Terms and Conditions
This Web Hosting Agreement (this "Agreement") sets forth the terms and conditions of your use of WebCanDo.com a TKNB Marketing Services LLC Company ("WEBCANDO.COM") for web hosting services. You certify that you are at least 18 years of age. To become a WEBCANDO.COM account holder, you must read and agree to be bound by all terms and conditions of this Agreement and any policies that are or may be published by WEBCANDO.COM. WEBCANDO.COM reserves the right to deny service to anyone. WEBCANDO.COM may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services. Customers that have paid in advance for services will not be affected by any price changes until their term is up.
1. Scope of Services and Your Obligations
1.1. This Agreement defines the terms and conditions of WEBCANDO.COM's services as offered by WEBCANDO.COM and used by you, including the provision of web hosting services on WEBCANDO.COM's dedicated servers and connectivity to the Internet (the "Services"). WEBCANDO.COM will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, WEBCANDO.COM maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.
1.2. You are responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the "Upload Materials") to your website, and you hereby warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that all Upload Materials will function properly and as intended. You are responsible for all activity originating from your website, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your website that may be put on by a third party (such as the usage of Free for All links pages). Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website, and includes, but is not limited to, the following: web publishing requires knowledge of HTML, properly locating and linking documents, FTPing web contents, graphics, text, sound, image mapping, etc.; FrontPage web publishing requires knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability; CGI-scripts requires knowledge of the UNIX environment, tar & gunzip commands, Perl, CShell scripts, .htaccess, .htpasswd, permissions, etc.; and mail requires knowledge of use of mail clients to receive and send mail, etc. You acknowledge that you have the necessary knowledge to create, modify and maintain your website. WEBCANDO.COM assumes no responsibility to provide you with such knowledge. WEBCANDO.COM is unable to review or analyze your code/files/data. If you wish WEBCANDO.COM to analyze any of your code/files/data then WEBCANDO.COM may charge you at the current development/consulting rate. WEBCANDO.COM, as a courtesy, may review code/files/data at no charge to WEBCANDO.COM Tier 1 customers.
1.3. In connection with the Services, WEBCANDO.COM may provide for your use certain tools and software, including, but not limited to, certain specialty scripting software and/or certain programming language software for designing websites (collectively, the "Tools"). These Tools are copyrighted and proprietary property owned by WEBCANDO.COM. To the extent that such Tools are provided to you, you are granted a nonexclusive, nontransferable license to use the Tools in object-code form only for your internal use, solely in connection with the Services provided under this Agreement.
1.4. During the period that WEBCANDO.COM provides the Services to you, you hereby grant to WEBCANDO.COM a nonexclusive, royalty-free, worldwide right and license to digitally display and host your website and its content, and to use its trademarks, service marks, trade names, logos and other commercial or product/service designations in connection with the website and such Services. WebCanDo provides support services via our DRAM support system and provides timely support based on priority. We typically respond to service outages within 4 hours, service impacting issues are normally resolved within 24 hours and customer care, billing and change requests within 48 hours. Our service response rates are based on first in first out priority and are not guaranteed.
1.5. For server restoration purposes only, WEBCANDO.COM makes back-ups of servers nightly; however, WEBCANDO.COM makes no guarantees of any kind, either expressed or implied, as to the integrity of these back-ups. You are responsible to maintain local copies of your website / data. If loss of data occurs due to an error of WEBCANDO.COM, WEBCANDO.COM will attempt to recover the data for no charge. Otherwise, WEBCANDO.COM will attempt to recover the data from the most recent archive for a $50 fee. If WEBCANDO.COM is unable to recover your website / data then you will need to restore from your local copy / back-up. Files that are not backed up are Program files (i.e. .exe, .com), Music Files (i.e. .mp3, .RM, .RAM, .WAV), Archive Files (i.e. zip, .arj, .cab). WEBCANDO.COM does not make backups of email data.
1.6. WEBCANDO.COM reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. WEBCANDO.COM will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not WEBCANDO.COM's intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.
1.7. You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that WEBCANDO.COM is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. Â§ 512. Consistent with the DMCA, WEBCANDO.COM will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, WEBCANDO.COM has a policy of terminating accountholders who are repeat copyright infringers.
1.8. Websites can include unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on WEBCANDO.COM's servers nor the links to other websites are screened, approved, reviewed or endorsed by WEBCANDO.COM. WEBCANDO.COM is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not WEBCANDO.COM's statements of advice, opinion or information.
1.9 WEBCANDO.COM provides Traffic Reports and log files on most packages. WEBCANDO.COM does not guarantee the availability of these services. WEBCANDO.COM may at times remove server log files on the server without notice to free space on the server. WEBCANDO.COM does not guarantee log file availability. WEBCANDO.COM does not guarantee Traffic Report Data.
1.10 WEBCANDO.COM does not provide development support or internal database support with any of its packages. If WEBCANDO.COM is asked by customer to review code or review database/table/field structure by customer, then customer will be required to pay the current labor rate for such service.
1.11 WEBCANDO.COM charges over bandwidth and over disk quota charges for accounts that go over their allocated package amount. Over bandwidth charges are billed at the 1st of every month at the rate of $5.00 per GB rounded up to the nearest GB. Over Quota charges are billed on a daily basis at the rate of $0.25 per MB that the account is over its bandwidth allocation.
2. Limited Warranty; Limitation of Liability; Indemnification
2.1. Limited Warranty. You acknowledge that the Services are provided "as is." WebCanDo shall use commercially reasonable efforts to attempt to provide this Site and all Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site and our Services may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.Neither WEBCANDO.COM, nor any of its employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. WEBCANDO.COM is not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, noninfringement, merchantability or fitness for a particular purpose of information available on its SERVERS or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will WEBCANDO.COM be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.
2.2. Limitation of Liability. IN NO EVENT SHALL WEBCANDO.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE WEBCANDO.COM'S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF WEBCANDO.COM'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WEBCANDO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WEBCANDO.COM'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO WEBCANDO.COM FOR THE HOSTING SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, WEBCANDO.COM'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
2.3. Indemnification. You agree to indemnify, defend and hold WEBCANDO.COM and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto WEBCANDO.COM's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to WEBCANDO.COM's equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by WEBCANDO.COM's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
3. Payment of Fees
3.1. WEBCANDO.COM will publish a notice of fee increases 30 days before such increases take effect via e-mail. A listing of current monthly, quarterly, semi-annual and annual fees (each, a "Payment Interval") can be found at Hosting
3.2. You agree to provide WEBCANDO.COM with accurate and complete billing information, including your legal name, address, telephone number, e-mail address and applicable payment date and to update this information immediately if any change occurs. Payments must be submitted in advance of receiving the Services.
3.3. You acknowledge that WEBCANDO.COM will bill your credit card prior to the Payment Interval you have chosen. You authorize automatic billing by WEBCANDO.COM on an on-going basis during the term of this Agreement.
3.4. WEBCANDO.COM will charge a $25 service charge per credit card chargeback transaction and a $25 service charge per returned check.
3.5. Delinquent accounts are those that remain unpaid at the beginning of the next Payment Interval. The Services will be suspended if your account is delinquent. Notwithstanding any other rights WEBCANDO.COM may have in this Agreement, all of your website contents will be destroyed if your account is delinquent for 60 days. WEBCANDO.COM accounts continue to accrue charges while they are delinquent or if the Services are suspended.
3.6. You acknowledge responsibility for your account until payment in full is made.
4. Acceptable Uses
4.1. Use and Misuse of the Services. All complaints of abuse, violation and misuse of the Services, whether described in this Section 4 or otherwise, shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please ask first: abuse@WebCanDo.com.
You are responsible for all use of your website, with or without your knowledge or consent.
You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited.
When WEBCANDO.COM becomes aware of possible violations of this Agreement, WEBCANDO.COM may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on WEBCANDO.COM's servers.
All accounts must refrain from averaging more then 10% of system resources.
It is against WebCanDo policy for any individual to swear at or make degrading comments to WebCanDo employees. If an individual deliberately directs any inappropriate or obscene expletive towards WebCanDo and or its employees, will constitute termination of service without refund.
WEBCANDO.COM, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD WEBCANDO.COM HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY WEBCANDO.COM AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM WEBCANDO.COM AS A RESULT OF WEBCANDO.COM'S DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF WEBCANDO.COM'S CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
4.2. Use and Misuse of Materials. Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain.
You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Pornography and sex-related merchandising, or links to such material, even if legal, are not acceptable uses of WEBCANDO.COM's servers. You may not post, upload or otherwise distribute copyrighted material on WEBCANDO.COM'S servers without the consent of the copyright holder.
Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX.
WEBCANDO.COM supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, WEBCANDO.COM will not substitute itself for a court of law in deciding tort claims raised by the third party.
4.3. Email Use. Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); passive spamming (promoting a website hosted by WEBCANDO.COM by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mail bombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generating a higher volume of outgoing mail than a normal user (over 10% of available system resources); propagating chain letters; and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. If you are repeatedly mail bombed or attract such behavior, the Services will be terminated.
You should not send email to any user who does not wish to receive it, either at WEBCANDO.COM or elsewhere. WEBCANDO.COM recognizes that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop.
You may not alter the headers of email messages to disguise their identity or to prevent users from responding to the messages. WEBCANDO.COM may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information.
You may not use WEBCANDO.COM e-mail servers/systems for e-mail membership services such as allowing anyone to signup for an e-mail account with your domain name that wishes. Your e-mail server/services are intended to be used for you, departments and employees within your organization/company. If you need e-mail membership services WEBCANDO.COM can recommend a few companies that offer this service.
Violations of the WEBCANDO.COM policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that WEBCANDO.COM resources are affected, WEBCANDO.COM staff may shut down your mailbox.
You may not use WEBCANDO.COM mail services, servers or components to send out mail from other sites or services that are not hosted with WEBCANDO.COM. You may not use WEBCANDO.COM mail services, servers or components to send out mail advertisements for other sites not pertaining to the website you are hosting with WEBCANDO.COM.
You may not use WEBCANDO.COM mail servers for bulk e-mailing unless arrangements have been made prior to each mail submission. WEBCANDO.COM staff may shut down your mailbox /site without warning if this occurs.
You may not use WEBCANDO.COM shared mail servers as an email storage facility. By storing your email on WEBCANDO.COM servers you do so at your own risk. WEBCANDO.COM suggests you download all mail content off of WEBCANDO.COM shared mail servers at the time of retrieval. As per section 1.5 WEBCANDO.COM does not backup mail data and is not responsible for loss mail data under any circumstances.
List Server Lists are permitted on certain packages. Large lists of more than 1500 members are not permitted without first consulting WEBCANDO.COM for approval. Use of this service is AS IS. WEBCANDO.COM does not provide support on the List Server service. WEBCANDO.COM will provide you with the URL of the List Server provider to review help and knowledge base articles to guide you with this service.
4.4. System Security. You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at WEBCANDO.COM or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on WebCanDo's servers; and (iv) ensure the confidentiality of Your password. WebCanDo's servers are not an archive and WebCanDo shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by WebCanDo are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. WebCanDo shall have no liability to You or any other person for Your use of WebCanDo products and/or services in violation of these terms.
If you are involved in violations of system security, WEBCANDO.COM reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. WEBCANDO.COM will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
4.5. System Resources. System abuse includes any use of WEBCANDO.COM resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space.
4.6 MySQL / MSSQL / Database Server. MySQL / MSSQL Server Database's are provided on some packages on an As IS basis. All database management and data management must be done by customer thorough an interface provided by customer or through the web interface provided by WebCanDo.com. Any additional services that are not available through customers interface or the WEBCANDO.COM web interface may be done by WebCanDo.com at the current hourly rate for these additional services. Any work, not limited to programming and repair, that is required of WEBCANDO.COM on customer database(s), other than database creation, is subject to the current hourly rate for these services. You are prohibited from using WebCanDo.com's SQL / Data servers from remote servers. Using WebCanDo.com's sql servers from remote servers is a violation of WebCanDo.com's terms and conditions. One example of the violation is you have a website hosted at another location and you are using WEBCANDO.COM's sql servers for storing the data. Connections outside of our Network is not permitted unless it is a program used to create and maintain your database like Enterprise Manager or comparable application.
5. WEBCANDO.COM's Right to Terminate Agreement
(a) WEBCANDO.COM reserves the right to suspend or terminate the Services to you and remove or prevent access to any material from your website at any time, without prior notice or liability, for any conduct that WEBCANDO.COM, in its sole discretion, believes violates this Agreement or is otherwise harmful to WEBCANDO.COM's interests or the interests of other accountholders. (b) WEBCANDO.COM also reserves the right to comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, interpleader or other judicial or equitable relief (and, pending such action, to suspend all access to your website) if any third-party claim is made that your website content or use violates any of the acceptable uses or your obligations or representations described in this Agreement.
6. Cancellation of Accounts
6.1. You may cancel your WEBCANDO.COM account by visiting (http://www.WebCanDo.com/contact.html). Charges for canceling accounts are not prorated on a monthly basis. No refunds are given on any accounts that are pre-paid in advance unless they are canceled within the first 30 days of when the account was established. The 30 day guarantee does not apply to reseller accounts.
6.2. All WEBCANDO.COM accounts must be paid in full before the cancellation will be considered complete.
6.3 When canceling an account, cancellations take effect immediately and do not continue for the amount of your term left on your account. WEBCANDO.COM does not give refunds on the remaining term left on an account that was canceled after the charges have been billed. WEBCANDO.COM will send out an invoice via e-mail 5 days prior to billing. Customer must inform WEBCANDO.COM of cancellation prior to the new billing date. Any charges that incurred after the billing date and cancellation are non-refundable. It is customer's responsibility to make sure that WEBCANDO.COM has accurate e-mail address / billing information on file for the invoices to reach you.
6.4. If your account is suspended or terminated for any reason permitted by this Agreement, WEBCANDO.COM may, at its sole discretion, permanently delete your website contents from WEBCANDO.COM servers, and WEBCANDO.COM will not be able to reopen or restore such content. If your account has been canceled or suspended due to a violation of our Terms and Conditions and Acceptable use policy no refunds will be given on any pre-paid term. Suspended or terminated accounts will incur a $75.00 reactivation fee to restore service.
7. Arbitration; Governing Law
7.1. Except for WEBCANDO.COM's compliance with take-down provisions of the DMCA or injunctive or other equitable actions initiated by WEBCANDO.COM pursuant to Section 5(b), if any controversy or dispute arises in connection with this Agreement, the Services or your use of WEBCANDO.COM's servers, such controversy or dispute shall first be presented for resolution by WEBCANDO.COM and you. If no resolution is reached within 7 days thereafter, then such controversy or dispute shall be resolved by binding arbitration in New Jersey, under the then-current rules of commercial arbitration of the American Arbitration Association. Each party shall select an arbitrator with expertise in computer law and the Internet, and these two arbitrators shall select the third arbitrator with such expertise. The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of New Jersey (without regard to conflicts of laws principles).
7.2 You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in the county of Morris, New Jersey for any action, suit or proceeding arising out of or relating to Section 5(b) of this Agreement and the arbitration contemplated by this Section 7.
You may not assign your rights and obligations under this Agreement without the prior written consent of WEBCANDO.COM, which may be withheld at WEBCANDO.COM's discretion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of WEBCANDO.COM to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by WEBCANDO.COM of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any action for any claim arising under, or in connection with, this Agreement must be commenced by you within one year after the alleged cause of action has accrued or after the date of termination of this Agreement, whichever is earlier. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision. No provision of this Agreement may be amended or modified by you except by means of a written document signed or expressly assented to by WEBCANDO.COM. All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive. This Agreement and the Online Order form, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and WEBCANDO.COM and supersede and govern all prior proposals, agreements, or other communications.
I have read and understand all said terms and conditions of this agreement.
I agree to fully abide by all conditions, rules, regulations described above and accept the terms with any active WebCanDo.com account.
Refund and Cancellation Policy for Google Checkout
1. Refund / Cancellation Policy.
No refunds for digital content services, such as software applications, web development, and configuration services.
A customer may cancel an order within the first 7 days of order, less a $ 99 cancellation fee. If the customer cancels the order and any work has been completed towards the service, the amount refunded will be pro-rated based on an hourly rate of $125.00 per hour, plus the $ 99 cancellation fee. The client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 7 days of order and emailed to firstname.lastname@example.org. I have read and understand all said terms and conditions of this agreement.
I agree to fully abide by all conditions, rules, regulations described above and accept the terms