When you agree to the terms, you are also agreeing to our Billing terms. Click here for more info on our billing terms. Except when expressly agreed to the contrary in writing by an authorized representative of WebDesignzSEO, this TOU supersedes any other agreement with WebDesignzSEO, whether written, oral, by conduct, or otherwise.
WebDesignzSEO Web Hosting Customer Restrictions
Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to reduce the resources used to an acceptable level, or upgrade its service to a privately hosted plan. WebDesignzSEO will be the sole arbiter of what is considered to be a high server usage level. Please see our abuse terms for a detailed listing of our resources. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to WebDesignzSEO customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a WebDesignzSEO server, and selling or distributing software (on a Web site residing on a WebDesignzSEO server) that facilitates spamming. Violators will face immediate suspension. WebDesignzSEO reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
WebDesignzSEO.com guarantees that your website will be up and running at least 99.9% of the time during any given 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where WebDesignzSEO.com has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Domain Registrar issues with subscriber’s domain name, connection issues between the client’s location and WebDesignzSEO.com data center. This uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that WebDesignzSEO.com cannot directly influence.
WebDesignzSEO does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers.
Software Distribution & Gaming
WebDesignzSEO Web Hosting and Ecommerce accounts are not configured for the purposes of distributing software and/or multimedia products. Running any onliine gaming is prohibited due to intense CPU and memory usage.
Ownership of Web Site
The legal owner of customers’ Web sites and accounts with WebDesignzSEO will be the individual or organization whose name is listed in WebDesignzSEO database as the owner. Customers will fully cooperate with and abide by any and all of WebDesignzSEO security measures and procedures in the event of any dispute over ownership of customers’ Web sites and accounts with WebDesignzSEO.
WebDesignzSEO servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing WebDesignzSEO services, all WebDesignzSEO customers certify that they and/or the organization they represent in procuring services from WebDesignzSEO are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All WebDesignzSEO customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a WebDesignzSEO customer (per the DMCA) to WebDesignzSEO must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at WebDesignzSEO sole discretion.
DMCA Copyright Infringement Notification Requirements:
Physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).
Identification of the copyrighted work(s) claimed to have been infringed.
Identification of the material claimed to infringe the copyright(s), and enough information for WebDesignzSEO to locate it including URLs and specific descriptions of the infringing material at each URL.
The Claimant’s name, address, and telephone number(s).
A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
Send the notification via:
The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.
WebDesignzSEO is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that WebDesignzSEO will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.
In the event that WebDesignzSEO must remove, or disable access to, material on your web site that is alleged to infringe another’s copyright under the DMCA, you acknowledge and agree that WebDesignzSEO may do so by disabling access to your entire web site.
Child Pornography and Pornography
The use of WebDesignzSEO services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. WebDesignzSEO is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
WebDesignzSEO customers agree to protect, defend, hold harmless, and indemnify WebDesignzSEO, any third party entity related to WebDesignzSEO (including, without limitation, third party vendors), and WebDesignzSEO executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of WebDesignzSEO services.
The WebDesignzSEO service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. WebDesignzSEO expressly disclaims any representation or warranty that the WebDesignzSEO service will be error-free, secure or uninterrupted. No oral advice or written information given by WebDesignzSEO, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. WebDesignzSEO and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL WebDesignzSEO (INCLUDING, WITHOUT LIMITATION, WebDesignzSEO’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING WebDesignzSEO’S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR WebDesignzSEO SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY WebDesignzSEO SERVICES EVEN IF WebDesignzSEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WebDesignzSEO’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR WebDesignzSEO’S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY WebDesignzSEO OR WebDesignzSEO’S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
WebDesignzSEO may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with WebDesignzSEO services. Certain changes to WebDesignzSEO services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and WebDesignzSEO is not liable, for any and all such personalized applications and content, except as expressly agreed to by WebDesignzSEO.
Backup of Data
WebDesignzSEO.com will make every attempt to take weekly backups. However, as with any system designed for data storage, backups can fail. We encourage all our customers to perform their own backups at regular intervals and store the backup separately from their hosting account.
Also, because our hosting services allow customers to electronically send or upload content directly to their web site, customers shall be completely responsible for uploading all content to the site and adding, modifying and updating the web site content, including all backups.
Except where WebDesignzSEO has expressly agreed in writing to the contrary, customers are solely and entirely responsible for their own backups, and WebDesignzSEO is in no way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with WebDesignzSEO services. WebDesignzSEO servers are also NOT be used as a backup storage system and is only intented for hosting web files.
Governing Law and Severability
The TOU, and any other agreement for WebDesignzSEO services, will be governed by and construed in accordance with the laws of the State of Illinois, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and WebDesignzSEO will take place in Illinois, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other WebDesignzSEO agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between WebDesignzSEO and its customers. Each of WebDesignzSEO and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for WebDesignzSEO services, constitutes the complete understanding and agreement between WebDesignzSEO and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of WebDesignzSEO, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for WebDesignzSEO services is between WebDesignzSEO and its customers only and will not confer any rights in any third party except as otherwise expressly provided by WebDesignzSEO.
Refusal of Service
We reserve the right to refuse, cancel or suspend service at our sole discretion. All sub-networks, distributive hosting sites of WebDesignzSEO.com must adhere to the above policies.
Billing and Renewal Terms
We list out a complete and detailed term for our billing terms. Click here for more info on our billing terms
Third Party Providers
You agree that certain services may be provided by third party providers of WebDesignzSEO and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.