by WW Web Design Studios to provide back up services.
Section 19: Request For Restore Of Hosting Package
During any service term, customer may request up to one free restore for any reason of choice. If a customer should need to request a restore after this a $5 one time fee will be enforced.
Section 20: Changes To WW Web Design Studios's Network
Upgrades and other changes in WW Web Design Studios's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. WW Web Design Studios reserves the right to change its network in its commercially reasonable discretion, and WW Web Design Studios shall not be liable for any resulting harm to Customer.
Section 21: Notices
Notices to WW Web Design Studios under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
Section 22: Force Majored
WW Web Design Studios shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond WW Web Design Studios's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Section 23: Governing/Law Disputes
The Agreement shall be governed by the laws of the State of Virginia, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
Section 24: Miscellaneous
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on WW Web Design Studios unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without WW Web Design Studios's prior written consent. WW Web Design Studios's approval for assignment is contingent on the assignee meeting WW Web Design Studios's credit approval criteria. WW Web Design Studios may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
Section 25: Copyright Files
All files stored on WW Web Design Studios's servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.
Section 26: CANCELATION OF SERVICE
WW Web Design Studios reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by WW Web Design Studios if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to YOU.
Section 27: PROMOTIONAL RATES & SPECIAL OFFERS
WW Web Design Studios may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not effect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
We have various special promotions that include a domain name. The cost of this domain name is usually covered by the first month�۪s payment. As a result of this our promotions are not refundable and are not covered by our 30-day money back guarantee.
Section 28: INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through WW Web Design Studios's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use WW Web Design Studios or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the WW Web Design Studios network. If YOU use a domain name in connection with WW Web Design Studios or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Section 29: NETWORK SECURITY
Customers may not use the WW Web Design Studios network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. WW Web Design Studios will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Section 30: ELECTRONIC COMMERCE
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
Section 31: STATIC & DYNAMIC CONTENT CACHING
(i) grant to WW Web Design Studios a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by WW Web Design Studios under this Agreement and
(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party's intellectual property rights.
Section 32: IP ADDRESS OWNERSHIP
WW Web Design Studios shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by WW Web Design Studios. WW Web Design Studios reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Section 33: DOMAIN NAME REGISTRATION
YOU agree to pay WW Web Design Studios prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the WW Web Design Studios price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. WW Web Design Studios reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from WW Web Design Studios to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by WW Web Design Studios) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to WW Web Design Studios as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. WW Web Design Studios will reinstate YOUR domain name registration solely at WW Web Design Studios's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain registrar to WW Web Design Studios
YOU agree to pay WW Web Design Studios prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the WW Web Design Studios price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status
- Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
WW Web Design Studios reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from WW Web Design Studios to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by WW Web Design Studios) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to WW Web Design Studios as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. WW Web Design Studios will reinstate YOUR domain name registration solely at WW Web Design Studios discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain away from WW Web Design Studios
WW Web Design Studios reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
- Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and WW Web Design Studios will not be held liable for the failure of a domain name transfer for any reason.
Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.
Section 34: LAWFUL PURPOSE
WW Web Design Studios reserves the right to refuse service to anyone. YOU may only use WW Web Design Studios server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: 'Pirated Warez', OGG, AVI, MPEG, ISO, 'Hacker programs or archives', 'Copyrighted Digital Movie Copies (DIVX)' and 'Unlicensed MP3'. The designation of any materials as such described above is left entirely to the discretion of WW Web Design Studios management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that WW Web Design Studios may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Hollywood, Florida, and any dispute will be litigated or arbitrated in Hollywood, Florida. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. IN NO EVENT SHALL WW Web Design Studios'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
Section 35: PRIVACY STATEMENT
WW Web Design Studios follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.