You should carefully read the following terms and conditions. Your purchase or use of our (WebZone.com) products implies that you (the "Client") have read and accepted these terms and conditions.
A pre-designed site (website from a template) grants you a nonexclusive limited license to use the design sold through our web site by independent content providers (the "products") in accordance with these Terms and Conditions (the "license") issued by our company.
LIMITED USAGE GRANTED
You may only use each individual design on a single website, belonging to either you or your client. You must purchase the same pre-designed site once more in order to make another project with the same design
MODIFICATIONS
You are authorized to make any necessary modification(s) to our products to fit your purposes. WebZone2.com is not responsible for any data loss. You (the client) are responsible for making data backups of your website information and any databases residing on your site.
UNAUTHORIZED USE
You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from our company.
ASSIGNABILITY
You may not sub-license, assign, or transfer this license to anyone else without prior written consent from WebZone2.com
OWNERSHIP
You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of independent content providers who originally designed the sites.
All our websites are 100% satisfaction guaranteed. If for any reason you are not happy with your website, you have up until your site draft has been uploaded and approved by you to request changes. Refunds are given if the work cannot be completed as initially agreed upon. Partial refunds may be given after the approval of the site draft prior to going live on a case to case basis. However, refunds will not be issued once the final site design has been approved and has gone live. Website work done on an hourly basis is not refundable unless the work cannot be completed as agreed.
Add-on packages come with no warranty, either expressed or implied. Please see the section entitled "Add on Packages" below for additional information.
Our staff will work with you to try to accommodate your pre-designed site changes within reason. Some design requests may not be honored due to limitations of the particular site design you (the client) have purchased. If you find the site design you (the client) have chosen is too limited, you may purchase an additional pre-designed site to meet your needs at an extra charge. Charges will vary depending on how much time has been invested by WebZone2.com into your (the client's) original purchased site.
WebZone2.com offers a variety of add-on packages using what is commonly known as "Open Source" software. We will ensure that the software is installed and running correctly on your server space and will offer limited technical support to assist you (the client) to operate the add-on package based on our knowledge of the particular add-on package you (the client) have purchased. WebZone2.com is not responsible for loss of data due to the client's lack of knowledge or inability to use the installed Open Source software. Open Source software comes with no warranty, express or implied and the user (the client) uses the software at his/her own risk. The charges rendered for Open Source software offered by WebZone2.com is for installation only and we assume no risk or liability once the software has been installed and deemed to be operating within its original pre-programmed limits. Add-on packages come with no warranty, expressed or implied.
WebZone2.com packages include web hosting as a service to our clients. Hosting is provided by a number of high-quality hosting providers including Canadian Web Hosting, BlueHost, and HostMonster. Technical support is offered through Quality Web Design Inc., assisted by the hosting providers, and every reasonable action will be taken to ensure that the hosting service we offer is working within normal limits. Should your (the client) site be down, it is up to you (the client) to notify WebZone2.com either by phone or email so that action may be taken to restore service.
All email accounts offered through WebZone2.com include a minimum of 100 megabytes of storage space per email account. All accounts include server level anti-virus and anti-spam protection as an option. It is up to the client to request that this feature be enabled when the accounts are being set-up.
Though protection is offered, it comes with no guarantee, express or implied that it will catch every virus or spam message sent due to inherent difficulties the internet presents. Every reasonable precaution is taken by our hosting providers to ensure that virus definitions are up-to-date.
It is up to you (the client) to ensure that you have adequate local system protection installed. WebZone2.com will not be held liable for any data loss due to insufficient protection on your (the client's) computer. We recommend Kaspersky, Norton Internet Security or Trend Micro, all of whom offer reliable and effective protection from viruses, spam and hackers.
All websites are optimized for the following web browsers: Internet Explorer 7 and up, Firefox 3.0 and up, Safari and Google Chrome.
You agree that this Agreement will remain in full force during the period paid for by you. Under usual circumstances, either party may cancel the service with thirty (30) days notice to the other party. While every reasonable effort is made to contact the Client when services are unused and/or unpaid, if this situation persists for a period exceeding 60 days, service may be cancelled by WebZone2.com without formal notice. Cancellation of services does not negate or in any way diminish WebZone2.com's right to pursue full payment for services rendered.
You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the service provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions.
If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notices section of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Service following notice of any revision to this Agreement or change in service, you shall abide by any such revisions or changes.
You agree that our entire liability, and your exclusive remedy, with respect to any Service(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or 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, even if we have been advised of the possibility of such damages.
You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, from claims by third parties, including but not limited to events relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in cancellation of your Service.
You agree that failure to abide by any provision of this Agreement, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may cancel Service. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other, breach by you.
You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of 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. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
We, in our sole discretion, reserve the right to refuse Service within thirty (30) calendar days from receipt of your payment for such services. We agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to provide Service.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
WebZone2 Located in San Jose and Serving the USA
