These Terms of Service comprise a legal agreement between
You and WBpro and governs Your use of WBpro Web Site. BY SUBSCRIBING
TO A WBPRO SERVICE AND/OR PURCHASING A WBPRO PRODUCT, YOU AGREE TO
BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE AND THE ADDITIONAL
TERMS, AS MODIFIED FROM TIME TO TIME. If you do not agree to these
Terms of Service and the Additional Terms do not subscribe to or use
the WBpro services or products. WBpro is made up of Web pages
operated by WBpro its affiliates or third party service providers.
These Web pages, products and services will be collectively referred
to in this Agreement as " WBpro " or as the WBpro Network.
"You" means You, Your company, Your employees, and anyone
who has access to use Your WBpro; account. You must be at least
eighteen (18) years of age to subscribe to and use any WBpro service
or product.
The WBpro Network is offered to You on the condition that You accept
these Terms of Service and the Additional Terms without modification.
You agree to familiarize Yourself with, and to regularly review,
the Terms of Service, the Additional Terms, and other terms and
guidelines found throughout the WBpro Network and abide by them
if You choose to use the sites, or accept the products, services
or benefits, to which such terms apply. WBpro reserves the right
to change any of the Terms of Service and any Additional Terms at
anytime without notice. If You continue to use the WBpro Network
after any such changes, Your continued use will constitute Your
consent to such changes. WBpro does not and will not assume any
obligation to notify You of any changes to the Terms of Service
or Additional Terms.
Any rights not expressly granted herein are reserved by WBpro.
In addition Your registration information and other information
about You is subject to our Privacy Statement.
If You do not have print capability or otherwise desire to obtain
a hard copy of these Terms of Service, please visit the WBpro customer
service Web Page and send a Online Form requesting a hard copy.
Chargebacks. If you have applied to receive Internet domain
name(s) as part of the Service(s), in the event of a chargeback
by a credit card company (or similar action by another payment provider
allowed by us) or any other failure by you to make payment in connection
with the registration or renewal fees for your domain name(s), you
agree that ownership of the domain name(s) will be transferred to
WBpro and that you will forfeit to us all of your right, title and
interest in and to such domain name(s), and that we may hold, cancel,
sell or transfer such domain name(s) at our discretion. We will
reinstate your domain name registration solely at our discretion,
and subject to any applicable reinstatement fee.
Failure to Pay. The Company may temporarily deny service
by suspending all accounts under your name including but not limited
to Hosting Services, Web Development and Domain Name 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,
past due fees, collection fees and attorneys' fees. Service interrupted
for nonpayment is subject to a $200 hosting reconnection charge,
account reconnection may take up to 48 hours after the payment has
been received. Accounts not paid by due date are subject to a late
fee of $7.95 or 10% of the balance which ever is greater.
Return checks - Returned checks must be redeemed
in money order. Failure to honor returned checks may result in additional
late fees or legal action. A fee of $30 will be charge with no exception.
Customize Web Sites and Software Refunds. Refunds
are subject to the terms of the contract at the moment of the order.
If no mention of refund is given on the contract no refund will
be given to the customer unless the software or web site is not
finished completely with the contract specifications. If the software
or web site is not finish within the contract time frame, the customer
has the right to request the money back on the due date, if the
software is over the time frame and the customer decides to keep
with the project without asking for money back, the customer has
the right to request a new contract with a time frame, if not contract
is requested WBpro will not set a new time frame, and no money will
be given back unless the customer proofs that WBpro LLC is not capable
to finish the web site or software with the contract specifications.
Fees. As consideration for the Service(s) you have applied
to receive, you agree to pay to us the applicable Service(s) fees
set forth on our web site at the time of your application. We reserve
the right to change fees, surcharges, renewal fees or to institute
new fees at any time, for any reason, in our sole discretion. All
fees are due immediately and are non-refundable. We may take all
remedies available to collect fees owed to us.
Term of Service(s). The term of the Service(s) you have
selected will be specified in the process of applying to receive
the Service(s). Any renewal of the Service(s) you have selected
is subject to our then-current terms and conditions and payment
of all applicable fees at the time of renewal and, in the case of
domain name registration, the domain name registry's acceptance
of your domain name registration.
Domain Name Registration and Dispute Policy. All Internet
domain names provided as part of the Service(s) are registered through
a third party domain name registration partner. Our primary domain
name registration service is through Open Srs , although we reserve
the right to register domain names through other domain name registration
companies in our sole discretion. You acknowledge and agree that
we are subject to both contractual agreements with and operating
policies of our third party domain name registration service(s)
(view registration agreement for Com, Net, Org domain name extensions
here,
Biz domain name extensions here,
Us domain name extensions here)
and, accordingly, there may be restrictions placed on our ability
to register for, or renew the registration of, your selected domain
name(s). In addition, you agree to be bound by the domain name dispute
policy of the domain name registration partner through which we
register your domain name(s), which policy is incorporated herein
and made a part of this Agreement by reference. You should familiarize
yourself with any applicable dispute policies. For your reference,
the current version of the ICANN dispute policy can be found at
http://www.icann.org/udrp/udrp.htm.
Our domain name registration service(s), including services conducted
through Open Srs, generally reserve the right to modify their dispute
policy at their sole discretion in accordance with their policies.
It is your responsibility to monitor any changes to any applicable
dispute policy. Each of our domain name registration partners, including
services conducted through Open Srs, is an intended third party
beneficiary of your obligations relating to domain name disputes
under this Agreement and thus shall be entitled to enforce those
obligations against you as if a party to this Agreement.
- Our service setup fees are non refundable. $15.95
will be deducted from the money refunded if Your domain was registered
during the free domain registration period.
- Domain transfer is the sole responsibility of
the customer.
- Parking additional Domain is requires a one time
setup fee of $25.
- Additional domains that point to a sub folder
as Virtual Domains are $15 per domain per month.
E-Commerce Store Monthly Solution
- The Privacy Policy and Conditions of Use included by default
with the E-Commerce Store installation are to be viewed as an
example and if used You agree to assume full responsibility. WBpro
does not offer legal advice. Since state and federal laws change
regularly regarding legal documentation on the internet, seeking
professional legal advice is recommended
- The E-Commerce Store Monthly Solution comes with HostAdvanced
web hosting.
- You agree to NOT sell pornographic material and (or) any materials
that violate Your Terms of Use with the WBpro Network.
- You are responsible for seeking and establishing a 3rd party
payment method and setting up the connection type in Your E-Commerce
Store Administration area. If you establish a payment method with
Paypal or Authorize.net within 30 days of purchase we will, by
our discretion, help you set up the connection method in your
administration area.
- The Monthly Solution Version requires a 12 month agreement.
If the Monthly Solution Version is cancelled before the 12 month
period is fulfilled a 45% penalty fee of the combined remaining
total will be levied. This 12 month agreement will automatically
renew unless prior written notification of cancellation is made
to customercare@wbpro.com. The Monthly Solution Version is a rent-based
solution and can only be installed locally on a WBpro server.
If You would like to host remotely you must purchase a Licensed
Version.
- WBpro does not charge additional fees for any sale that you
make from your E-Commerce Store.
- WBpro does not guarantee that your E-Commerce Store will make
you profit or it will have any sells. You are responsible for
the marketing, promotion and search engine submission.
- WBpro does not include search engine submission or ranking to
any of the e-commerce stores. You are responsible for ordering
SEO for your store separate from the e-commerce contract, be aware
that Search Engine Optimizations are charged separate.
- You are responsible for testing your e-commerce store from time
to time to make sure that the system is working as indented and
receiving payments without any errors. If you are hosted with
WBpro and you discover an error of our part on your system please
notify us immediately our team will fix any errors free or charge.
- Additional modifications to your e-commerce store may be charge
on hourly bases.
E-Commerce Store Premium Templates and Enterprise
- The Privacy Policy and Conditions of Use included by default
with all E-Commerce Store Premium Templates or Enterprise are
to be viewed as an example and if used You agree to assume full
responsibility. WBpro does not offer legal advice. Since state
and federal laws change regularly regarding legal documentation
on the internet, seeking professional legal advice is recommended
- You agree to NOT sell pornographic material and (or) any materials
that violate Your Terms of Use with the WBpro Network.
- You are responsible for seeking and establishing a 3rd party
payment method and setting up the connection type in Your E-Commerce
Store Administration area. If you establish a payment method with
Paypal or Authorize.net within 30 days of purchase we will, by
our discretion, help you set up the connection method in your
administration area.
- WBpro does not charge additional fees for any sale that you
make from your E-Commerce Store.
- WBpro does not guarantee that your E-Commerce Store will make
you profit or it will have any sells. You are responsible for
the marketing, promotion and search engine submission.
- WBpro does not include search engine submission or ranking to
any of the e-commerce stores. You are responsible for ordering
SEO for your store separate from the e-commerce contract, be aware
that Search Engine Optimizations are charged separate.
- You are responsible for testing your e-commerce store from time
to time to make sure that the system is working as indented and
receiving payments without any errors. If you are hosted with
WBpro and you discover an error of our part on your system please
notify us immediately our team will fix any errors free or charge.
- Additional modifications to your e-commerce store may be charge
on hourly bases.
Web Builder
You can not copy, sell distribute your Web Builder site at any time.
You can not host your site on any other server besides WBpro's servers,
if you host your web site on other server your account will be terminated
and WBpro will take the appropriate legal action.
You may not use the WBpro Network or the products or services provided
through or in connection with the WBpro Network to:
- conduct, promote or forward illegal contests, pyramid schemes,
chain letters, unsolicited or unauthorized advertising, promotional
materials, unsolicited e-mail ( including "spamming")
or multi-level or illegal marketing campaigns
- harm minors in any way
- conduct a site that has Pirated software, Hackers programs or
archives, Warez Sites, Adult Sites, Unauthorized use of MP3's
- conduct a site that runs a chat room
- conduct a site that runs a ShoutCast Server
- conduct a site that runs a proxy
- conduct a site that has or makes reference to IRC, egg drops,
or IRC bots
- violate any applicable government laws or regulations.
- Pornography and sex related merchandising are
prohibited on any WBpro server. This includes sites that may infer
sexual content, or Link to adult content elsewhere.
- We reserve the right to add new items that are
unacceptable at any time.
- The information provided by WBpro to You may be
proprietary in nature. You agree not to share any information
provided to You by or on behalf of WBpro with any third party.
FEES
Some products and services available through or in connection with
WBpro require that You purchase a subscription or otherwise pay
a fee. You hereby authorize WBpro to charge Your credit card in
advance for all applicable fees incurred by You or on Your behalf
in connection with Your use of the WBpro product or service You
have chosen to use. You are solely responsible for all charges,
fees, duties, taxes, and assessments arising out of any use of Your
WBpro account by you or anyone else using your account. WBpro reserves
the right to modify the fees charged for WBpro products and services
from time to time, provided that such new fees shall not take effect
earlier than thirty (30) days after WBpro notifies You via email
or otherwise of such modified fees. Amounts not paid by You to WBpro
when due may bear interest at the lesser of (a) one and one-half
percent (1.5%) per month, and (b) the maximum rate permitted by
applicable law.
If You notify WBpro by online form found on the customer care page
of the WBpro web site or in writing that You are canceling one or
more WBpro services or products, fees pre-paid by You to WBpro for
WBpro products or services will be credited back to Your applicable
credit card in accordance with the cancellation policy. WBpro is
not required to refund directly to You any amounts paid hereunder.
It is Your responsibility to notify WBpro if Your credit card has
changed or has expired and to make appropriate changes or Your service
may be disconnected or interrupted.
In the event that WBpro terminates Your WBpro account or one or
more of Your WBpro services for violation of these Terms of Service
or the Additional Terms, You will not be entitled to the return
of any fees paid with respect to any such terminated account service.
CANCELLATION POLICY
You acknowledge that if You cancel any subscriptions to a WBpro
service that You may not be entitled to a refund of all or part
of amounts already paid by You for such WBpro subscription. You
agree that (a) WBpro's cancellation policy will be posted on the
WBpro Web site and may be changed from time to time by WBpro in
its sole discretion and (b) the cancellation policy posted at the
time you cancel your subscription shall govern the amount of the
refund (if any) due to you.
CHANGES TO SERVICES, TERMINATION BY WBPRO
WBpro may change any of the WBpro services at any time and from
time to time without notice, including terminating the offering
of any WBpro service altogether.
WBpro may terminate Your account, Your access to WBpro or any of
Your WBpro services (in whole or in part) at any time, with or without
cause, and with or without notice. You may be barred from accessing
any of Your WBpro services or from using the WBpro Network or from
receiving any products, services or benefits from WBpro, if WBpro
determines You have violated these Terms of Service or any Additional
Terms, if You have failed to remit any applicable subscription fees
when due, if any representation or warranty made by You is untrue
in any respect or if WBpro receives a court order or other legal
action relating to Your account. In addition, if You violate any
of these Terms of Service, or any applicable Additional Terms You
will forfeit all in-kind credits and any other amounts accruing
to You (if any) in connection with the WBpro Network and there will
be no refund of any fees prepaid by You. If You subscribe to a WBpro
service which is made up of two or more individual services and
You violate the Terms of Service applicable to one of such individual
services, (1) your use of the particular individual service will
be terminated, but the remaining services will remain active and
(2) there will be no refund (in whole or in part) of Your annual
fee for the WBpro service terminated. You will be responsible for
all fees incurred during Your subscription and payment of such fees
shall be due immediately upon termination of Your subscription.
LICENSE YOU GRANT TO WBPRO
WBpro does not claim ownership of the materials You provide to
WBpro (including feedback and suggestions) or that You post, upload,
input or submit in connection with Your use of WBpro or any Web
site ("Your Web Site") created by You or on Your behalf
in connection with the use of WBpro( further referred to as Submissions).
However, You grant WBpro a royalty-free license to use (including,
without limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate, sublicense
and reformat Your Submission, and to publish Your name in connection
with Your Submission) Your Submission only in connection with the
operation and promotion of WBpro. You also grant WBpro the right
to publish Your name in connection with any such use. No compensation
will be paid or due to you with respect to WBpro 's or its sublicensee's
use of the materials as licensed above. WBpro is under no obligation
to post or use any materials You may provide, and may remove such
materials at any time in WBpro 's sole discretion. By posting messages,
uploading files (including graphics), inputting data, submitting
any feedback or suggestions, or engaging in any other form of communication
with or through the WBpro Network, you represent and warrant that
You own or otherwise control the rights necessary to do so and to
grant WBpro the license set forth above, and You will defend and
indemnify WBpro and its suppliers from any third party claim related
to a breach of any of the foregoing representations or warranties.
You grant WBpro permission to use screen shots of any Web page
that is hosted by or has been serviced through WBpro. We reserve
the right to use these items as promotional materials, and You represent
and warrant that You have sufficient authority to grant the foregoing
rights.
LIMITATIONS OF LIABILITY AND DISCLAIMERS
The information, products, services and other material included
in or available through the WBpro Network may not be complete, and
may include inaccuracies or errors, and may also be modified, discontinued
or deleted from time to time without notice. Advice, information,
products, services or other materials received via the WBpro Network
should not be relied upon for personal, medical, legal, business,
financial or other decisions and is not intended to replace the
advice of appropriate and qualified professionals. You acknowledge
that You should consult an appropriate professional for specific
advice tailored to Your situation.
Your access to and use of the WBpro Network, and products and services
of WBpro, is at Your own risk. WBpro makes no guarantees of any
kind regarding the dependability, accuracy, security, timeliness
or availability of the WBpro Network, or such products or services.
Without limiting the foregoing, NEITHER WBPRO NOR ITS RESPECTIVE
SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION,
SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY,
TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND MATERIALS CONTAINED IN WBPRO FOR ANY PURPOSE. ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. WBPRO AND ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS,
EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
- IN NO EVENT SHALL WBPRO OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION
- DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OR PERFORMANCE OF WBPRO OR RELATED SERVICES, OR WITH THE DELAY
OR INABILITY TO USE WBPRO OR RELATED SERVICES
- THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH WBPRO; OR
OTHERWISE ARISING OUT OF THE USE OF WBPRO, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WBPRO OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF WBPRO, OR WITH ANY OF THESE TERMS OF SERVICE
OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE WBPRO NETWORK AND ITS RELATED SERVICES AND PRODUCTS.
Without limiting the foregoing, WBpro is not responsible for any
of Your data residing on WBpro and WBpro Network hardware or systems,
including such hardware or systems provided to WBpro by third parties.
You are responsible for maintaining and backing-up Your data and
information that may reside on the WBpro or WBpro hardware or systems,
including such hardware or systems provided to WBpro by third parties,
whether or not such information is produced through the use of WBpro,
including any information regarding the operation or use of Your
Web site, catalogs, lists, order records, and other information
You are providing or using in connection with Your use of the WBpro
Network. It is Your responsibility to take the necessary steps to
ensure Your primary means of business is maintained. WBpro will
not be liable for any damage, loss or disclosure of data, accounts,
revenue or business arising out of or otherwise related to: (a)
Your use of the WBpro Network, its services or products; (b) Your
customers' use of Your Web site hosted by or created through WBpro
and Your products and services; (c) use of the WBpro Network by
any other party to whom You have given access to Your company information
for use of the WBpro Network; (d) errors, bugs or other defects
in the WBpro Network; (e) lost company, customer or vendor information
(e.g., billing information, credit card numbers, lost orders, etc.);
(f) illegal or criminal activities, including but not limited to
reliance on any information obtained on the WBpro Web Hosting service;
or (g) or that result from mistakes, omissions, interruptions, deletion
of files or e-mail, loss of or damage to data, errors, defects,
viruses, delays in operation, or transmission, or any failure of
performance, whether or not limited to acts of God, communications
failure, theft, destruction or unauthorized access to WBpro 's records,
programs or services. You are solely responsible for maintaining
and backing-up any information regarding the operation or use of
Your Web site, catalogs, lists, order records, and other information
You are providing or using in connection with Your use of the WBpro
Network.
INDEMNITY
You agree to defend, indemnify and hold WBpro and its suppliers
harmless from and against any and all claims, losses, liability
costs and expenses (including but not limited to attorneys' fees)
arising from Your violation of these Terms of Service (including,
without limitation, violation of applicable Additional Terms), or
any third-party's rights, (including, without limitation, infringement
of any copyright, violation of any proprietary right and invasion
of any privacy rights). These obligations will survive any termination
of Your relationship with WBpro or Your use of WBpro.
ACCESS RESTRICTION
WBpro reserves the right to deny in its sole discretion any user
access to WBpro or any portion thereof without notice.
You are responsible for safeguarding the confidentiality of Your
account information (including password(s) and user name(s) issued
to You) and for any use or misuse of Your account or the WBpro Network
resulting from any third party using a password or user name issued
to You. You agree to notify WBpro immediately of any known or suspected
unauthorized access to or use of Your account, Your password, the
password of any individual user to whom You have issued a login
ID or any other breach of security or misuse of the WBpro Network
known to or suspected by You. You may change Your password at any
time by following instructions on the WBpro Web site.
You hereby authorize WBpro to rely on any data, notice, instruction
or request furnished by You to WBpro, or that WBpro reasonably believes
to have been furnished by You. You are solely responsible for maintaining
the confidentiality of Your account information and monitoring usage
of Your account. WBpro is not responsible for fraud of participants
or of other users of your account.
GENERAL
These Terms of Service and the Additional Terms are governed by
the laws of the State of Florida, U.S.A. You hereby irrevocably
consent to the exclusive jurisdiction and venue of courts in Seminole
County, Florida, U.S.A. in all disputes arising out of or relating
to the use of the WBpro Services or the WBpro Network.
You agree that no joint venture, partnership, employment, or agency
relationship exists between You and WBpro as a result of these Terms
or Service or use of WBpro.
WBpro 's performance of this agreement is subject to existing laws
and legal process, and nothing contained in these Terms of Service
are in derogation of WBpro 's right to comply with governmental,
court and law enforcement requests or requirements relating to Your
use of the WBpro Network or information provided to or gathered
by WBpro with respect to such use.
If any part of these Terms of Service or the Additional Terms is
determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and
the remainder of these Terms of Service and the Additional Terms
shall continue in effect.
Unless otherwise specified herein, these Terms of Service, the
Additional Terms and the Privacy Statement constitute the entire
agreement between the user and WBpro with respect to the WBpro Network
and they supersede all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user
and WBpro with respect to the WBpro Network.
WBpro is not obligated to monitor the content on WBpro. WBpro reserves
the right to disclose any information, content, or materials as
necessary to satisfy any applicable law, regulation, legal process
or government request or in accordance with WBpro 's Privacy Statement.
WBpro reserves the right to edit, refuse to post or to remove any
information, content, or materials, in whole or in part, from the
WBpro Web sites, in WBpro 's sole discretion, without notice at
any time.
Any rights not expressly granted herein are reserved by WBpro,
including all legal and equitable remedies available to WBpro or
violation of any of these Terms of Service.
COPYRIGHT NOTICE
All contents of the WBpro Network are: Copyright (c) 2003 WBpro
LLC., WBpro P.O Box 160188 Altamonte Springs, Florida 32716-0188,
U.S.A. All rights reserved.
Any rights not expressly granted herein are reserved by WBpro.
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