Please read this Agreement carefully before accessing or using the Site(s). 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 TX 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 TX Web Services may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause We Are TX Web Services liability. You must immediately notify We Are TX Web Services of any unauthorized uses of your blog/website, your account or any other breaches of security. We Are TX 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:
By submitting Content to We Are TX Web Services for inclusion on your blog/website, you grant We Are TX 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 TX 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 TX Web Services has the right (though not the obligation) to, in We Are TX Web Services ’s sole discretion (i) refuse or remove any content that, in We Are TX Web Services ’s reasonable opinion, violates any We Are TX 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 TX Web Services ’s sole discretion. We Are TX Web Services will have no obligation to provide a refund of any amounts previously paid.
- 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 TX Web Services or otherwise.
- Payment and Renewal.
- General Terms. By selecting a product or service, you agree to pay We Are TX Web Services the 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 indicated. Payments are non-refundable.
- Automatic Renewal. Unless you notify We Are TX Web Services before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically re-new and you authorize us to collect the then-applicable subscription fees for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
- Fees and Payments. By signing up for any services or products you agree to pay We Are TX 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 TX Web Services reserves the right to change the payment terms and fees upon thirty (30) days prior with written notice to you. Services can be canceled by you at any time through We Are TX Web Services’ client area.
- Responsibility of Site(s) Visitors. We Are TX 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 TX 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 TX 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 TX Web Services does not have any control over those non-We Are TX Web Services blogs/websites and is not responsible for their contents or their use. By linking to a non-We Are TX Web Services blog/website, We Are TX 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 TX Web Services disclaims any responsibility for any harm resulting from your use of non-We Are TX Web Services’ blog/website.
- Copyright Infringement and DMCA Policy. As We Are TX 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 TX Web Services in accordance with We Are TX Web Services’ Digital Millennium Copyright Act (“DMCA”) Policy. We Are TX 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 TX 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 TX Web Services or others. In the case of such termination, We Are TX Web Services will have no obligation to provide a refund of any amounts previously paid to We Are TX Web Services.
- Intellectual Property. This Agreement does not transfer from We Are TX Web Services to you any We Are TX 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 TX Web Services. We Are TX Web Services, wearewebservices.com, and We Are TX 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 TX Web Services or We Are TX 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 TX Web Services’ or third-party trademarks.
- Advertisements. We Are TX Web Services reserves the right to display advertisements on your blog/website unless you have purchased an ad-free account.
- Attribution. We Are TX Web Services reserves the right to display attribution links such as ‘Powered by We Are TX 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.
- Agreement Updates. We Are TX 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 TX 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 TX 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 TX Web Services if you materially breach this Agreement and fail to cure such breach within thirty (30) days from We Are TX Web Services ’s notice to you thereof; provided that, We Are TX 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 TX 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 TX 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 TX 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 or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to We Are TX Web Services under this agreement during the twelve (12) month period prior to the cause of action. We Are TX 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 TX 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 TX 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 TX Web Services, or by the posting by We Are TX 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 TX 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.
Our company is committed to protecting your personal information and rights to privacy. If you have any questions or concerns about our policy, or practices with regards to your personal information, please contact us at firstname.lastname@example.org.
Summary: Our company collects personal information such as names, addresses, contact information, passwords, security information, and payment information related to business being conducted with clients or potential customers.
All personal information is voluntarily provided when you conduct business with We Are TX Web Services and is collected when inquiring about our services and products, purchasing our services or products, and/or during use of our Site(s). The amount and details of information collected depends on specific uses of the Site(s) or business conducted and may vary widely.
Information collected may include the following:
- Client Names
- Email Addresses
- Postal Addresses
- Phone Numbers
- Password Hints
- Account Authentication Information
- Payment Data
- Credit Card Numbers
- Security Pins and Codes (Payment data is stored by our payment processor whose privacy policies and contact information should be reviewed directly to respond to any questions regarding this information.)
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
Automatically Collected Information
Summary: Various information, such as IP address and/or browser and device details are collected automatically when you visit our Site(s).
Information collected automatically from our Site(s) does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device details, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Site(s) and other technical information. This information is used for security purposes and operation of our Site(s) and assists us with reporting and internal data collection. Information is also collected through cookies and similar technologies found across the web.
Information from Other Sources
Summary: We may collect limited data from public databases, marketing partners, and other outside sources.
Information about you may be obtained from other sources, such as public databases, marketing partners, as well as from third parties.
Such information may include:
- Social Media Profiles
- Marketing Leads
- Search Results
- Paid Listings
Use of Your Information
Summary: We only utilize your information for legitimate business purposes to complete our services for and provide products to you, comply with legal obligations, and at your consent.
Personal information collected via our Site(s) may be used for a variety of business purposes described below. We process your personal information for these purposes in relation to our legitimate business interests (“Business Purposes”), in order to enter into or perform a contract with you (“Contractual”), with your consent (“Consent”), and/or for compliance with our legal obligations (“Legal Reasons”).
Information collected or received is used for:
- Marketing and Promotion for Business Purposes and/or with your Consent. We and/or our third-party marketing partners may use the information you send to us for our marketing purposes, at your discretion. Marketing emails can be opted-out at any time (see the “WHAT ARE YOUR PRIVACY RIGHTS” below).
- Administrative and Informational Communications for Business Purposes, Legal Reasons and/or possibly for Contractual purposes. We may use your personal information to send you product, service and new feature information, and/or information about changes to our terms, conditions, and policies.
- Order Fulfillment and Management for Contractual reasons. Information may be used to fulfill and manage your orders, payments, returns, and exchanges made through the Site(s).
- Testimonial Posts with your Consent. Testimonials on our Site(s) may contain personal information. All testimonials are with your consent and contain information authorized by you. Testimonials may be updated or deleted at your discretion by contacting us at email@example.com.
- Feedback and Reviews for our Business Purposes and with your Consent. We may use your information to request feedback or reviews about our services and to contact you about the use of our Site(s).
- Site(s) Protection for Business and Legal Purposes. We may use your information as part of our efforts to keep our Site(s) safe and secure (e.g., for fraud monitoring and prevention).
- Legal Requests in such cases as if we receive a subpoena or other legal request, data may need to be reviewed to determine our actions.
- Additional Business Purposes for data analysis, analyzing usage trends, determining effectiveness of our promotional campaigns, and to evaluate and improve our Site(s), products, services, and marketing.
Sharing of Information
Summary: Information is only shared with your consent, to comply with laws, to protect your rights, or to fulfill our business services and obligations.
We only share and disclose your information in the following situations:
- Compliance with Laws. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, judicial proceedings, court orders, or legal processes, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
- Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Site(s), which will enable them to collect data about how you interact with the Site(s) over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.
- With your Consent. We may disclose your personal information for any other purpose with your consent.
Summary: Cookies and additional tracking technologies may be used to collect and store your information.
Cookies and similar tracking technologies may be used to access or store information and specific information about how we use such technologies and how you can refuse certain cookies is set out below.
Cookies are used to:
- Identify and save user’s preferences for future visits.
- Compile aggregate data about Site(s) traffic and Site(s) interactions in order to offer better Site(s) experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
Computer browsers and applications can be set to warn when cookies are being sent, or they can be turned off. Various browsers may have different settings for cookies, but most can be found in the help sections or menus.
If users disable cookies in their browser it will turn off some of the features of the Site(s).
We do not sell, trade, or otherwise transfer to outside parties your Personal Information unless we provide users with advanced notice. This does not include our Site(s) hosting partners, domain registrars, and other parties who assist us in operating our Site(s), conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our Site(s) policies, or protect ours or others’ rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third-Party Products and Services
Out our discretion our company may include or offer third-party products or services through our Site(s) which have separate and independent privacy policies. It is not the responsibility or liability of our company for the content and activities of these linked websites. However, we do wish to provide the best services and experience to our visitors and welcome any feedback about these websites and their services or products.
Length of Time Information is Retained
Summary: Our use of collected information is used for as long as necessary to fulfill our services to you and for purposes required by law (such as for tax requirements and/or other legal responsibilities.
When all ongoing business has ceased, and there is no need to process your personal information, we will either delete or anonymize it. If this is not possible (e.g., because your personal information has been stored in backup archives), it will be securely stored and isolated from further processing until deletion is possible.
Summary: Our company secures your personal information through a system of standard organizational and technical security measures found throughout the web.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. It is our advice though for visitors to our Site(s) and for clients to remember that no 100% guarantee of security can be given upon the internet and transmission of any and all personal information to and from our Site(s) is at your own risk. Ours and any website should only be accessed within a secure environment.
Information Collected About Minors
Summary: Under no circumstances do we knowingly collect data from or market to children under 18 years of age.
Our company does not knowingly solicit services to, collect data from, or market to children under the age of 18. As a user of our Site(s), you represent that you are at least 18 years of age, and/or that you are the parent or guardian of such a minor and consent to their use of the Site(s). In the event that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under the age of 18, please contact us at firstname.lastname@example.org.
Summary: Our policies may be updated or changed at any time to comply with any changes to our services or relevant laws.
Contact Us About the Policy
Our company is committed to protecting your personal information and rights to privacy. If you have any questions or concerns about our policy, or practices with regards to your personal information, please contact us at email@example.com.
Last edit: June 30, 2018