1. Acceptance; Eligibility and Authority
(a) By accepting this Agreement, User agrees to be bound by all the terms and conditions of this Agreement. The Agreement shall consist of these online Terms & Conditions as well as the paper cover sheet ("Service Agreement") and the "Description of Services" which are incorporated into this Agreement.
(b) Webstyle may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to Webstyle‘s website at www.webstyle.com (the “Site”). Your use of the Services (as defined in Description of Services) or this Site after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, Webstyle may occasionally notify you of changes or modifications to this Agreement by e-mail. Webstyle assumes no liability or responsibility for your failure to receive an e-mail notification if such failure results from an inaccurate e-mail address.
(c) The Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.
(d) If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms „you“, „your“, or „User“ shall refer to such corporate entity. If, after your acceptance of this Agreement, Webstyle finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Webstyle shall not be liable for any loss or damage resulting from Webstyle’s reliance on any instruction, notice, document or communication reasonably believed by Webstyle to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Webstyle reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses the Services, whether or not authorized by you.
(e) You grant Webstyle the right to request a credit report from a credit reporting agency by signing the attached Authorization and Release to Obtain Personal Information form. Webstyle shall have no obligations under this Agreement until User has provided the completed and signed Authorization and Release to Obtain Personal Information form. We reserve the right to refuse service to anyone in accordance with applicable laws. We furthermore reserve the right to cancel this Agreement if we determine, in our sole discretion, that your credit score is not sufficient.
2. Provision of Services
Webstyle agrees to provide User with services according to the description of the Services, attached to this Agreement. Webstyle reserves the right to change or modify the features of User’s service plan and the applicable fees from time to time on 30 days written or e-mailed notice to User. User’s continued use of Webstyle,‘s Services after receipt of such a notice of modification shall constitute User’s acceptance of and agreement to be bound by Webstyle’s modification of the terms and conditions of this Agreement and the Description of Services.
3. Accounts; Transfer of Data Abroad
(a) In order to access some of the features of the Services, you will have to create an account (“Account” or “User Account”). You represent and warrant to Webstyle that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Webstyle has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Webstyle reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password as well as payment methods and details. For security purposes, Webstyle recommends that you change your password at least once every six months for each Account . You must notify Webstyle immediately of any breach of security or unauthorized use of your Account. Webstyle will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Webstyle or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
(b) If you are accessing Webstyle‘s Services from a country other than the United States, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers
4. Agreement Term
(a) The initial term of this Agreement is 12 months (“Initial Term”). The Initial Term shall commence on the day Webstyle provides User with User’s website, but not later than two months after User’s meeting with the media advisor.
(b) AUTOMATIC RENEWAL: THIS AGREEMENT WILL CONTINUE IN EFFECT ON A YEAR-TO-YEAR BASIS (12 MONTHS TERM) UNLESS AND UNTIL YOU TERMINATE THIS AGREEMENT PURSUANT TO THIS AGREEMENT OR THE ACCOUNT OR SERVICE IS OTHERWISE SUSPENDED OR DISCONTINUED BY US PURSUANT TO THIS AGREEMENT. YOU MUST TERMINATE THE AGREEMENT AT LEAST 90 DAYS BEFORE THE END OF THE CURRENT 12 MONTHS TERM BY SENDING A TERMINATION NOTICE TO OFFICE@WEBSTYLE.COM IN ORDER TO AVOID AUTOMATIC RENEWAL. IF YOU DO NOT TERMINATE THIS AGREEMENT IN SUCH TIME FRAME WE WILL BILL THE MONTHLY FEE PLUS ANY APPLICABLE TAXES USING THE PAYMENT METHOD YOU PROVIDE TO US DURING REGISTRATION (OR TO A DIFFERENT PAYMENT METHOD IF YOU CHANGE YOUR ACCOUNT INFORMATION).
5. Termination Without Cause
(a) User may terminate this Agreement for any reason, by contacting Webstyle by e-mail at email@example.com, and requesting the termination of this Agreement until the end of the current twelve months term at least 90 days before the end of the current twelve months term. In the event of a cancellation, Webstyle will not refund amounts already billed for the current twelve months period.
(b) Webstyle may terminate this Agreement at any time, for any reason, by providing written or e-mail notice of termination to User’s primary e-mail contact address no less than 30 days prior to the service termination.
(c) User shall be solely responsible for undertaking measures to maintain independent archival and backup copies of User‘s website or server content at all times.
6. Termination for Cause
User agrees to abide by the terms of this Agreement. Any violation by User of the terms of this Agreement shall be grounds for immediate termination of User’s Account for cause. If Webstyle terminates User’s account for a violation of this Agreement under this Paragraph, Webstyle shall not be required to refund any amounts.
7. Payment Terms
(a) User agrees to pay Webstyle the amount specified on the contract for the Services. Webstyle reserves the right to change or modify its charges for User’s plan from time to time on 30 days notice written or e-mailed to User. User’s continued use of Webstyle’s Services after receipt of such a notice shall constitute User’s acceptance of and agreement to be bound by Webstyle’s modified charges for its Services.
(b) Service charges are payable in advance on a monthly basis. Webstyle will invoice User at the beginning of each payment period. Webstyle will submit all invoices to User by e-mail. Payment is due immediately upon receipt of invoice. User may elect to have payments charged to a credit card automatically on the first day of any payment period. The first monthly payment is due immediately upon the commencement of the Initial Term of this Agreement.
(c) User agrees to be billed for all recurring and one-time charges, including late charges, for any Services ordered by User and any fees owed to Webstyle.
(d) Any charges for performing add-on requests, will not be billed until the next invoice.
(e) User shall pay a one-time setup fee, the amount is specified on the cover page of this Agreement (“Setup Fee”). The Setup Fee is due immediately after this Agreement is signed. Webstyle shall have no obligations under this Agreement until User has paid the Setup Fee in full.
Webstyle shall not be liable for any taxes and other governmental fees related to purchases made by User or from Webstyle’ server. User agrees that he or she will be fully responsible for all taxes and fees of any nature associated with products or services sold through the use of or with the aid of services provided to User by Webstyle.
9. General Rules of Conduct
You acknowledge and agree that:
(a) Your use of this Site and the Services, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
(b) You will not collect or harvest (or permit anyone else to collect or harvest) any User content or User data or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
(c) You will not use this Site or the Services in a manner (as determined by Webstyle in its sole and absolute discretion) that: (i) Is illegal, or promotes or encourages illegal activity; (ii) Promotes, encourages or engages in child pornography or the exploitation of children; (iii) Promotes, encourages or engages in terrorism, violence against people, animals, or property; (iv) Promotes, encourages or engages in any spam or other unsolicited bulk e-mail, or computer or network hacking or cracking; (v) Infringes on the intellectual property rights of another User or any other person or entity; (vi) Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; (vii) Interferes with the operation of this Site or the Services found at this Site; (viii) Contains or installs any viruses, worms, bugs, trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or (ix) Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Webstyle or Webstyle’s Services.
(d) You agree to back-up all of your User Content so that you can access and use it when needed. Webstyle does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
(e) You will not re-sell or provide the Services for a commercial purpose, including any of Webstyle’s related technologies, without Webstyle‘s express prior written consent.
10. Electronic Mail Abuse
Harassment by e-mail, whether through language, frequency, or size of messages, is prohibited. User may not send e-mails to any person who does not wish to receive it. If a recipient asks to stop receiving e-mails, User must not send that person any further e-mail. Users are explicitly prohibited from sending unsolicited bulk e-mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. Users may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings. Malicious e-mail, including but not limited to “mail bombing” (flooding a user or site with very large or numerous pieces of e-mail) and “trolling” (posting outrageous messages to generate numerous responses) is prohibited. Forging of header or any other information is not permitted. Subscribing someone else to an e-mail list or removing someone else from a mail list without that person’s permission is prohibited. Webstyle’s accounts or services may not be used to collect replies to messages sent from another Internet Service Provider if those messages violate this Agreement or any usage policy of that other provider. Violations of this Agreement will result in immediate account termination.
11. Violations of Network Security
User is prohibited from violating or attempting to violate the security of Webstyle‘s network. Violations of system or network security may result in civil or criminal liability in addition to immediate termination of User’s Agreement. Webstyle will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
(a) Accessing data not intended for the User or logging into a server or account that the User is not authorized to access.
(b) Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization.
(c) Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding,” “mail bombing,” or “crashing”.
(d) Ta k i n g any action in order to obtain services to which the User is not entitled.
12. Warranty Against Unlawful Use
User warrants and represents that User shall use Services only for lawful purposes and in accordance with all valid federal, state, and local laws and regulations governing use of e-mail and the Internet, whether or not specifically prohibited elsewhere in this Agreement. Failure to abide by the terms of this paragraph shall be grounds for immediate termination of User’s account for cause.
13. Availability of Webstyle‘s Services
Subject to the terms and conditions of this Agreement and our other policies and procedures, Webstyle shall use commercially reasonable efforts to attempt to provide the Site and the Services on a twenty-four hours a day, seven days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions, periodic maintenance, repairs or replacements that we undertake from time to time, or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Services on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
14. Liability; No Warranty; Limitation of Damages
(a) User expressly agrees that use of Services provided by Webstyle is at User’s sole risk.
(b) WEBSTYLE SHALL HAVE NO LIABILITY OF ANY KIND FOR ANY DAMAGES OR LOSS ARISING AS A CONSEQUENCE OF SERVER DOWNTIME OR UNAVAILABILITY.
(c) WEBSTYLE, ITS AGENTS, AFFILIATES, LICENSORS OR THE LIKE, DO NOT REPRESENT OR WARRANT, EXPRESSLY OR IMPLIEDLY, THAT THEIR SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THEIR SERVICES OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THEIR SERVICES, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT.
(d) WEBSTYLE, ITS OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE SERVICES; OR FOR ANY DAMAGES THAT RESULT FROM:
(I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE OR WEBSTYLE‘S SERVICES, (II) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO WEBSTYLE’S RECORDS, PROGRAMS, OR SERVICES, (III) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (IV) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (V) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES OR THIS SITE, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR OTHER MALICIOUS COMPUTER CODE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR THE SERVICES, (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WEBSTYLE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES.
(e) Webstyle will exercise no control over the content of the information passing through Webstyle’s network except those controls expressly provided herein.
(f) WEBSTYLE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, FOR THE SERVICES IT IS PROVIDING. WEBSTYLE ALSO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT MAY BE SUFFERED BY USER, INCLUDING LOSS OF DATA RESULTING FROM DELAYS OR NON-DELIVERIES.
(g) Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
(h) User agrees that the liability limit of Webstyle shall in no event be greater than the aggregate dollar amount which User paid during the terms of this Agreement, including any reasonable attorneys’ fees and court costs.
15. Patents, Copyrights, Trademarks, and Other Intellectual
(a) Except for rights expressly granted herein, this Agreement does not transfer any intellectual or other property or proprietary right to User. User agrees that all right, title, and interest in any product or service provided to User belongs to Webstyle. These products and services are only for User’s use in connection with Services provided to User as outlined in this Agreement
(b) User expressly warrants to Webstyle that User has the right to use any patented, copyrighted, or trademarked material which User uses, posts, or otherwise transfers to Webstyle servers.
(c) If you provide any content to Webstyle, such as photographs, videos, music, texts, or data (“User Content”), you grant Webstyle a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, display, reformat and distribute User Content in connection with the Services and you represent and warrant that you have the right to grant to Webstyle a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, perform, display, reformat, and distribute such User Content.
16. Hardware, Equipment, and Software
User is responsible for and must provide all phones, phone services, computers, software, hardware, and other services necessary to access Webstyle servers. Webstyle makes no representations, warranties, or assurances that User’s equipment will be compatible with Webstyle‘s Services.
User agrees to defend, indemnify, and hold Webstyle harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys’ fees, asserted against Webstyle, its agents, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by User, User’s agents, employees, or assigns. User further agrees to defend, indemnify, and hold harmless Webstyle against liabilities arising out of:
(a) Any liability of Webstyle arising by virtue of any use of Webstyle’s Services by User for any unlawful purpose, or in violation of any valid federal, state, or local law or regulation governing use of e-mail or the Internet;
(b) Any injury to person or property caused by any products sold or otherwise distributed in connection with Services provided to User;
(c) Any material supplied by User infringing or allegedly infringing on the property or proprietary rights of a third party;
(d) Copyright or trademark infringement by User, or violation by User of intellectual property rights of any other party; and
(e) Any defective product which User sold or distributed by means of Services.
18. Attorneys’ Fees
If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire Agreement.
User agrees to keep Webstyle informed of all current contact information for User’s account. Changes in User’s Account information may be reported to Webstyle by e-mail at firstname.lastname@example.org or on Webstyle’s website located at www.webstyle.com. Failure to maintain or keep current all contact information shall be a ground for Webstyle to terminate User’s Account for cause.
20. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of California. User agrees, in the event any suit is brought in connection with Webstyle’s provision of Services to User, to submit to the jurisdiction of the state of California.
In case any one or more of the provisions of this Agreement be held for any reason to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the invalid provision(s) had never been contained in this Agreement, provided that those provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.
No waiver by Webstyle of any breach by User of any provision of this Agreement shall be deemed a waiver of any preceding or succeeding breach of this Agreement. No waiver shall be effective unless it is in writing, and then only to the extent expressly set forth in such a writing.
23. Entire Agreement
This Agreement shall constitute the entire agreement between User and Webstyle.