Terms of Usage
Webtivity Design Solutions of the Suncoast, dba Webtivity Design Solutions (“Company”) maintains the WebtivityDesignSolutions.com website as a service to its visitors. By using this website, you (“Customer”) agree to comply with and be bound to the following terms and conditions. Please review these terms and conditions carefully. If you do not agree with the Terms then you should not use or access this website or utilize the services offered herein.
This Agreement constitutes the entire and only agreement between Company and you. This agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to Company, the content, products, and services provided by or through Company and the subject matter of this Agreement. This Agreement may be amended at any time by the Company without specific notice to you. You should review this Agreement prior to each use of the WebtivityDesignSolutions.com small business solution website.
The products, content, graphics, design, and other matters related to WebtivityDesignsolutions.com are protected under applicable copyrights. The copying, redistribution, use or publication of any such matters or any part of WebtivityDesignSolutions.com and/or Company is strictly prohibited except by special agreement between Company and you. You do not acquire ownership rights to any content, product or other matters viewed and delivered through WebtivityDesignSolutions.com. All the copyrights for WebtivityDesignSolutions.com products as stated in WebtivityDesignSolutions.com Terms of Use are reserved.
1) WebtivityDesignSolutions.com is only responsible for implementing the project as specified in interview and project description. If the customer wishes to make additional changes a request for additional work will be provided, otherwise customer agrees to accept the template as is.
2) WebtivityDesignSolutions.com has a right to cancel the order and refund in the following cases:
a) The client does not give WebtivityDesignSolutions.com all the data necessary for customization;
b) The client demands unreasonable revision of the order.
c) WebtivityDesignSolutions.com billing officers suspect the payment to be fraudulent.
3) WebtivityDesignSolutions.com has the right to establish additional costs if the client wishes to make additional project changes which were not stipulated before and were not stated in the project description.
4) WebtivityDesignSolutions.com cannot guarantee to complete on schedule as specified in Preliminary Terms of Delivery if breaks in production occur due to customer's inactivity (i.e. the client doesn't give WebtivityDesignSolutions.com all the data necessary for customization or gives incorrect information.)
5) WebtivityDesignSolutions.com has a right to request authentication of the cardholder (such as a scanned image of the credit card without its numbers and credit card statement) if WebtivityDesignSolutions.com billing officers suspect the payment to be fraudulent.
6) WebtivityDesignSolutions.com reserves the right to mark the final product with a signature link in a footer area. In case the customer does not wish to put this mark WebtivityDesignSolutions.com reserves the right to set an extra charge for removing it. All issues concerning adding or removing the signature mentioned above can be discussed with a project manager.
7) As soon as the customer accepts the results and the website is made live on the Internet, the project is considered to be implemented successfully and isn't to be reviewed or revised unless agreed to by both parties.
8) CHARGES AND BILLING
Company reserves the right to charge fees for our services and templates or any portion thereof. If Customer is required to pay a fee for all or any part of the Service for which Customer has chosen to register, Customer hereby authorizes Company to charge the Customer's valid and current credit or debit card in advance for all applicable fees incurred by the Customer in connection with the Customer's chosen Service or work to be performed.
Customer's Service and Account will automatically renew at the end of each subscription period, unless the Service or Customer Account is terminated in advance of the end of the then-current term. If there are any annual, monthly or similar periodic subscription fees associated with the Customer Account, these fees will be billed automatically to the Customer's designated valid and current credit or debit card at the start of each renewal period, unless Customer terminates the Service before the relevant period begins. Customer further acknowledges that it is Customer's responsibility to notify Company of any changes to Customer's credit card and to update Customer's credit card information if it has changed otherwise Customer's access to our Services may be disconnected or interrupted.
All fees shall be paid in U.S. dollars. Webtivity Design Solutions shall consider ownership of an account and its constituent site(s) to be the identity of the person providing payment; By using Company services, you are expressly agreeing that we are permitted to bill you, the Customer, a recurring monthly or yearly subscription fee, any applicable tax and any other charges you may incur in connection with your use of the Company’s service. Customer’s subscription will be automatically renewed on a monthly or yearly basis. For your convenience, we will bill the monthly or annual subscription fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Your membership will automatically renew for successive monthly or yearly subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month or year in order to avoid billing of the next month's/year's subscription fees to your Payment Method. You are not eligible to receive refunds once your Payment Method has been billed.
Webtivity Design Solutions reserves the right to change any fees (which includes but is not limited to, increasing or decreasing prices and charging a fee for upgrades and/or a Service for which Company does not currently charge a fee) at any time, provided, however, that Company will provide Customer with reasonable notice prior to making any fee changes. In addition, Company will also give Customer reasonable notice before any modification to our Services that could adversely impact Customer's website(s). If Customer finds any change to the Service to be unacceptable, Customer is free to cancel any part of our Services at any time, but Company will not refund any remaining portion of Customer's prepaid fees when Customer cancels any part of the Service.
Customer also acknowledges and agrees that Customer will be billed for and will pay any outstanding balances if Customer cancels Customer's Account or Customer's Account is terminated due to Customer's breach of this Agreement. Customer must notify Company of any billing problems or discrepancies within sixty (60) days after they first appear on Customer's credit card account statement. If Customer does not notify Company within sixty (60) days, Customer waives any right to dispute such problems or discrepancies.
9) CUSTOMER SUPPORT SERVICES
Company offers limited email and phone support services. Customers in good standing may submit an unlimited amount of support related questions or concerns by email through our on-line customer support, available on WebtivityDesignSolutions.com. In the event that a customer is eligible for telephone support at no additional charge, such support service is limited to technical questions only. Questions related to, but not limited to, design, search engine optimization, marketing planning or similar services shall be directed to our sales department. Phone support incidents that are not specified to be at no additional charge shall be billed to the customer at the rate of $10.00 per incident (if applicable.)
10) LICENSE
Our website grants you non-exclusive limited license to use the web templates and other products sold through our website in accordance with these Terms and Conditions (the "license") issued by our company.
a) LIMITED USAGE GRANTED
You may use each individual product on a single website only, belonging to either you or your client. You have to purchase the same template once more in order to make another project with the same design. If it comes to the attention of Company that a template has been used outside of the scope of the License, Company reserves the right to collect any and all fees and/or damages associated with each breach of License.
b) MODIFICATIONS
You are not authorized to make any direct modification(s) to our products. All modifications requested will be made by Webtivity Design Solutions.
We will not grant FTP access under any circumstances.
c) UNAUTHORIZED USE
You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from our company.
d) ASSIGNABILITY
You may not sub-license, assign, or transfer this license to anyone else without prior written consent from www.WebtivityDesignSolutions.com
e) OWNERSHIP
All images, code, text, and proposal notes that developed by Company are the property of Company until payment is received in full. Company reserves copyright on anything we have edited, modified or created for your project until full payment is received. At that time ownership and copyright will be turned over to you. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. Our products are provided "as is" without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.
11) INDEMNIFICATION
Customer agrees to indemnify and hold Company and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) Customer's breach of this Agreement; (ii) any information (including but not limited to Customer Content and Customer's publicly posted information) submitted, posted, or otherwise provided by Customer at the Customer Site and/or to Webtivity Design Solutions and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by Customer's actions; and (iv) Customer's negligence or violation or alleged violations of any rights of another; (v) any third party claim against the Indemnified Party for: (1) personal injury or property damage to the extent such Liabilities arise out of or result from the negligence or other tortuous conduct of Customer; or (2) the breach of any representation or warranty made by Customer; or (3) any claim by a customer of Customer against any Indemnified Party to the extent such Liabilities arise out of or result from Customer's business dealings with such Customer, including, without limitation the provision of any products or services to such Customer. These obligations will survive any termination of Customer's relationship with Company's terms of usage. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Company and/or its suppliers, affiliates, partners, subsidiaries and employees.
Domain Name Registration Terms and Conditions
1) DOMAIN NAME SERVICES
This document (the “DNS Terms”) describes the rights and obligations of Webtivity Design Solutions of the Suncoast, dba Webtivity Design Solutions (“Company”) and the Customer in connection with Company’s registration or renewal of domain names for the Customer.
2) DOMAIN NAME REGISTRATION
Upon Customer’s request and subject to these DNS Terms, Company will register an Internet domain name, or renew the Customer’s registration of an existing domain name, on behalf of Customer with a registrar selected by Company and identified below (the “Registrar”).
3) CUSTOMER RESPONSIBILITIES
Company’s registration or renewal of any domain name is subject to (i) Company receiving from Customer all information needed from Customer in order to complete such registration, (ii) such domain name not being in violation of any applicable law, rule or regulation or the policies of the applicable Registrar or registry, and (iii) Customer’s compliance with these DNS Terms. Registration of a domain name is subject to availability of such domain name for registration, and Company will not be responsible if a domain name is not available for any reason. Company will also not be responsible for any infringement of third-party rights caused by its registration of a domain name for Customer. Customer waives any claims it may have against Company for, and hereby releases Company of and from, any loss, damage, liability or expense arising out of, or relating to, the registration of such domain name in any online or offline network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following the termination of services by Company for any reason. Customers registering a domain name with Company, but hosting with another provider, will not use Company name-servers to point any portion of their domain names outside of Company IP space and will update Customer’s domain name zone files with Customer’s hosting provider nameserver set. Company will not point Customer zone file records to sub-directories within Customer’s main domain name.
4) ICANN AND OTHER AUTHORITY
Customer acknowledges that its rights to any domain name registered or renewed by Company are not being granted by Company but are subject to the rules and regulations of ICANN, the Registrar, the registry and applicable law. Customer’s inability to use a domain name shall not entitle Customer to a refund by Company of any fees paid with respect to the registration of such unusable domain name. The domain name for the Customer Web site shall be the property of Customer.
5) DOMAIN NAME RENEWALS
Provided the customer is in good standing, has a valid credit card on file and has not opted-out of such renewal at least 30 days prior to the expiration, Customer’s domain name will automatically renew at Company’s then-current retail rates for the same or closest similar term as Customer’s prior registration. In the event Customer does not wish for such domain name to automatically renew, Customer must notify Company to opt-out of such automatic renewal via e-mail or by phone. Customer must opt-out of such automatic renewal no less than 30 days prior to expiration of the domain name. Company’s sole responsibility in connection with any such renewal will be to process the renewal using the renewal mechanism provided by the Registrar. Company will have no responsibility or liability for any loss, interruption in service, service error or loss of data caused by the Registrar.
6) REGISTRAR TERMS AND CONDITIONS
By submitting any Order to Company for domain name services under these DNS Terms, the Customer agrees to the applicable registrar’s terms and conditions. If the Order specifies a Registrar other than one listed in this paragraph, the Customer agrees to the terms and conditions of such registrar as the same may be posted on the web site of such Registrar from time to time.
7) CHANGING REGISTRARS
Company does not generally perform domain name services that require the domain name change registrars. However, if Company, in its sole discretion accepts an Order from Customer for domain name services that requires that the domain name change registrars, the Customer acknowledges that it is solely responsible for complying with the acknowledgement policies of the losing registrar. Such acknowledgement policies may require the Customer to respond to an e-mail sent to the e-mail address for the Administrative Contact of the domain name, as reflected in the WHOIS database of the losing registrar. The Customer acknowledges and agrees that neither Company nor the gaining Registrar will bear any liability or responsibility for any delay, inconvenience or expiration of domain name registration that occurs as a consequence of the Customer’s failure to respond timely to any losing registrar query or request for confirmation.
8) CHANGING REGISTRAR RESELLERS
If the Customer submits an Order to Company to renew a domain name that was previously registered through a reseller of the Registrar, the Customer acknowledges that it is solely responsible for complying with the acknowledgement policies of the losing reseller and the Registrar. Such acknowledgement policies may require the Customer to respond to an e-mail sent to the e-mail address for the Administrative Contact of the domain name, as reflected in the WHOIS database of the losing registrar, and may also require the Customer to settle any open accounts it has with the losing reseller. The Customer acknowledges and agrees that Company will bear no liability or responsibility for any delay, inconvenience or expiration of domain name registration that occurs as a consequence of the Customer’s failure to satisfy the acknowledgment policies of the losing reseller or the Registrar.
9) RENEWAL AND EXPIRATION
The Customer agrees that Company bears no responsibility or obligation to notify Customer of any impending domain name expiration dates and that the Customer is wholly responsible for such deadlines. Although Company may accept Orders for domain name renewals within the forty-five-day (45) day period prior to the impending expiration date of a domain name, Company will have no responsibility for any expiration of a domain name that occurs with respect to any Order submitted to Company within such period.
10) CONTACT INFORMATION
The Customer agrees to keep its WHOIS information accurate and up‑to‑date. The Customer must cause the e-mail address for the Administrative Contact to be the same as the Customer’s e-mail address maintained in Company’s billing records. If the e-mail address for the Administrative Contact is not the same as the Customer’s e-mail address maintained in Company’s billing records, Company may (but will have no duty to) change the e-mail address for the Administrative Contact in the WHOIS records of the registrar.
11) OTHER TERMS AND CONDITIONS
The Company Terms of Usage are incorporated herein by this reference. All fees are fully earned when due and non-refundable when paid.
12) UNDER CONSTRUCTION PAGE
Customer agrees that upon registration of a domain name with Company, if such domain name is (a) hosted on an Company domain name server and (b) does not otherwise resolve to an active Web site, such domain name will be pointed to a page as designated by Company in its sole discretion (the “Under Construction Page”). The Under Construction Page may be modified by Company at any time in Company’s sole discretion and without notice to Customer. The Under Construction Page may include, without limitation (i) links to additional products and services offered by Company, (ii) advertisements for products and services offered by third-parties, and (iii) an Internet search engine (the “Additional Content”). If Customer does not wish to have Customer’s domain name resolve to the Under Construction Page as described herein, Customer must notify Webtivity Design Solutions to disable the Under Construction Page.
13) FREE DOMAIN NAME
Offer valid for one (1) free, 1-year new domain name registration. Offer not valid on domain renewals or transfers. Company cannot assure domain name availability.
