General
WEBSITEDESIGNER.COM (hereinafter “WEBSITEDESIGNER.COM”) offers web hosting services through its system to its subscribers. WEBSITEDESIGNER.COM does not and cannot control the content, quality or accuracy of information available through its system or over the Internet in general. These Terms and Conditions (TAC) set forth the basic rules which apply to WEBSITEDESIGNER.COM’s services and use of its system. WEBSITEDESIGNER.COM may change these Terms and Conditions in the future upon notice published on-line or otherwise provided by WEBSITEDESIGNER.COM. BY USING WEBSITEDESIGNER.COM'S SERVICES AND SYSTEM, A SUBSCRIBER AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS AS PUBLISHED ONLINE OR OTHERWISE AVAILABLE FROM WEBSITEDESIGNER.COM FROM TIME TO TIME. If the Terms and Conditions, WEBSITEDESIGNER.COM'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. WEBSITEDESIGNER.COM provides its services to subscriber subject to the following TAC, which may be updated from time to time without notice. Subscriber should periodically review the most current version of the TAC at https://www.websitedesigner.com/terms-and-conditions. By using WEBSITEDESIGNER.COM’s services, subscriber agrees to (and hereby signs) the most current version of the TAC.
Lawful Use
WEBSITEDESIGNER.COM's system and services may only be used for lawful purposes and in a manner which WEBSITEDESIGNER.COM believes, in its sole discretion, to be consistent with the rights of other WEBSITEDESIGNER.COM subscribers and third parties. While WEBSITEDESIGNER.COM is not responsible for the content of hosted Web Sites, content on all WEBSITEDESIGNER.COM hosted Web Sites must comply with all laws and must not infringe the rights of any third party. WEBSITEDESIGNER.COM's services and system may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, WEBSITEDESIGNER.COM'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 WEBSITEDESIGNER.COM's system must comply with the rules for such other networks.
Changes to Service
The services provided by WEBSITEDESIGNER.COM and WEBSITEDESIGNER.COM's system are expected to change from time to time. WEBSITEDESIGNER.COM 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 WEBSITEDESIGNER.COM's rate schedule in effect from time to time as a condition to obtaining access to WEBSITEDESIGNER.COM'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 WEBSITEDESIGNER.COM from the card issuer or its agents, the subscriber agrees to pay all amounts due upon demand by WEBSITEDESIGNER.COM. 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 WEBSITEDESIGNER.COM may, at its sole discretion, terminate the subscriber's account at any time with or without reason. WEBSITEDESIGNER.COM 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. WEBSITEDESIGNER.COM 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.
No Warranty; Limitation of Liability
USE OF WEBSITEDESIGNER.COM'S SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT USER'S SOLE RISK. WEBSITEDESIGNER.COM DOES NOT WARRANT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM UNAUTHORIZED INTRUSION, OR THAT WEBSITEDESIGNER.COM'S SERVICES OR SYSTEM WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; NOR DOES WEBSITEDESIGNER.COM MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN GENERAL. WEBSITEDESIGNER.COM'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 WEBSITEDESIGNER.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROF¬ITS. WITHOUT LIMITING THE FOREGOING, WEBSITEDESIGNER.COM WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF WEBSITEDESIGNER.COM'S SYSTEM OR SERVICES, RELIANCE BY ANY PERSON ON INFORMATION OBTAINED THROUGH WEBSITEDESIGNER.COM'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 WEBSITEDESIGNER.COM TO ANY SUBSCRIBER OR USER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY CF ANY KIND, INCLUDING DUE TO WEBSITEDESIGNER.COM'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER OR USER TO WEBSITEDESIGNER.COM 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 WEBSITEDESIGNER.COM, 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 WEBSITEDESIGNER.COM's services and system is not transferable without WEBSITEDESIGNER.COM's consent. Subscriber agrees to protect its password and account and to keep them secure from unauthorized users and use.
Confidentiality
WEBSITEDESIGNER.COM 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 WEBSITEDESIGNER.COM limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate the system or protect WEBSITEDESIGNER.COM's rights or property, (ii) upon legal demand (court orders, warrants, subpoenas) or (iii) where WEBSITEDESIGNER.COM 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 WEBSITEDESIGNER.COM's system. In addition, although WEBSITEDESIGNER.COM has implemented certain security measures, WEBSITEDESIGNER.COM 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 and Conditions supersede all other written and oral communications or agreements with regard to the subject matter. A waiver or modification of these Terms and Conditions shall only be effective if in a writing signed by an authorized officer of WEBSITEDESIGNER.COM. These Terms and Conditions 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.
