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PROLOGUE
Throughout the description of this Web Site 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 Web Site Service Agreement at any time. You will receive notice of such changes and/or modifications.
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 version 4.0 or higher of either Netscape or Microsoft's Internet Explorer. The Client's Web site will be accessible through the World Wide Web as long as no part of this Web Site Service Agreement is violated.
CLIENT AUTHORITY By accepting the terms and conditions of the Web Site 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.
PROPRIETARY RIGHTS
Software License
WVD hereby grants Client a non-exclusive, non-transferable license to use the Web site only on server space controlled by WVD. WVD maintains copyrights to all Computer Code. Client is not being granted any right to copy, edit, reproduce, or distribute the Computer Code or to use it on computers other than server space controlled by WVD.
All shopping cart software is provided to the Client as a web hosting service. Client can use the shopping cart software only on server space controlled by WVD.
Client also grants WVD the right to maintain such content on WVD's server space during the term of this Web Site 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 Computer Code 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.
Unauthorized Access
Client shall not attempt to gain unauthorized access to any server space controlled by WVD.
FEES
Hosting Fee 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 from the Starting Date (e.g., if the Starting Date is August 15th, then the first payment of the hosting fees would be due on November 15th).
All fees are cumulative and payable in U.S. dollars. 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 Web Site Service Agreement.
WVD may, in its sole discretion, interrupt accessibility to the Client's Web site if the account balance is not paid for two (2) consecutive billing periods.
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.
Password
Client shall receive a password from WVD to provide access to and use the Web site Traffic Page. 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.
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.
NO RESALE OR ASSIGNMENT OF SERVICE
Client agrees not to resell or assign or otherwise transfer its rights or obligations under the Web Site Service Agreement without the express written authorization of WVD.
FORCE MAJEURE
Neither party shall be liable to the other for any delay or failure in performance under the Web Site Service Agreement resulting directly or indirectly from acts of nature or causes beyond its reasonable control.
NOTICES
Any notices or communications under the Web Site 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 addressed to our mailing address listed in the Contact Us page of this website or by submitting the Contact Us form. 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.
ENTIRE AGREEMENT
The Web Site 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.
GENERAL
The Web Site 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 Web Site Service Agreement shall not constitute a waiver of such right or provision. If any provision of the Web Site 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 Web Site 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 Web Site 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 Web Site Service Agreement are for convenience only and have no legal or contractual effect.
If Client issues payment for the Web site but does not contact WVD or does not submit any content to create the Web site, the payment will be refunded to the Client which will include a four (4) percent processing fee that is subtracted from the refunded amount.
By issuing payment the Client acknowledges that he or she has read, understands, and accept the Web Site Service Agreement.
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