Hello, and welcome to We Are Web Services, your partner in business and on the web. These “Terms of Service” govern your business with We Are Web Services and its parent company, We Are Enterprises LLC (referred to in the following document collectively as “Site(s)”, “Company”, “We”, “Us”, or “Our”). These Terms of Service also include governance of our company's website hosting and design services as well as access to and use of We Are Web Services’ Site(s) and mobile applications as well as apply to all information collected through our Site(s), and/or any related services, sales, marketing or events.
Please read this Agreement carefully before accessing or using the Site(s) and our services. By accessing or using any part of the Site(s), you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site(s) or use any services. If these terms and conditions are considered an offer by We Are Web Services, acceptance is expressly limited to these terms.
- Your wearewebservices.com Account and Blog/Website. If you create a blog/website through the Site(s), you are responsible for maintaining the security of your account and blog/website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog/website. You must not describe or assign keywords to your blog/website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and We Are Web Services may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause We Are Web Services liability. You must immediately notify We Are Web Services of any unauthorized uses of your blog/website, your account or any other breaches of security. We Are Web Services will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog/website, comment on a blog/website, post material to the Site(s), post links on the Site(s), or otherwise make (or allow any third party to make) material available by means of the Site(s) (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party websites or boost the search engine rankings of third party websites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog/website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blog/websites, and similar unsolicited promotional methods;
- your blog/website is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog/website’s URL or name is not the name of a person other than yourself or company other than your own;
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by We Are Web Services or otherwise.
By submitting Content to We Are Web Services for inclusion on your blog/website, you grant We Are Web Services a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog/website. If you delete Content, We Are Web Services will use reasonable efforts to remove it from the Site(s), but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, We Are Web Services has the right (though not the obligation) to, in We Are Web Services' sole discretion (i) refuse or remove any content that, in We Are Web Services' reasonable opinion, violates any We Are Web Services' policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site(s) to any individual or entity for any reason, in We Are Web Services' sole discretion. We Are Web Services will have no obligation to provide a refund of any amounts previously paid.
- Payments, Invoices, Renewal, and Cancellations.
- General Terms. By selecting a product or service you agree to pay We Are Web Services and its parent company We Are Enterprises LLC any one-time and/or monthly, semi-annual, or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up or upgrade and will cover the use of that service for a monthly, semi-annual, or annual subscription period as chosen.
- Automatic Renewal. Unless you notify We Are Web Services of a cancellation request before the product or services' renewal date, your subscription will automatically renew and you authorize us to collect the applicable subscription fees for such subscriptions (as well as any taxes) using any credit card or other payment mechanisms we have on record for you.
- Payment Captures. We Are Web Services will automatically attempt to capture payment for any products or services on the invoice due date. Such captures will be attempted with any credit, debit card or other payment mechanisms on file.
- Fees and Payments. By signing up for any services or products you agree to pay We Are Web Services the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. We Are Web Services reserves the right to change the payment terms and fees upon thirty (30) days prior with written notice to you.
- Taxes. It will be the client's responsibility to pay or reimburse We Are Web Services for all sales, use, transfer, privilege, excise, and all other taxes and all duties, whether international, national, state or local, however designated, which are levied or imposed by reason of the performance by We Are Web under this Agreement; excluding, however, income taxes on profits which may be levied against We Are Web Services.
- Invoices. Invoices for recurring products and services are generated 15 days prior to the invoice due date. Clients may pay invoices at any time prior to the due date by accessing the invoice in their client area. An automatic attempt to capture payment for any products or services will occur on the invoice due date. Emails are generated and sent for invoice due dates and subsequent invoice reminders and actions due. Overdue invoice reminders will be sent on the 1st, 5th, and 10th days after the invoice due date. Late fees will be incurred on the 15th day after the invoice's due date.
- Late Invoices and Suspensions. If an invoice remains unpaid 15 days after the original due date a late fee of 30% will be added to the invoice. Suspension and/or termination of an account will be at the discretion of We Are Web Services.
- Continuous Invoice Generation. For recurring products and services invoice generation for service terms will occur even if previous invoices remain unpaid and continue unless the products or services are cancelled in accordance with We Are Web Services' cancellation policies or the products or services are terminated by We Are Web Services.
- Refunds. We Are Web Services offers a 30-Day Money Back Guarantee for all of our Website Hosting Packages, OX App Suite, Code Guard Back-Up, and SSL Certificates. MarketGoo SEO, and SiteLock Website Security have a 5-Day Money Back Guarantee. Money Back Guarantee refunds for all products and services are only available for first time customers and cannot be processed after a service or product has renewed after successful completion of its first term. All sales are final for Domain Name Registrations.
- Cancellations. All products and services can be canceled at any time as long as the cancellation requests are received before the product or service's next renewal due date. Cancellations will in effect terminate future renewals of any present products or services and the fees associated with such. Cancelled products and services will continue through the remainder of the period in which payment has already been received. Cancellation requests can be submitted through the We Are Web Services client area or through our email ticketing system.
- Responsibility of Site(s) Visitors. We Are Web Services has not reviewed, and cannot review, all material, including computer software, posted to the Site(s), and cannot therefore be responsible for that material’s content, use or effects. By operating the Site(s), We Are Web Services does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. The Site(s) may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site(s) may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We Are Web Services disclaims any responsibility for any harm resulting from the use by visitors of the Site(s), or from any downloading by those visitors of content there posted.
- Content Posted on Other Blog/Websites. We have not reviewed, and cannot review, all material, including computer software, made available through the blog/website to which wearewebservices.com links, and that link to wearewebservices.com. We Are Web Services does not have any control over those non-We Are Web Services blogs/websites and is not responsible for their contents or their use. By linking to a non-We Are Web Services blog/website, We Are Web Services does not represent or imply that it endorses such blog/website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. We Are Web Services disclaims any responsibility for any harm resulting from your use of non-We Are Web Services’ blog/website.
- Copyright Infringement and DMCA Policy. As We Are Web Services asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by wearewebservices.com violates your copyright, you are encouraged to notify We Are Web Services in accordance with We Are Web Services’ Digital Millennium Copyright Act (“DMCA”) Policy. We Are Web Services will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We Are Web Services will terminate a visitor’s access to and use of the Site(s) if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of We Are Web Services or others. In the case of such termination, We Are Web Services will have no obligation to provide a refund of any amounts previously paid to We Are Web Services.
- Intellectual Property. This Agreement does not transfer from We Are Web Services to you any We Are Web Services or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with We Are Web Services. We Are Web Services, wearewebservices.com, and We Are Web Services’ Logo, and all other trademarks, service marks, graphics and logos used in connection with wearewebservices.com, or the Site(s) are trademarks or registered trademarks of We Are Web Services or We Are Web Services’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Site(s) may be the trademarks of other third parties. Your use of the Site(s) grants you no right or license to reproduce or otherwise use any We Are Web Services’ or third-party trademarks.
- Advertisements. We Are Web Services reserves the right to display advertisements on your blog/website unless you have purchased an ad-free account.
- Client Name Use. We Are Web Services may use the names of our clients, in advertising, publicity, or similar materials distributed or displayed to prospective clients.
- Attribution. We Are Web Services reserves the right to display attribution links such as ‘Powered by We Are Web Services,’ theme author, and font attribution in your blog/website footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Domain Name Reminders. Domain Renewal reminders will be sent by email 45, 20, 10, 5, and 1 days before the Domain Renewal Date.
- Domain Renewal Payments. An automatic capture for Domain Renewal payments will be attempted 5 days prior to Domain Renewal due date in accordance with We Are Web Service's terms of payment. Domain Renewal due dates are set 5 days prior to the domain's expiration date. To ensure continuous domain name service and avoidance of additional late fees incurred from the domain registrar it is recommended to initiate payment for domain renewal invoices as early as possible. Such early payments can be made in our client area by selecting the corresponding invoice and initiating a payment.
- Domain Name Grace Periods. We Are Web Services and our Domain Name Registrar partners offer a non-guaranteed 29-day grace period for renewal for many TLDs (Top Level Domains). Registrar conditions vary for grace periods and there are no guaranteed grace periods. Once a domain expires it may be disposed at any time according to the registration agreement. Once a grace period elapses, the domain may go into a Redemption Grace Period. It is highly recommended Auto-Renewal for domains is activated in your client account and domain name expiration dates are carefully noted and tracked. This will help ensure continuous coverage of services and avoid unnecessary costs later down the road.
- Redemption Grace Periods. After a domain has passed through any applicable expiration grace period, the domain may go into redemption status. "Redemption Grace Period" or RGP, is the grace period provided after the registrar has issued a delete request to the registry. Only the previous registrant can recover the domain during this time, and it must be retrieved through the previous registrar. Currently our Domain Registrar partners charge a $250 fee for domains recovered during this time.
- Pending Delete. "Pending Delete" refers to the 5-day time frame after redemption. During this time the registry holds the domain and it cannot be recovered. Once the Registry deletes the domain, it becomes available for anyone to purchase as a new domain. It is available on a first-come first-served basis.
- Agreement Updates. We Are Web Services reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site(s) following the posting of any changes to this Agreement constitutes acceptance of those changes. We Are Web Services may also, in the future, offer new services and/or features through the Site(s) (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Site(s) Use Termination. We Are Web Services may terminate your access to all or any part of the Site(s) at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your wearewebservices.com account (if you have one), you may simply discontinue using the Site(s). Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by We Are Web Services if you materially breach this Agreement and fail to cure such breach within thirty (30) days from We Are Web Services' notice to you thereof; provided that, We Are Web Services can terminate the Site(s) immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Site(s) is provided “as is”. We Are Web Services and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither We Are Web Services nor its suppliers and licensors, makes any warranty that the Site(s) will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site(s) at your own discretion and risk.
- Limitation of Liability. In no event will We Are Web Services, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use, unauthorized access to, alteration, theft or destruction of, or loss or corruption of webiste and website data; (iv) for any amounts that exceed the fees paid by you to We Are Web Services under this agreement during the twelve (3) month period prior to the cause of action. We Are Web Services shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnity. You agree to indemnify and hold harmless We Are Web Services, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site(s), including but not limited to your violation of this Agreement.
- Agreement. This Agreement constitutes the entire agreement between We Are Web Services and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of We Are Web Services, or by the posting by We Are Web Services of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site(s) will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Williamson County, Texas.
- Binding Agreement. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; We Are Web Services may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.