Terms of Service Table of contents:
General
Website Designer.Com (hereinafter “Website Designer”) offers Internet access
and related services, including the hosting of Web Sites, through its system to
its subscribers. Website Designer does not and cannot control the content,
quality or accuracy of information available through its system or over the
Internet in general. These Terms of Service (TOS) set forth the basic rules
which apply to Website Designer’s services and use of its system.
Website Designer may change these Terms of Service in the future upon notice
published on-line or otherwise provided by Website Designer. BY USING
WEBSITE DESIGNER's SERVICES AND SYSTEM, A SUBSCRIBER AGREES TO COMPLY WITH
AND TO BE LEGALLY BOUND BY THE TERMS OF SERVICE AS PUBLISHED ONLINE OR OTHERWISE
AVAILABLE FROM Website Designer FROM TIME TO TIME. If the Terms of Service,
Website Designer's services, system, or pricing is or becomes unacceptable to
a subscriber, the subscriber's only right shall be to terminate its account in
accordance with the Section labeled "Termination and Suspension" below.
Website Designer provides its services to subscriber subject to the following
TOS, which may be updated from time to time without notice. Subscriber should
periodically review the most current version of the TOS at http://www.websitedesigner.com/tos.htm.
By using Website Designer’s services, subscriber agrees to (and hereby signs)
the most current version of the TOS.
Lawful Use
Website Designer's system and services may only be used for lawful purposes
and in a manner which Website Designer believes, in its sole discretion, to
be consistent with the rights of other Website Designer subscribers and third
parties. While Website Designer is not responsible for the content of hosted
Web Sites, content on all Website Designer hosted Web Sites must comply with
all laws and must not infringe the rights of any third party.
Website Designer's services and system may only be used for lawful purposes
and consistent with all rights of other parties. Without limiting the foregoing,
Website Designer's services and system shall not be used in a manner which
would violate any law or infringe any copyright, trademark, trade secret, right
of publicity, privacy right or any other right of any person or entity or for
the purpose of transmitting or storing of material which is obscene, libelous or
defamatory. Use and access to other networks through Website Designer's
system must comply with the rules for such other networks.
Changes to Service
The services provided by Website Designer and Website Designer's system
are expected to change from time to time. Website Designer reserves the right
to change any service offered or the features of any service offered or its
system without notice, including changes to access and use procedures, such as
idle disconnections, and system hardware and software.
Payment Terms
A subscriber must pay fees per Website Designer's rate schedule in effect
from time to time as a condition to obtaining access to Website Designer's
services and system. A subscriber also must pay any sales, use or like taxes. If
the payment method is by credit or debit card and payment is not received by
Website Designer from the card issuer or its agents, the subscriber agrees to
pay all amounts due upon demand by Website Designer. Rate changes will be
effective when published on-line or otherwise provided to subscribers. Payment
terms of monthly fees are net 10 days. Payments not made within 30 days of
billing date are considered delinquent. Delinquent accounts are subject to
immediate suspension and/or termination without notice. Monthly/Annual charges will not
be pro-rated.
Termination and Suspension
Either subscriber or Website Designer may, at its sole discretion, terminate
the subscriber's account at any time with or without reason. Website Designer also may, at its sole discretion, suspend a subscriber's account at any time
with or without reason. Monthly charges and/or annual charges will not be
pro-rated. TERMINATION OR SUSPENSION DOES NOT RELEASE LIABILITY FOR CHARGES DUE.
Website Designer may delete all data, files or other information that is
stored in subscriber's account of hosted Web Site upon termination. Provisions
set forth below in the sections entitled "Software", "No Warranty; Limitation of
Liability" and "Indemnity" shall survive termination.
Software
As a courtesy to subscribers, Website Designer has accumulated a library of
software which is "shareware" or "freeware". Website Designer
is not the author of or otherwise responsible for any of such software or
engaged in the sale or licensing of such software. WEBSITE DESIGNER MAKES NO
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO FREEWARE OR
SHAREWARE AVAILABLE TO SUBSCRIBERS. WEBSITE DESIGNER ACCEPTS NO LIABILITY OF ANY
KIND WITH RESPECT TO SUCH SOFTWARE OR ANY DAMAGES RESULTING FROM USE THEREOF.
SUBSCRIBER AND ANY OTHER USER ASSUMES ALL RISK OF ALL KINDS WITH RESPECT TO SUCH
SOFTWARE. SUBSCRIBER AND NOT WEBSITE DESIGNER MUST PAY ALL SHAREWARE LICENSE
FEES. NO SUBSCRIBER OR USER WILL ASSERT ANY CLAIM AGAINST WEBSITE DESIGNER WITH RESPECT TO ANY SHAREWARE OR FREEWARE OBTAINED THROUGH
WEBSITE DESIGNER.
No Warranty; Limitation of Liability
USE OF WEBSITE DESIGNER'S SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS
AT USER'S SOLE RISK. WEBSITE DESIGNER DOES NOT WARRANT THAT ITS SERVICES AND
SYSTEM WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM UNAUTHORIZED INTRUSION, OR
THAT WEBSITE DESIGNER SERVICES OR SYSTEM WILL MEET ANY PARTICULAR CRITERIA
OF PERFORMANCE OR QUALITY; NOR DOES WEBSITE DESIGNER MAKE ANY WARRANTY AS TO
THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE
INTERNET IN GENERAL. WEBSITE DESIGNER'S SERVICES AND SYSTEM ARE PROVIDED ON
AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY, ALL OF WHICH
WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY
CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL
WEBSITE DESIGNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. WITHOUT
LIMITING THE FOREGOING, WEBSITE DESIGNER WILL NOT BE LIABLE FOR DAMAGES
RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF
WEBSITE DESIGNER'S SYSTEM OR SERVICES, RELIANCE BY ANY PERSON ON INFORMATION
OBTAINED THROUGH WEBSITE DESIGNER'S SERVICE OR THE INTERNET, DELETION OR LOSS
OF FILES OR E-MAIL, VIRUSES, ANY DELAY OR FAILURE OF PERFORMANCE, OR
UNAUTHORIZED ACCESS TO RECORDS OR FILES. THE MAXIMUM LIABILITY OF
WEBSITE DESIGNER TO ANY SUBSCRIBER OR USER FOR ANY AND ALL LOSS, CLAIM,
DAMAGE OR LIABILITY CF ANY KIND, INCLUDING DUE TO WEBSITE DESIGNER'S
NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER OR USER TO
WEBSITE DESIGNER DURING THE SIX MONTH PERIOD PRECEDING THE CLAIM. SOME
JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR
LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO EVERY
SUBSCRIBER.
Indemnity
The subscriber agrees to indemnify and hold harmless Website Designer, its
directors, officers, shareholders, agents, employees and its other subscribers
from any and all claims, liabilities, damages, or expenses, including attorney
fees, arising out of or resulting from any and all use of subscriber's account
or the subscriber's Web Site whether or not authorized.
Non-Transferability
Subscriber's account and right to use Website Designer's services and system
is not transferable without Website Designer's consent. Subscriber agrees to
protect its password and account and to keep them secure from unauthorized users
and use.
Confidentiality
Website Designer treats E-mail messages as private. Exceptions are those
permitted by law, including under the Electronic Communications Privacy Act of
1986 (the "ECPA"). The ECPA permits Website Designer limited ability to
intercept and/or disclose electronic messages, including, for example (i) as
necessary to operate the system or protect Website Designer's rights or
property, (ii) upon legal demand (court orders, warrants, subpoenas) or (iii)
where Website Designer receives information inadvertently which appears to
pertain to the commission of a crime. Users should be aware that electronic
messages may be intercepted lawfully or unlawfully outside of
Website Designer's system. In addition, although Website Designer has
implemented certain security measures, Website Designer cannot guaranty that
its system or stored data of a subscriber will be free from unauthorized
intrusion or otherwise guaranty the privacy of information of any user.
Interpretation
These Terms of Service supersede all other written and oral communications or
agreements with regard to the subject matter. A waiver or modification of these
Terms of Service shall only be effective if in a writing signed by an authorized
officer of Website Designer. These Terms of Service shall be governed by and
interpreted in accordance with the laws of the State of Rhode Island without
regard to choice of law principles. If any provision of these terms and
conditions is found to be unenforceable or invalid, the remaining provisions
shall be enforceable and valid to the greatest extent permitted by law.
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