Website Design / Hosting Agreement
By using our website design or hosting services (hereinafter the “our service,” defined further below), you signify your agreement to the terms and conditions contained in this Website development or hosting Agreement (hereinafter, the “Agreement”). This Agreement is between you, Web Guy or your organization (if you are entering into this Agreement on behalf of an organization), collectively referred to herein as “you” or “your” (and appropriate affirmatives), the website builder / hosting services provider offering these services to you, if any, (the “Primary Service Provider”) and the Web Guy. (the “Web Guy” or “Third-Party Service Provider”, “Partner”).
This Agreement may be modified from time to time. Modifications made to this Agreement will become effective 30 days after the modifications are posted. This Agreement shall be posted through the interface which you use to configure and/or otherwise order our service (the “Web Design or Hosting”). You agree that you will check the terms and conditions of this Agreement periodically and that, if you no longer agree to the terms and conditions, you will stop using our Services and that you will terminate our service as described below.
Our services consist of website design package and hosting, with the specific configuration which you selected or are going to select during the registration process.
You acknowledge and understand that important service limitations (including capacity matrices), pricing, the term of our service, payment terms, and other conditions relating to our service are conveyed through the Web Design or Hosting and are hereby incorporated into this Agreement.
Each website we created using our service and integrated with our hosting is subjected to mutual agreement prior to transfer or migration to anther service provider.
For the duration of your Services subscription, you are granted a personal access into each website created by us on your behalf. Cancellation of our service for any reason terminates your access to each website.
By uploading content to our service you indicate that you are the owner of the content and assume responsibility for it. In addition, you may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the images, and you may not create derivative works of the Images. We have the right, at any time, at our sole and exclusive discretion, to remove any Image(s) from your website.
You are hereby informed that, if you use a credit card to pay for our service, that the charge for our service may appear under a name other than the name of the Primary Service Provider (the name being generally descriptive of our service) and that, prior to contacting your credit card company in relation to such charges, that you will first contact the Primary Service Provider to verify the charges and the manner of billing.
You agree that any chargeback by a credit card company (or similar action by another payment provider) of a charge related to our service, for whatever reason, is a material breach of this Agreement and is grounds for immediate termination. You further agree that, upon a chargeback by you, you agree and acknowledge that we or the backend services provider may suspend your access to any account you have with Web Guy and your use of any domain names, websites, website content, email, or other data hosted on our systems. We will reinstate your rights solely at our discretion, and subject to receipt of the fee owed and then-current reinstatement fee, currently set at US$200.
You agree that our service shall be provided for the term you selected through the Web Design or Hosting registration process. Unless you terminate our service THROUGH THE Web Design or Hosting prior to the end of the then extant Services term, you agree that our service may be renewed for another term of equal duration to the immediately preceding term and that the resulting fees shall be charged to the credit card associated with your account. You agree to hereby waive any requirement which might otherwise be imposed by law which would require that either Web Guy or our partner obtain your affirmative consent for on-going billings and that your continuing consent to be billed for such renewal(s) may be presumed until such time as you terminate our service through the Web Design or Hosting or by contacting us by mail or phone. You agree that attempts to terminate our service other than through the Web Design or Hosting (such as sending an email to our email address ) are not reliable means of communication and that such a termination attempt shall not be binding until accepted and acknowledged by either Web Guy or the third party service provider. In relation to renewals, you further agree that it is your obligation to keep the credit card information associated with your account current and that neither Web Guy nor our partners shall be obligated to contact you to update such information in the event that the charges are denied.
You agree that you may not downgrade (reduce) the capacity matrices of our service below the level of actual use of our service which you experienced in the current or previous month.
Your use of our Services may be suspended and/or this Agreement may be terminated if we determine that you are or are alleged to be violating the terms and conditions of this Agreement or any other agreement you have entered with us.
In the event of termination or suspension of our services under such circumstances, you agree (i) that no pre-paid fees will be refunded to you and (ii) that either the Primary Service Provider or Web Guy may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration services of either Web Guy. You understand that taking control of a domain name includes, without limitation, acts such as listing such controlling party as the “registrant” and/or “administrative contact” for the domain name and controlling the DNS settings for the domain name.
Either Web Guy or our partner may elect to terminate this Agreement without cause and discontinue our service upon a 30 days’ notice, whereupon any pre-paid fees for an unused portion of a service term shall be refunded to you within a reasonable period of time. You further agree that, within 30 days of your initial enrollment to receive our service, Web Guy may elect to terminate this Agreement without cause and that, in such event, the termination shall take effect immediately and that any pre-paid fees for an unused portion of your service term shall be refunded to you within a reasonable period of time.
Our service is provided through an infrastructure which is shared by all users of our service. Your use of our service may be throttled or suspended indefinitely if your use abuses our service and degrades the ability of either Web Guy or other users of our services.
You acknowledge that email and/or online communication systems (chat, account notices, etc.) will be the primary means of communication between yourself and Web Guy. You acknowledge that it is your responsibility to maintain a current email address and physical mailing address in your contact information. You further agree that you will regularly login to your account to obtain any notices posted through the Web Design or Hosting. You agree that your failure to respond to a communication from either Web Guy or a third-party Service Provider may result in suspension or cancellation of your sServices without any refund of pre-paid fees, if any.
You acknowledge that neither Web Guy nor our Service Provider are obligated to return any data to you upon termination of this Agreement. You acknowledge that it is your responsibility to download, make copies of, and/or backup all data residing on the servers and other equipment which provide our service and to do so within the bandwidth limitations of our service. You acknowledge that any loss or corruption of data which occurs due to an interruption in our service, regardless of the cause of the interruption, shall not be the responsibility of Web Guy and that you may, following an interruption in our service, be required to upload the data to the servers and other equipment which provide our service.
You represent and warrant as follows: that
- you are lawfully entitled to use, display, posses, or access the data uploaded, linked to, framed, or otherwise posted on your website by you and/or by the builders / users of your website;
- your website and your use of our service will not infringe the intellectual property rights of any third party;
- (iii) your website and your use of our service will not violate any laws, including, without limitation, laws relating to unsolicited commercial email, child pornography, collection of identifying information, consumer protection, and privacy;
- (iv) neither you nor those who access your website will upload any worms, virus, or malicious code to the servers which provide our service; and
- your website and your use of our service will not subject either Web Guy or our partners to any claims by any third party, including claims relating to infringement of intellectual property rights or claims relating to the products or services which you may provide or offer through the website developed or hosted through our service.
You further represent and warrant that you will not allow any unauthorized third party to access the account which you use to access our service.
NO REMEDIES FOR UNPLANNED SERVICE INTERRUPTIONS: WEB GUY DISCLAIM ANY WARRANTY THAT Our service WILL BE UNINTERRUPTED, TIMELY, AND/OR ERROR-FREE. You agree that any unplanned or unannounced interruptions in our service shall not require a remedy.
LIMITATION OF LIABILITY: YOU AGREE THAT NEITHER WEB GUY NOR OUR PARTNER WILL BE LIABLE FOR ANY
- (A)SUSPENSION OR LOSS OF OUR SERVICE;
- (B) INTERRUPTION OF BUSINESS;
- (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEB SITE(S) PROVIDED THROUGH OR BY US;
- (D) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD;
- (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
- (F) EVENTS BEYOND THE CONTROL OF WEB GUY;
- (G)THE PROCESSING OF YOUR APPLICATION FOR OUR SERVICE; OR
- (H) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. YOU FURTHER AGREE THAT NEITHER WEB GUY NOR ITS PARTNERS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER OR NOT EITHER WEB GUY OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF EITHER WEB GUY OR ITS PARTNERS EXCEED THE TOTAL AMOUNT PAID BY YOU FOR OUR SERVICE FOR A 1-MONTH PERIOD, BUT IN NO EVENT GREATER THAN US$200.
- BECAUSE SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES / COUNTRIES, THE LIABILITY OF WEB GUY AND/OR ITS PARTNERS SHALL BE LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.
INDEMNIFICATION: YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD WEB GUY AND ITS PARTNER(S), THEIR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES AND COURT COSTS, FOR THIRD PARTY CLAIMS RELATING TO YOUR USE OF OUR SERVICES OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT BY YOU OR SOMEONE ELSE USING YOUR COMPUTER, OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT.
WHEN EITHER WEB GUY AND/OR WEB GUY MAY BE INVOLVED IN A SUIT INVOLVING A THIRD PARTY AND WHICH IS RELATED TO OUR SERVICE UNDER THIS AGREEMENT, EITHER THE PRIMARY SERVICE PROVIDER AND/OR WEB GUY MAY SEEK WRITTEN ASSURANCES FROM YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD SUCH PARTIES HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES. YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A MATERIAL BREACH OF THIS AGREEMENT BY YOU.
You agree that the Web Guy or third-party service provider shall not be liable for the actions, inactions, negligence, or intentional misconduct of Web Guy.
DISCLAIMER OF WARRANTIES: NEITHER WEB GUY NOR PARTNERS MAKE ANY REPRESENTATIONS NOR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EITHER WEB GUY OR PARTNERS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
GOVERNING LAW: This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the Sweden and European Union, as if the Agreement was a contract wholly entered into and wholly performed within Sweden. You agree that any action to enforce this Agreement or any matter relating to your use of our service shall be brought exclusively in Ljusdal, Sweden, or if there is no jurisdiction in such court, then in a court within the Gavle County. You consent to the personal and subject matter jurisdiction of any state or court within the Gavle County, in relation to any dispute arising under this Agreement. You agree that service of process on you by either Web Guy or Its partner(s) in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your contact information or by electronically transmitting a true copy of the papers to the email address listed by you in your contact information.