| Where the context
admits: "We" includes MyWebDoor, Inc or any party acting
on MyWebDoors implicit instructions. "You" includes the
person purchasing the services or any party acting on
the customer's instructions. "The Registrant" includes
the person applying for a domain name or any party
acting on the Registrant's instructions. "The Registry"
the relevant domain names Registry. "Server" means the
computer server equipment operated by us in connection
with the provision of the Services. "Web Site" means the
area on the Server allocated by us to you for use by you
as a site on the Internet. In consideration of the
mutual covenants herein, the parties agree to the
following, which shall apply during the term of this
agreement |
|
1. |
Web
Site Hosting And Email |
|
1.1 |
We make no
representation and give no warranty as to the accuracy
or quality of information received by any person via the
Server and we shall have no liability for any loss or
damage to any data stored on the Server. |
|
1.2 |
You shall
effect and maintain adequate insurance cover in respect
of any loss or damage to data stored on the Server. |
|
1.3 |
You
represent, undertake and warrant to us that you will use
the Web Site allocated to you only for lawful purposes.
In particular, you represent, warrant and undertake to
us that. |
|
1.3.1 |
You will
not use the Server in any manner which infringes any law
or regulation or which infringes the rights of any third
party, nor will you authorize or permit any other person
to do so. |
|
1.3.2 |
You will
not post, link to or transmit: |
| |
(a) |
any material which is
unlawful, threatening, abusive, malicious, defamatory,
obscene, blasphemous, profane or otherwise objectionable
in any way. |
| |
(b) |
any material containing
a virus or other hostile computer program. |
| |
(c) |
any material which
constitutes, or encourages the commission of, a criminal
offence or which infringes any patent, trade mark,
design right, copyright or any other intellectual
property right or similar rights of any person which may
subsist under the laws of any jurisdiction. |
|
1.3.3 |
You will
not send bulk email whether opt-in or otherwise from our
network. Nor will you promote a site hosted on our
network using bulk email. |
|
1.3.4 |
You will
not employ programs which consume excessive system
resources, including but not limited to processor cycles
and memory. |
|
1.4 |
We reserve
the right to remove any material which we deem
inappropriate from your web site without notice. We do
not host Warez or illegal MP3 content. |
|
1.5 |
You shall
keep secure any identification, password and other
confidential information relating to your account and
shall notify us immediately of any known or suspected
unauthorized use of your account or breach of security,
including loss, theft or unauthorized disclosure of your
password or other security information. |
|
1.6 |
You shall
observe the procedures which we may from time to time
prescribe and shall make no use of the Server which is
detrimental to our other customers. |
|
1.7 |
You shall
procure that all mail is sent in accordance with
applicable legislation (including data protection
legislation) and in a secure manner. |
|
1.8 |
In the case
of an individual User, you warrant that you are at least
18 years of age and if the User is a company, you
warrant that the Services will not be used by anyone
under the age of 18 years. |
|
1.9 |
Any access
to other networks connected to MyWebDoor must comply
with the rules appropriate for those other networks. |
|
1.10 |
While we
will use every reasonable endeavor to ensure the
integrity and security of the Server, we do not
guarantee that the Server will be free from unauthorized
users or hackers and we shall be under no liability for
non-receipt or misrouting of email or for any other
failure of email. |
| |
|
|
2 |
Resellers |
|
2.1 |
If you are
or become a reseller of our Services you will continue
to be bound by these terms and conditions, you will be
responsible for ensuring that your customers are bound
by terms and conditions that adequately reflect and give
effect to these. |
|
2.2 |
You shall
not incur or purport to incur on our behalf any
liability nor in any way pledge or purport to pledge our
credit or to make any contract binding on us. |
|
2.3 |
No default
by your customers shall in any way affect, modify or
limit your obligations under this Agreement. |
|
2.4 |
We
authorise you to sell our services under your own brand
for the direct use of your clients only. You may not
permit your clients to resell the services you provide. |
| |
|
|
3 |
Domain Name Registration |
|
3.1 |
We make no
representation that the domain name you wish to register
is capable of being registered by or for you or that it
will be registered in your name. You should therefore
not assume registration of your requested domain name(s)
until you have been notified that it has or they have
been registered. Any action taken by you before such
notification is at your risk. |
|
3.2 |
The
registration and use of your domain name is subject to
the terms and conditions of use applied by the relevant
naming authority; you shall ensure that you are aware of
those terms and conditions and that you comply with
them. You shall have no right to bring any claim against
us in respect of refusal to register a domain name. Any
administration charge paid by you to us shall be
non-refundable notwithstanding refusal by the naming
authority to register your desired name. |
|
3.3 |
We shall
have no liability in respect of the use by you of any
domain name; any dispute between you and any other
person must be resolved between the parties concerned in
such dispute. If any such dispute arises, we shall be
entitled, at our discretion and without giving any
reason, to withhold, suspend or cancel the domain name.
We shall also be entitled to make representations to the
relevant naming authority but will not be obliged to
take part in any such dispute. |
| |
|
|
4 |
Service Availability |
|
4.1 |
We shall
use our reasonable endeavors to make available to you at
all times the Server and the Services but we shall not,
in any event, be liable for interruptions of Service or
down-time of the Server. Our Service Level Agreements
cover Service Availability and Uptime policies. |
|
4.2 |
We shall
have the right to suspend the Services at any time and
for any reason, generally without notice, but if such
suspension lasts or is to last for more than 7 days you
will be notified of the reason. |
|
4.3 |
The
Services provided to you hereunder and your account with
us cannot be transferred or used by anyone other than
you. No more than one log-in session under any one
account may be used at any time by you. If you have
multiple accounts, you are limited to one login session
per system account at any time; user programs may be run
only during log-in sessions. If your account is found to
have been transferred to another party, or shows other
activity in breach of this sub clause, we shall have the
right to cancel the account and terminate the Services
and/or this Agreement immediately. |
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|
|
5 |
Payment |
|
5.1 |
All charges
payable by you for the Services shall be in accordance
with the scale of charges and rates published from time
to time by us on our web site and shall be due and
payable in advance of our service provision. We reserve
the right to change pricing at any time although all
pricing is guaranteed for the period of pre payment. |
|
5.2 |
Payment is
due each anniversary month or year following the date
the Services were established until closure notice is
given. If you choose to pay by credit or debit card you
authorize MyWebDoor to debit your account renewal fees
from your card. |
|
5.3 |
All
payments must be in US dollars. |
|
5.4 |
If your
check is returned by the bank as unpaid for any reason,
you will be liable for a "returned check" charge of
$30.00. |
|
5.5 |
Without
prejudice to our other rights and remedies under this
Agreement, if any sum payable is not paid on or before
the due date, we shall be entitled forthwith to suspend
the provision of Services to you. |
|
5.6 |
If an
account goes unpaid for at least seven days, a $15.00
late payment fee will be applied. |
|
5.7 |
If an
account goes unpaid for at least ten days, the account
and its associated services are suspended. A $25.00
charge will be applied upon account reactivation to
cover administration costs. |
|
5.8 |
Once an
account has a suspended status, Access to files,
databases and other content is explicitly denied. All
files, databases and other content including the account
itself is permanently deleted after ten days of account
suspension. |
|
5.9 |
Should
access to files, databases and other content be required
before they are deleted, account reactivation will be
required. |
| |
|
|
6 |
Termination |
|
6.1 |
If you fail
to pay any sums due to us as they fall due, we may
suspend the Services and/or terminate this Agreement
forthwith without notice to you. |
|
6.2 |
If you
break any of these terms and conditions we may suspend
the Services and/or terminate this Agreement forthwith
without notice to you. |
|
6.3 |
No refunds
will be made for Services suspended in accordance with
6.1 and 6.2. |
|
6.4 |
No refunds
will be made for unused pre paid Services. |
|
6.5 |
We reserve
the right to suspend the Services and/or terminate this
Agreement at any time. |
|
6.6 |
You may
cancel the Services at any time. |
|
6.7 |
You may be
entitled to a complete refund of all fees paid with the
exclusion of domain name registration, should You decide
to cancel the Services, as detailed under our Money Back
Guarantee Policy. You will not be entitled to a refund
on this basis if you have previously had an account with
MyWebDoor. It may be necessary to with hold refund under
the Money Back Guarantee Policy if the account has
utilised excessive resources, this is at the sole
discretion of MyWebDoor. |
|
6.8 |
Where
payment has been made by credit or debit card, any
refund will only be issued to the same credit or debit
card. |
|
6.9 |
On
termination of this Agreement or suspension of the
Services we shall be entitled immediately to block your
Web Site and to remove all data located on it. |
| |
|
|
7 |
Indemnity |
|
7.1 |
You shall
indemnify us and keep us indemnified and hold us
harmless from and against any breach by you of these
terms of business and any claim brought against us by a
third party resulting from the provision of Services by
us to you and your use of the Services and the Server
including, without limitation, all claims, actions,
proceedings, losses, liabilities, damages, costs,
expenses (including reasonable legal costs and
expenses), howsoever suffered or incurred by us in
consequences of your breach or non-observance of this
Agreement. |
| |
|
|
8 |
Limitation Of Liability |
|
8.1 |
All
conditions, terms, representations and warranties
relating to the Services supplied under this Agreement,
whether imposed by statute or operation of law or
otherwise, that are not expressly stated in these terms
and conditions including, without limitation, the
implied warranty of satisfactory quality and fitness for
a particular purpose are hereby excluded. |
|
8.2 |
Nothing in
these terms and conditions shall exclude our liability
for death or personal injury resulting from our
negligence. |
|
8.3 |
Our total
aggregate liability to you for any claim in contract,
tort, negligence or otherwise arising out of or in
connection with the provision of the Services shall be
limited to the charges paid by you in respect of the
Services which are the subject of any such claim. |
|
8.4 |
In any
event no claim shall be brought unless you have notified
us of the claim within one year of it arising. |
|
8.5 |
In no event
shall we be liable to you for any loss of business,
contracts, profits or anticipated savings or for any
other indirect or consequential or economic loss
whatsoever. |
| |
|
|
9 |
Revisions |
|
9.1 |
MyWebDoor
reserves the right to revise, amend, or modify these
Terms and Conditions, and any of our other policies and
agreements at any time and in any manner. |
| |
|
|
10 |
Notices |
|
10.1 |
Any notice
to be given by either party to the other may be sent by
either email, fax or certified delivery to the address
of the other party as appearing in this Agreement or
ancillary application forms or such other address as
such party may from time to time have communicated to
the other in writing, and if sent by email shall unless
the contrary is proved be deemed to be received on the
day it was sent or if sent by fax shall be deemed to be
served on receipt of an error free transmission report,
or if sent by certified delivery shall be deemed to be
served two days following the date of posting. |
| |
|
|
11 |
Law |
|
11.1 |
This
Agreement shall be governed by the law as represented in
the city of Rancho Cucamonga CA and the laws of the
United States. |
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|
|
12 |
Headings |
|
12.1 |
Headings
are included in this Agreement for convenience only and
shall not affect the construction or interpretation of
this Agreement. |
| |
|
|
13 |
Entire Agreement |
|
13.1 |
These terms
and conditions together with any documents expressly
referred to in them, contain the entire Agreement
between us relating to the subject matter covered and
supersede any previous Agreements, arrangements,
undertakings or proposals, written or oral: between us
in relation to such matters. No oral explanation or oral
information given by any party shall alter the
interpretation of these terms and conditions. In
agreeing to these terms and conditions, you have not
relied on any representation other than those expressly
stated in these terms and conditions and you agree that
you shall have no remedy in respect of any
misrepresentation which has not been made expressly in
this Agreement. |
