Web Building Professionals

General Terms Of Use
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

  1. 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
  2. The E-Commerce Store Monthly Solution comes with HostAdvanced web hosting.
  3. You agree to NOT sell pornographic material and (or) any materials that violate Your Terms of Use with the WBpro Network.
  4. 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.
  5. 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.
  6. WBpro does not charge additional fees for any sale that you make from your E-Commerce Store.
  7. 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.
  8. 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.
  9. 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.
  10. Additional modifications to your e-commerce store may be charge on hourly bases.

E-Commerce Store Premium Templates and Enterprise

  1. 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
  2. You agree to NOT sell pornographic material and (or) any materials that violate Your Terms of Use with the WBpro Network.
  3. 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.
  4. WBpro does not charge additional fees for any sale that you make from your E-Commerce Store.
  5. 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.
  6. 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.
  7. 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.
  8. 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:

  1. 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
  2. harm minors in any way
  3. conduct a site that has Pirated software, Hackers programs or archives, Warez Sites, Adult Sites, Unauthorized use of MP3's
  4. conduct a site that runs a chat room
  5. conduct a site that runs a ShoutCast Server
  6. conduct a site that runs a proxy
  7. conduct a site that has or makes reference to IRC, egg drops, or IRC bots
  8. 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.