Terms
1800myweb desire is to delight the client. One way is to make clear our understandings with each other.
BY SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY 1800MYWEB.COM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS & CONDITIONS SUPERSEDE ALL EARLIER VERSIONS. The terms “we”, “us” or “our” shall refer to 1800myweb. The terms “you” and “your” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits, except where specifically granted herein.
Please read these terms and conditions carefully, as they describe your legal rights and obligations. This agreement shall become effective as of the date of (1) your electronic signature on or acceptance of this agreement , (2) the activation of your account (3) at the point that you pay your deposit or make any payments to 1800myweb or (4) your receipt of an e-mail from 1800myweb confirming your order, whichever happens first.
Any of these listed method (numbered 1 -4 above) firmly mean that you have agreed to this Terms of Agreement and it signifies that you have also read, understand, acknowledge and agree to be bound by 1800myweb Terms and Agreement, which is incorporated herein by reference.
THIS AGREEMENT, UNLESS OTHERWISE PROVIDED, IS EFFECTIVE AT THE POINT OF YOUR DEPOSIT AND IS AUTOMATICALLY RENEWABLE FOR SUCCESSIVE TERMS. EITHER YOU OR 1800MYWEB MAY TERMINATE THIS AGREEMENT (AND YOUR ACCESS TO YOUR ACCOUNT) AT ANY TIME WITH 30 DAYS NOTICE, OR 1800MYWEB MAY TERMINATE THIS AGREEMENT OR SUSPEND YOUR ACCOUNT WITH NO NOTICE FOR A BREACH OF THIS AGREEMENT. ANY AND ALL OUTSTANDING FEES (INCLUDING WITHOUT LIMITATION THOSE THAT MAY BE OWED UNDER AN EXTENDED TERM PACKAGE) SHALL BE DUE AND PAYABLE UPON TERMINATION, ALL AS MORE FULLY DESCRIBED IN SECTION 6 AND 10.
These are the terms of our agreement together:
1. Authorization.
The above-named client is engaging 1800myweb as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on the client's web space on our web hosting service's computer or another of the client’s choosing. The client hereby authorizes 1800myweb to access this account, and authorizes the web hosting service to provide 1800myweb with "write permission" for the client's web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes 1800myweb to publicize their completed website to Web search engines, as well as other Web directories and indexes. 1800myweb includes the following elements in their Standard CMS HOSTED-VERSION Website Packages:
a. E-mail Accounts.
b. Words of text supplied by the client (200 words per page approximate maximum if not supplied via diskette or email.)
c. Links to external pages, according to package purchased.
d. Photos and other misc. graphic images supplied by client (up to an average of 3 included per page in standard websites) 1800myweb has graphic images on file that the client may include on their web site at no additional cost. If 1800myweb uses any of its stock photos in the website design process, the ownership of the images does not transfer to the client. The client will only own images they send to 1800myweb.com and will ensure that they do not violate any copyright laws.
e. Minor updates and changes to existing web pages for customer who host their site with us as long as it is within their purchased plan. This minor update and changes ONLY applies to customer with a HTML ONLY website plan. This only affect orders made prior to January 1, 2009. This does include any MINOR modifications and tweaking to work out backend database bugs and functionality, insertion/removal of text and images. This does not include adding features past the scope of this project outlined in Planning Worksheet or Official QUOTE sent to clients by 1800myweb. For orders after January 1, 2009, the order will be done according to invoice paid by client to 1800myweb. If a feature is not stated in the invoice emailed to the client, then it is NOT included in the work order or final design of website. Orders placed after January 1, 2009 will include an administration panel for the customer to be able to maintain their own website changes and updates. Once the client approves the site and it's launched at their domain name, no additional updates will be allowed for free.
For client's not hosting with us: Once the client approves the site and it's launched at their domain name, no additional updates will be allowed for free.
f. KeyPhrase Optimization & Meta Tag Generation will be set up on all static pages on a one-time basis, if the client submits the key words and description by email. 1800myweb will, however, submit the URL of all client site to Yahoo, Google and MSN at no additional cost.
2a. ALL Website Design Services.
The content (text and graphics) of the web pages will be supplied by the client and executed as specified by the client in the "Website Planning Worksheet or Official QUOTE or INVOICE sent to client by1800myweb" . The Client has chosen and agreed to pay for the plan chosen as noted on the official invoice or quotation sent. A deposit is required before any work begins. Where custom graphic work (beyond the scope of the "Custom Graphics Package" detailed above) is requested, it will be billed at the hourly rate or the Client may upgrade to another plan and pay the additional cost associated with the upgrade.
Within the eCommerce Packages, each item is counted by the amount of different prices to be entered within the database. Cost of plan chosen WILL NOT vary as long as the Client stays within the perimeter of the original chosen plan. Please note that normal page length will not exceed 11 x 14 without additional cost. All hosted Versions of 1800myweb Content Management System Websites are properties of 1800myweb. Upon ending the terms of the hosted period, clients may reinstate their hosting plan to continue with the hosting services of 1800myweb.
Please note that 1800myweb brands all websites designed by 1800myweb.com. The branding of the site will remain unless an additional fee is paid of US$350.00. Unauthorized removal or changes made to color of 1800myweb's branding so that is not visible to the public, will result in automatic suspension of your hosting plan, and you will have to pay US$350 before the service is restored. In addition, you will not receive any files, email service or use of your domain during the suspension period. Please note that Website Design cost will reflect 1800myweb website design services, in the setting up of the website, and NOT the ownership price nor the transfer of ownership rights of the website, in any part, including source codes or administration panel (see ownership clause below).
2b. LIMITATIONS
Reasonable Expectations. We strive toward providing Services that meet your expectations. However, we do not guarantee expectations will be met if requests are unreasonable or unable to be completed within the scope of the Service.
Your Delay. Our completion of the Services depends upon your timely feedback and approval in the Client Support Ticket area within your account. We are not responsible for additional fees, time, or expenses incurred because of delays caused by your lack of or untimely response, feedback or approval, including your failure to initiate the design process.
Limits on Content. We reserve the right to refuse any direction to create a Design that exploits children, contains pornography or other tasteless images, contains copyrighted or trademarked materials of others or infringes on the intellectual property rights of another, harasses, defames or slanders another, or for any other reason that we, in our sole discretion, decide.
No Obligation to Back-Up. We have the right, but not the obligation, to back up or archive your Design before delivery or in the event of cancellation.
Limitations on Design Services. The following services are not included in any of the initial Design plans, but may be purchased separately as Updates: (i) any revisions beyond the revisions included in your applicable Design plan; (ii) illustration or custom graphics, such as category graphics; and (iii) photo manipulation services, such as cutting the image out from the background, adding shadows, cleaning up the image from dust and scratches, making images a uniform size, and adjusting levels/brightness to match. The following photo manipulation services are not available, even as Updates: Color correction or making a low-resolution image a higher resolution.
Integration with Hosting Platform. Websites (1800CMS) and Web Stores (1800Commerce) designed by us are built on and integrated with our hosting platform, and any attempt to migrate or otherwise transfer any such website (1800CMS) or web store (1800Commerce) to another hosting provider is a violation of this Agreement.
No Endorsement. We do not endorse any of the Designs built using the Services, and expressly disclaim any and all liability or responsibility regarding the same.
Security of Account. You are responsible for maintaining the security of your account. You are also solely responsible for the activity that occurs on your account, whether authorized by you or not. You must keep your account information and passwords secure. We expressly disclaim any responsibility or liability for any unauthorized use of or access to your account.
3. Maintenance and Hourly Rate: Selected Accounts HTML ONLY with no admin panel.
This agreement includes minor web page maintenance to regular web pages for customers, of selected packages (HTML ONLY), that are hosting with 1800myweb. It does not include removing nearly all the text from a page and replacing it with new text. The update period commences upon the date the client's web site is officially published to the web and all monies paid. Once the client’s site has been published to their domain name, design work will incur an additional cost, however customers may use their FREE update hours towards maintenance at no additional cost. The updates will be completed within 24 - 48 hours unless otherwise indicated to the Client. All update requests MUST be submitted by email in the exact wording to be added to the site. Images to be replaced MUST be submitted in its final format as a .jpg file. 1800myweb will not change any text or images for customer that are under our 1800CMS or 1800Commerce systems, without client incurring additional charges. Customers not hosting with us will not receive any free updates. Effective, January 1, 2009, update management services will be billed at $10/hour, given that all customers will have an administration panel to be able to manage their own website, at no additional cost.
4. Changes to Submitted Text.
Please send us your final text. You are fully responsible for submitting all the text information for your website. We will not reword any of your text submitted. If you require our service of rewording or originating the text for your website, please notify us.
5. Completion Date.
1800myweb and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website within the time frame noted, in your invoice-agreement, from the point of receiving ALL information (complete text and graphic content) and payments for this website project. This project completion date is affected by the date the initial deposit is received, as well as 1800myweb receipt of complete text and graphic content from the client. The completion date counting will begin after 1800myweb has received ALL information (complete text and graphic content) and payments for this website project. If the client does not supply 1800myweb complete text and graphics content all web pages contracted for within four weeks of the date this contract was signed, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within six weeks after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is published. If the client has not supplied needed information within 6 months after the initial deposit, for the completion of the website 1800myweb reserves the right to cancel the account and permanently delete all website files from the server. The client will not receive a refund of any deposit paid, and would have to enter into a new agreement to build a new website.
1800myweb is not responsible for any delays in the website design process, hosting services or email services due to reasons beyond their control such as power outages and internet service interruption issues. Since 1800myweb uses local utility companies for it's electricity, internet and phone service, there may be occasions that we may experience service interruptions, from the utility companies, for any given reason. 1800myweb will not be responsible for delay that occurs due interruption in their services provided by various utility companies and will not issue any refunds due to these delays. The customer will not be entitled to a refund nor speedy service for delays that occur due to reasons beyond the control of 1800myweb, such as power, telephone or internet interruption issues. In addition, the time period that the client takes to respond to requests by1800myweb will not be considered to be a part of the period estimated to complete the website design process, since this is reasons beyond the control of 1800myweb. The completion date given are ESTIMATES and not EXACT dates. 1800myweb, however, will work in a timely manner to try to achieve the estimated completion dates given for not only milestones such as Framework Design, but also for FINAL Design Completion dates. 1800myweb will not be responsible nor issue any refund if the completion day lengths due to reasons beyond our control.
5b. YOUR OBLIGATIONS
Reasonable Requests. You agree that all requests will be reasonable in nature and within the scope of the Services purchased.
Obligation to Maintain Subscription. All Services, including any free products or services included in your plan, must be associated with a specific website (1800CMS) or web store (1800Commerce) at the time of purchase and are not transferable to other accounts, websites or web stores thereafter. Provision of all Services, including any free products or services included in your plan, is dependent upon your active subscription to the Services. Failure to maintain your account in good standing will result in termination of any outstanding or pending Services, including any free products or services included in your plan, without refund or credit. Recurring billing for your Services plan will begin on the date of purchase.
Provision and Timing of Design Services. After your initial purchase of a Website (1800CMS) or Web Store (1800Commerce) Design plan, you will be required to (i) complete an interview form, and (ii) submit your content in the Client Area of our Billing System. Upon completion of the interview form, we will create an optional “Coming Soon” page for your site, which is available on all plans. Upon receipt of all of your content, we will begin building your Website (1800CMS) or Web Store (1800Commerce).
Submission of Content. You are responsible for submitting all copy, images, and other content for your Design. All provided content should be copies and not the originals. You agree to respond to any request for content, feedback or approval within ten (10) days. All content must be submitted electronically and we will not return any materials you provide. Arrangements may be made for the delivery of files that are too large to be transmitted electronically, but additional fees may apply and the quoted completion date may be extended. We may in our sole discretion, require you to re-submit images if we determine that the images are not of high enough quality. We will not begin work on your Design until all requested materials and assurances of rights have been received from you. It is your responsibility to maintain independent back-up copies of any materials you submit. We expressly disclaim any liability or responsibility for any loss, damage or destruction of any content or materials you submit.
Automatic Publication. Within ten (10) days of receiving notice that your Website (1800CMS) or Web Store (1800Commerce) is ready for review, you must either (i) provide us with your revisions, or (ii) notify us that you have no revisions. If you fail to take either such action within ten (10) days, your Website (1800CMS) or Web Store (1800Commerce) will be published on your behalf without further review. Any time after publication, you may elect to de-publish your site by changing to the “Coming Soon” page option.
Completion of Service. Publication of your Design is acknowledgement of your satisfaction with the Services provided to date and releases us from any obligation for further revisions or alterations at that time or until the next month of maintenance or purchased Updates are initiated. You also acknowledge and agree that once your Design is published, you will not be entitled to any credits or refunds for any reason including, but not limited to, dissatisfaction with your Design.
Cancellation Policy. Failure to complete the interview form or submit content for your initial Design within six (6) months of purchasing your plan may result in the cancellation of your Service. See Refund Policy below 11.a1.5.
Failure to provide any other requested content, feedback or approval within thirty (30) days of our request also may result in cancellation of your Service. If we have commenced work on your Design (which means any commencement of the creative process), you may be eligible for a refund of the fees associated with the remaining time on your plan (See Refund Policy below 11.a1.5), but you will be charged for the work completed to date, plus a cancellation fee at the following rates:
1800CMS Plans - US$150.00
1800Commerce Plans - US$300.00
Update Services – Fees paid are non-refundable
Any unfinished Designs at the time of cancellation may be archived and may require additional activation fees to recover.
6. Payment of Fees.
Fees to 1800myweb are due and payable on the following schedule: 50% upon signing this contract, 50% when the web pages have been constructed and proofed according to the client's original written specifications unless other arrangements have been agreed upon. In some cases, 70% is required as a down payment with the balance due upon completion. The web site will be published on the World Wide Web once all monies due are paid. Once a deposit on website design services has been received by 1800myweb.com, either online or manually through authorized payment locations, this is confirmation that the Client agrees with the terms of agreements on 1800myweb.com.
6a. Hosting and Domain Renewal Fees
All hosting charges must be prepaid (minimum 3 months in advance based on the Client’s chosen plan). Payment options are available upon request and approval and requires a new invoice detailing the new payment option before the next renewal period. Once a payment of hosting fees or domain renewal fees have been received by 1800myweb.com, either online or manually through authorized payment locations, this is confirmation that the Client agrees with the terms of agreements on 1800myweb.com. The Hosting and Domain Renewal Fees are due in advance of the provision of services. In the event that 1800myweb determines that the services of a collection agency are necessary or appropriate to collect amounts due under this paragraph, which determination shall be made in 1800myweb's sole and unfettered discretion, any and all collection agency fees and other costs of collection shall be added to any amounts due under this provision.
You shall pay all costs of collection, including reasonable attorney's fees and costs, in the event any invoice requires collection efforts. All accounts referred to a collection agency shall be subject to an additional fee of $150, which must be paid in full before the account is reactivated.
The pre-paid hosting charges are non-refundable since that area of our server has been reserved for the client for that period. After approval of framework or final site design, all payment made are non-refundable. All domain registration fee is non-refundable. Hosting and domain registration prices are subject to change at the end of your pre-paid period with notice. Renewed hosting period, renewed domain period and additional design request, made by client to1800myweb, will be subject this agreement. PLEASE MAKE YOUR PAYMENT IN A TIMELY MANNER USING PAYPAL, OR GOOGLE CHECKOUT. We accept all major credit cards via PayPal including EChecks. NO CHECK PAYMENTS WILL BE ACCEPTED.
7. Legal.
1800myweb does not warrant that the functions contained in these web pages or the Internet website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will 1800myweb be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if 1800myweb has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You may add any content that you desire to your website as long as you do not violate any spamming laws or place any illegal or copyrighted information on your website. Adult Content or links to Adult Content, of any nature, are not permitted on 1800myweb.com servers. Violation of these as well as the detail list below will result in automatic suspension of services.
a. Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
b. Infringe 1800myweb's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
c. Sell counterfeit goods;
d. Act in a manner that is defamatory, trade libelous, threatening or harassing;
e. Provide false, inaccurate or misleading information;
f. You represent and warrant that your domain name does not infringe the copyright, trademark, or any other intellectual property rights of any person or company and that your domain name is otherwise in compliance with the terms of this agreement.
Nothing in this Agreement is intended by the Parties to create or constitute an agency, joint or collaborative venture, or partnership of any kind between 1800myweb and you, nor shall anything in this Agreement be construed as constituting or creating any such agency, joint or collaborative venture, or partnership between 1800myweb and you.1800myweb shall have no control or ownership interests of any kind in your business. 1800myweb shall have no direct financial interest pertaining to your use of the 1800myweb Services or 1800myweb's Equipment. 1800myweb's relationship to you shall be restricted to matters pertaining to the provision of the 1800myweb Services as set forth in this agreement.
You confirm that you have unilaterally decided to enter the online and/or Web Site service business and that these are high risk businesses. You further confirm, understand, acknowledge and expressly agree that neither 1800myweb, any agent or representative of 1800myweb, nor any other person is currently representing or otherwise directly or indirectly communicating in any manner herein or otherwise, nor has at any time in the past, represented to you or has otherwise directly or indirectly communicated in any manner to you any guarantee, reassurance or any other communication of any kind regarding the potential profitability, marketability, or likelihood of success of your endeavors through the use of the 1800myweb Services or 1800myweb's Equipment as set forth herein or otherwise.
You expressly acknowledge and agree that the success of any business endeavors which involve your use, in any manner, of the 1800myweb Services and/or 1800myweb's Equipment pursuant to this Agreement, like any other business endeavor, is subject to numerous factors, such as the effectiveness of its advertising and promotion, your administrative capabilities, etc., and that the ultimate success or failure of your business rests with you and not 1800myweb. You further expressly agree not to raise any claim of any kind against 1800myweb and to hold 1800myweb harmless from any claim of financial investment or other loss to you directly or indirectly resulting from your decision to use the 1800myweb Services and/or 1800myweb's Equipment pursuant to this Agreement.
NO WARRANTIES BY 1800MYWEB.
THE SERVICES OFFERED BY 1800MYWEB ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE 1800MYWEB SERVICES IS AT YOUR SOLE RISK. 1800MYWEB DOES NOT WARRANT THAT THE 1800MYWEB SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES 1800MYWEB MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE 1800MYWEB SERVICES. NO WARRANTY IS MADE BY 1800MYWEB REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND 1800MYWEB HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO YOUR SERVICES AND YOUR WEB SITE; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 1800MYWEB DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE 1800MYWEB SERVICES WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU REGARDING THE POTENTIAL VOLUME OF PATRONAGE OF YOUR WEB SITE OR ANY OTHER PERSON'S OR ENTITY'S WEB SITE OR WEB PAGE.
1800MYWEB'S LIMITED LIABILITY.
YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT. IN NO CASE SHALL 1800MYWEB, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO THE 1800MYWEB SERVICES. SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH COUNTRIES, STATES OR JURISDICTIONS, 1800MYWEB'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, 1800MYWEB DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING THE 1800MYWEB SERVICES, AND 1800MYWEB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES. YOU HEREBY RELEASE 1800MYWEB FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. THE TOTAL LIABILITY OF 1800MYWEB FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL SERVICE FEES PAID BY YOU TO 1800MYWEB IN THE SIX MONTHS PRECEDING SUCH ALLEGED BREACH, BUT IN NO EVENT TO EXCEED $50 US DOLLARS.
7.a Domain Registration.
Should you choose to register a domain name through 1800myweb, we will register a second level domain name on your behalf, provided such domain name is available for registration, and payment is made by customer. 1800myweb acts only as an intermediary between you and the organization providing the domain name, and has no influence over the assignment of domain names. The registration of your domain name is subject to the terms and conditions of those third-party registrars, and is also subject to the terms of the Uniform Domain Name Dispute Resolution Policy ("UDRP"). You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions of the UDRP in effect at the time of the dispute. 1800myweb assumes no liability in the event the domain name is unavailable or otherwise not assigned to you, and does not warrant or guarantee that assigned domain names do not infringe the rights of third parties, or that you will retain the rights to that domain name for any period of time. Upon payment in full of any and all registration fees, 1800myweb shall not own or otherwise legally control any domain name registered on your behalf. You agree that you are responsible for any and all fees and costs related to the registration of your domain name, and you authorize1800myweb to bill you for any such fees and costs which MUST be paid prior to renewal of the domain. Unless terminated, at the end of each term your domain name will automatically renew for an additional term, and you further authorize1800myweb to charge you for the renewal fee associated with such renewal term and any related fees or charges. Should the customer fail to honor such debt and renew the domain in a timely manner before the domain expires, 1800myweb may, in its sole discretion, release, cancel, or otherwise dispose of or utilize Your domain name as it sees fit, with no obligation to You (the customer) whatsoever.
For packages purchased from 1800myweb, that includes FREE domain registration, the customer does not own the domain. These domains are owned by 1800myweb.com, since 1800myweb paid to register the domain. At no time will 1800myweb tranfers this ownership right even when the customer chooses to renew the domain rental fee annually from 1800myweb. For this type of promotion, 1800myweb may, in its sole discretion, release, sell, cancel, or otherwise dispose of or utilize these domain name as it sees fit, with no obligation to You (the customer) whatsoever.
The registration of your domain name is subject to the terms and conditions of ICANN
http://www.icann.org/en/resources/registrars/transfers
and is also subject to the terms of the Uniform Domain Name Dispute Resolution Policy ("UDRP").
http://www.icann.org/en/help/dndr/udrp
Transfer request of domain can be limited to certain circumstances, as follows:
* Evidence of fraud
* Uniform Domain-Name Dispute Resolution Policy (UDRP) action
* Court order
* Reasonable dispute over the identity of the person authorizing the transfer
* Domain name is on hold due to payment owed for a previous registration period
* Express written objection from the domain name holder
* Domain name is in 'Lock' status (Registrars must provide a readily accessible and reasonable means for name holders to remove the lock status. Contact your registrar for assistance.)
* Domain name is within 60 days of initial registration
* Domain name is within 60 days of a previous transfer
7. b Domain Registration and Hosting Plan
Once a domain has been registered, it must be added to a paid hosting environment with 1800myweb for domain management services or to have use of the domain. If a free domain registration comes with a website plan, the customer will not be able to move the domain until it has been paid for. The free domain is given when the website is only hosted with 1800myweb.com. It cannot be transferred until it has been paid for by the customer. The customer that registers a domain has ownership of the domain, but it cannot be transferred until it has been paid for. FREE domains cannot be transferred until it has been paid for at market value. Domains under our Hosted Version CMS WEBSITES does not come with DNS management. It does come with ID protection and email services within the hosting plan chosen and prepaid.
8. Copyrights and Trademarks.
The client represents to 1800myweb and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to 1800myweb for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend 1800myweb and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
9. Laws Affecting Electronic Commerce.
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend 1800myweb and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce. Client agrees not to send any Spam email.
10. Late Fees and Penalties.
In order for 1800myweb to remain in business, payments must be made promptly. Delinquent bills will be assessed a $10 charge if payment is not received within 10 days of the due date. 1800myweb reserves the right to remove web pages from viewing on the Internet until final payment (including late charges) is made. If an amount remains delinquent 30 days after its due date, an additional fee of $150 will be assessed and 15% penalty will be added for each month of delinquency and the website will be "turned off from public viewing with a Splash Page stating that the web site is undergoing routine maintenance. Any statement from the client that payment will not be made in the future, then 1800myweb reserves the right to "turn off " the web site at any given time past the actual due date. If an amount remains delinquent 60 days after its due date, all files will be removed from the server and no duplication rights or usage will be granted. In case collection proves necessary, the client agrees to pay all fees incurred by that process. Please pay on time. Please note that hosting fee calculation will begin upon the launching of the framework to the client’s domain name. If customer website is "turned off" due to delinquent unpaid balances, then 1800myweb has the right to utilize the website for showcase purposes and all data, text, images will become the property of 1800myweb unless arrangements are made for the customer to re-enter a new hosting agreement with 1800myweb.com. In addition, if a client does not renew their domain prior to its expiration, and 1800myweb decides to renew the domain at their cost, then the domain will become property of 1800myweb.com. This ownership of the domain can be reverted back to the client, if the client pays all outstanding balance and re-enters into another YEARLY hosting plan with 1800myweb.com.
11. Ownership of Website.
11.a Content Management Systems.
11.a1.1 Hosted Version CMS WEBSITES. (Any Website Designed By1800myweb with Content Management Panels)
Customers contracted to use 1800myweb Hosted Version Ecommerce (1800Commerce) and Website Plans (1800CMS), are NOT allowed to purchase the website. All admin panel and designs are the sole properly of 1800myweb.com and/or its affiliates. No editing or alterations or access to our source codes will be allowed. The websites created using our content management system (1800CMS and 1800Commerce) are built on and integrated with 1800myweb’s hosting platform, and any attempt to migrate or otherwise transfer any such website to another hosting provider is a violation of this Agreement.
By submitting content for your Design to us, you grant us an unrestricted license (i) to use the content for the purpose of creating your Design, and (ii) to display screenshots of your Design online, in marketing materials, or in any other manner we desire.
Except for the content provided by you, Designs created on your behalf by us belong to us, and all such Designs and copies are subject to copyright, trademark, patent, and other intellectual property laws of the United States and foreign countries. We grant you an unrestricted license to use the Design created for you so long as your Services subscription or Hosting Plan chosen remains active and in good standing with 1800myweb.com and/or its affiliates. Cancellation of your Services subscription or Hosting service terminates your license to use the Design created for you as well as use of our content management system (1800CMS and 1800Commerce).
You agree to prevent any unauthorized copying of your Design. Unless otherwise specifically provided in this Agreement, no right or license under any copyright, trademark, patent, or other intellectual property right or license is granted by this Agreement. We reserve all rights not expressly granted herein.
11.a1.2 CMS Hosting
By purchasing 1800CMS or 1800Commerce website design services with our Hosting Service, you agree not to overuse our Server Resources. You should understand that you are on a Shared Environment & all resources are equally distributed among Customers. As Our Aim is to provide Quality Shared Hosting to Every User, there are some processor/ram usage on 1800myweb Shared Hosting. If your website starts over-usage or emails uses for spam work, we will suspend the account temporarily & inform the Customer to upgrade his/her Hosting as required. After acknowledgement of the customer, Services will be resumed. You may not use resource-intensive programs which negatively impact other customers or the performances of 1800myweb Servers. 1800myweb reserves the right to terminate or limit such activities any time.
11.a1.3 Other Policies
Spamming, Phishing, Virus or any stuff related to Hacking or non-legal activities are not tolerated in our Servers. The account found involved or containing such materials will be Suspended immediately without Notice.
11.a1.4 Failure to Pay
1800myweb may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Your Invoice will be generated 30 days before next due date and you have 3 days to pay your unpaid bill. If subscriber unable to pay the bill then on 3rd day, we will temporarily suspend their Hosting and after one month we will delete all their accounts and data.
11.a1.5 Refund Policy.
If the client halts work and applies by email for a refund within 30 days from (1) the point that you pay your deposit or make any payments to 1800myweb.com or (2) your receipt of an e-mail from 1800myweb confirming your order, whichever happens first, then, work completed shall be billed at the hourly rate of $150 per hour, and deducted from the refundable portion of the payment. The balance of which shall be returned to the client, if any, after appropriate charges are assessed, including cancellation fees. If, at the time of the request for refund, work has been completed (which means any commencement of the creative process) beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate of $150. No portion of the initial 50% deposit will be refunded unless 1800myweb has not begun working on the site (which includes any commencement of the creative process). No portion of any payments for website design services will be refunded unless a written request is made within 30 days of making a payment of deposit to 1800myweb. This possibility of a refund, after written request, ONLY applies if 1800myweb has not begun any work on the project ordered. Written request made after the first 30 days will NOT result in any refunds. A written request will NOT be considered to be received, until 1800myweb sends an email notification that said cancellation request was received. There will be NO EXCEPTION to this rule. NO REFUND will be allowed after the final design has been published, approved or paid in full.
No Refund on hosting fees collected. No refund on Domain Registration Fee. No refund on design updates and update management services. This includes all design and coding services done AFTER the initial website design has been completed. No Refund on Email Marketing and SMS Messenging services. No refund on website design service deposit collected or hosting fee prepaid or collected due to delays by acts of God, such as hurricane, flood or bad weather, or any other delays known or unknown to 1800myweb including delays due to reasons beyond our control. If the acts of God causes interruption in internet or power service, no refund will be given due to such delays, for any ordered service for which as deposit or payment has been received by 1800myweb either online or within the approved authorized payment centers or local banks.
11.a2.1 HOSTED VERSION NON-CMS WEBSITES
Non-CMS websites (HTML Designs ONLY with NO admin access) design by 1800myweb must have a minimum of consecutive 2 years hosting on our Hosting Server prior to receiving their website zipped and emailed for free. This term affect only orders placed before January 1, 2009. After two years of hosting, only HTML website pages will be given to client and NOT any administrative panels, CPanel nor editing software within the CPanel such as the html editor. Only one copy will be given to the client upon written request from the client. Additional copies will incur a cost. Client has full ownership of domain name and website once their account is in good standing.
12. SEVERABILITY.
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision.
13. NON-ENFORCEMENT DOES NOT CONSTITUTE WAIVER.
Failure of 1800myweb at any time to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. No waiver of a breach of this Agreement shall be valid unless made in writing and signed by duly authorized representative of 1800myweb.
14. NOTICES.
1800myweb may provide notice to you via e-mail sent to the e-mail address provided by you upon registration or as subsequently provided by you to 1800myweb. Such notice is deemed effective whether you receive it or not and shall be deemed written notice for the purposes of this Agreement.
You MUST provide any and ALL notices to 1800myweb in the following way: By e-mail to ONLY legal@1800myweb.com
Such notice, statement or other document so delivered to 1800myweb, except as this Agreement expressly provides otherwise, shall be conclusively deemed to have been given when first personally emailed, on the date of delivery or on the first date of receipt, AND only after 1800myweb notifies you by email that it has been received. Notice by e-mail to 1800myweb shall be deemed ineffective, null and void unless you receive a response from 1800myweb via email that we have received your notification with an assigned case number. Notice by e-mail to 1800myweb shall be deemed ineffective, null and void unless it has been sent to ONLY legal@1800myweb.com. Any such e-mail notice to 1800myweb shall be deemed effective as of the date on which 1800myweb replies via email that we have received the email from you, and have assigned to you a case number.
You agree and warrant that the contact information you have provided to 1800myweb is complete and accurate, and you further agree to notify 1800myweb within fifteen days of a change to any such contact information. Contact information includes your full legal name, e-mail address, and mailing address and the name, mailing address, telephone number, facsimile number, and e-mail address of the technical and administrative contacts for your domain, if any.
15. STATUTE OF LIMITATIONS.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
16. YOUR ADDITIONAL OBLIGATIONS AND WARRANTIES.
16a. You agree and warrant that Your Data shall be solely for business, entertainment and/or educational purposes and that you shall assume the sole responsibility and duty to ensure that all such data, visual materials, advertising and other matter shall be transmitted exclusively to willing adults and only to places in which such materials comply with contemporary community standards.
16b. You agree and warrant that Your Data shall not violate any Laws concerning obscenity and shall not contain or link to any pornography, or depictions of bestiality, rape, sexual assault, violence, torture or disfigurement, or other content deemed objectionable by 1800myweb, in its sole discretion.
16c. You agree that if, in 1800myweb's sole and exclusive judgment, 1800myweb concludes that Your Web Site displays, contains or links to any harmful matter or indecent materials or communications which are available to, or accessible by, minors, or displays or contains any material that consists of child pornography or which could otherwise result in harm to minors; then 1800myweb may, without prior notice to you and in 1800myweb's sole and exclusive discretion, either remove and erase the material from Your Web Site, and/or disable public access to the material on Your Web Site, and/or cease hosting Your Web Site, without any liability of any kind to 1800myweb from either you or any third party.
16d. You agree that in the event that 1800myweb is informed by any party that your domain name or any material on Your Web Site infringes the copyright of any party, or violates the right of publicity or privacy of any party, or consists of any other claim or violation of intellectual property rights of any kind, then 1800myweb may, without prior notice to you and in 1800myweb's sole and exclusive discretion, either remove the material from Your Web Site, and/or disable public access to your domain name or the material on Your Web Site, and/or terminate this Agreement, without any liability of any kind to 1800myweb from either you or any third party. In addition, you waive any and all claims you may have, now and forever, against 1800myweb relating to any action taken in response to the claim that you have infringed the intellectual property rights of a third party, and agree to indemnify and hold harmless 1800myweb from and against any such claims.
16e. You affirmatively represent, agree and warrant that you have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in Jamaica and throughout the world, to reproduce and disseminate, via the Internet, Your Data or Content which you otherwise promote, advertise, disseminate and/or distribute to anyone by your direct or indirect use of the 1800myweb Services or 1800myweb's Equipment, prior to and at all times during the time such materials are promoted, advertised, disseminated or distributed through any direct or indirect use of the 1800myweb Services or 1800myweb's Equipment.
16f. You agree and warrant that Your Data shall not constitute or contain or link to material which is libelous, slanderous, defamatory, or which will violate or infringe upon or will otherwise give rise to any adverse claim with respect to any common law or other right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights. You agree not to collect the personally identifiable data of any person without that person's consent, records of which shall be maintained throughout the term of this Agreement and for three years afterward. If you collect this data through Your Web Site you shall do so only pursuant to a posted privacy policy disclosing any and all uses of such identifiable data and in compliance with applicable law.
16g. You agree and warrant that Your Data shall not contain or link to any material which is harmful, violent, threatening, abusive or hateful.
16h. You agree and warrant that Your Data and any and all material(s) of every kind which you transmit using 1800myweb's Services or Equipment shall at all times be free from any and all damaging software defects, including, but not limited to, software "viruses", "worms", "Trojan Horses," and other source code anomalies, which may cause software or hardware disruption or failure, reduced computer operating speed, or compromise any security system. You agree that you will not attempt to access the 1800myweb Equipment or Web Site or another customer's Web Site without authorization, or use the 1800myweb Services to it carry out, or assist in the carrying out of, any "denial of service" attacks on any other website or internet service.
16i. You agree and warrant that you shall not use any form of mass unsolicited electronic mail solicitations, news group postings, IRC posting or any other form of "spamming," "phishing," or "mail bombing," and 1800myweb reserves the right to block mail from any source which 1800myweb believes, in its sole discretion, is being used to send such unsolicited e-mail, including but not limited to open mail relays.
16j. You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of the 1800myweb Services or 1800myweb's Equipment.
16k. You shall at all times use Web Site Space exclusively as a conventional Web Site. You shall not use the Web Site Space or Your Services in any way which may result in an excessive load on the 1800myweb Equipment, including but not limited to installing or running web proxies, using your allotted space as online backup or storage, or mirroring mass downloads. Use of Web Site Space and Your Services shall be in a manner consistent with this Agreement and shall not in any way impair the functioning or operation of 1800myweb's Equipment or network. Should your use of the 1800myweb Services result in an overly high load on the 1800myweb Equipment, in 1800myweb's sole discretion,1800myweb may suspend your account until the cause of any such overload is determined and resolved.
16l. You agree and warrant that all applicable taxes have been paid or will be paid in full by you when due regarding all businesses and employees associated with your use of the 1800myweb Services and that no taxing authorities shall have any claim against 1800myweb or any persons affiliated therewith for the payment of such taxes.
16m. You agree not to use your IMAP account for the storage of files other than in the course of normal e-mail usage.
17. Sole Agreement.
The agreement contained in this "Web Site Design Agreement" constitutes the sole agreement between 1800myweb, its subcontractors, and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for one month after anticipated completion after all parties sign this contract and contract is paid in full. Continued services after that time will require a new agreement.
This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of 1800myweb.com or you has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement, and 1800myweb.com and you hereby acknowledge and agree that neither 1800myweb.com nor you have executed this Agreement in reliance upon any such representation or promise. See Refund Policy below.
17a. MODIFICATION.
This Agreement may be materially altered by 1800myweb by posting the new version of the Agreement at www.1800myweb.com and if posted in this manner, shall be effective immediately upon posting such notice. In the event that 1800myweb does materially change the terms of this Agreement, you accept and shall be bound by such changed terms unless you opt to terminate the Agreement within thirty days of the posting of notice of such change.
You may not modify this Agreement, in whole or in part, and any such modification or attempt to modify shall not be enforceable unless reduced to writing and signed by a duly authorized representative of 1800myweb. No additional or conflicting term in any other document used by you will have any legal effect.
