Throughout the description of this Service Agreement "WVD" will be used to represent World View Design and "Client" will be used to represent you, as the party purchasing the service.
The Web site is provided to you under the terms and conditions of this Service Agreement and any amendments thereto and any operating rules or policies. WVD reserves the right, in its sole discretion, to change, modify, add or remove all or part of the Service Agreement at any time. You will receive notice of such changes and/or modifications.
1. DESCRIPTION OF SERVICE
WVD designs, hosts, and maintains interactive Web sites on the World Wide Web and provides its Clients with, among other things, complete Web site services.
All Web pages are designed to work best when using Microsoft Internet Explorer 8 and later, Mozilla Firefox 4 and later, Apple Safari 5 and later on Mac only, Google Chrome 7 and later.
The Client's Web site will be accessible through the World Wide Web as long as no part of this Service Agreement is violated.
2. CLIENT AUTHORITY
By accepting the terms and conditions of the Service Agreement you represent and warrant that you are 18 years old or older and agree to provide true, accurate, current and complete information about yourself.
Client represents and warrants that it has full power and authority under all relevant laws and regulations to offer and sell the goods and services offered on the Web site, including but not limited to holding all necessary licenses from all necessary jurisdictions to engage in the advertising and sale of the goods or services offered on the Web site.
The Client agrees to act in accordance with all federal, state, and common laws regarding all materials submitted to WVD. WVD reserves the right to remove any data that is explicitly prohibited by law or that is deemed to violate the policies of WVD. Upon the removal of any such content, the Client shall be notified immediately.
3. PROPRIETARY RIGHTS
Client grants WVD the right to maintain such content on WVD's server space during the term of this Service Agreement and to authorize the downloading and printing of such material, or any portion thereof, by end users for their personal use.
Client also acknowledges and agrees that the online store program is intended for access and use by means of web browsing software.
Custom graphics created by WVD cannot be copied, edited, reproduced, or distributed without explicit written consent from WVD.
WVD claims no rights to any information provided by the Client. This includes text descriptions and pictures or images. The Client maintains copyrights to these items and grants WVD permission to use these items for the design of the Client's Web site.
4. WARRANTY AND GUARANTEE
The online store program is not sold but transferred to the client WITHOUT ANY WARRANTY OR GUARANTEE; without even the implied warranty or guarantee of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
Client shall pay to WVD a monthly hosting fee, in the current amount listed on the WVD Web site. These hosting fees are due on a quarterly basis for standard Web hosting and on a monthly basis for e-commerce Web hosting. Hosting fees are due on the first day of the period being hosted. For example hosting for January, February, and March on a standard Web hosting plan would be due on January the first. Hosting for January on an e-commerce Web hosting plan would be due on January the first.
Client may pay hosting fees for a year in advance.
All fees are cumulative and payable in U.S. dollars. All fees are non-refundable. Late payments shall bear interest at the rate of one percent (1%) per month (or the highest rate permitted by law, if less). In the event of any failure by Client to make payment, Client shall be responsible for all reasonable expenses (including attorneys' fees) incurred by WVD, in collecting such amounts. WVD may, upon 30 days prior notice to Client, alter its fees under the Service Agreement.
WVD may, in its sole discretion, interrupt accessibility to the Client's Web site or cancel the Client's hosting account if the account balance is past due.
The Client is responsible for maintaining backup copies of their hosting account files, including the online store database.
6. CLIENT INFORMATION
WVD will protect the security and privacy of any personal information provided by the Client. This includes the Client's name, phone number, electronic address, address, and credit-card information. WVD will not sell, share, or rent the Client's personal information to anyone.
Client is entirely responsible for any and all activities which occur under Client's account and password. Client agrees to keep its password confidential, to allow no other person or company to use its account, and to notify WVD promptly if Client has any reason to believe that the security of its account has been compromised.
7. DISCLAIMER OF WARRANTIES AND LIABILITIES
WVD CANNOT BE HELD LIABLE WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF WVD IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM YOUR WEB SITE SERVICE.
8. NO RESALE OR ASSIGNMENT OF SERVICE
Client agrees not to resell or assign or otherwise transfer its rights or obligations under the Service Agreement without the express written authorization of WVD.
9. FORCE MAJEURE
Neither party shall be liable to the other for any delay or failure in performance under the Service Agreement resulting directly or indirectly from acts of nature or causes beyond its reasonable control.
Any notices or communications under the Service Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below.
If to WVD, such notices shall be submitted using the Contact Us form on our website or by mail to our mailing address provided to the Client by WVD. If to Client, such notices shall be addressed to the electronic or mailing address specified when Client opens an account with WVD, or such other address as either party may give the other by notice.
11. ENTIRE AGREEMENT
The Service Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous proposals, both oral and written, negotiations, representations, writings and all other communications between the parties.
The Service Agreement and the relationship between Client and WVD shall be governed by the laws of the state of North Carolina without regard to its conflict of law provisions. Client and WVD agree to submit to the personal and exclusive jurisdiction of the Superior Court of the State of North Carolina for Mecklenburg County or the United States District Court for the state of North Carolina. WVD's failure to exercise or enforce any right or provision of the Service Agreement shall not constitute a waiver of such right or provision. If any provision of the Service Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and agree that the other provisions of the Service Agreement remain in full force and effect. Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Service Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
The section titles in the Service Agreement are for convenience only and have no legal or contractual effect.