All clients must agree to our ToS and our AUP
BY SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY Web Services Desk YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. Please read these terms and conditions carefully, as they describe your legal rights and obligations. This agreement shall become effective as of the date of (1) your electronic signature on or acceptance of this agreement, (2) the activation of your account or (3) your receipt of an e-mail from Web Services Desk confirming your order, whichever happens first.
For the purposes of this Agreement:
1.1. “Acceptable Use Policy” shall mean Web Services Desk’s policies regarding Your use of Web Services Desk’s Services, as more fully set forth at
https://www.logicweb.com/company/aup, and which is incorporated herein by reference.
1.2. “Bandwidth” shall refer to the rate of data transmission in bits per second using Web Services Desk’s Equipment.
1.3. “Content” shall mean the downloadable files which are interpreted by a client web browser for display with or without plug-ins.
1.4. “Customer Service” shall refer to communication from us to You dealing with problems or questions relating to services provided by us to you.
1.5. “Fee” shall mean monies and other consideration You are obligated to pay to Web Services Desk for the right to use the Web Services Desk Services and Bandwidth subject to the terms and conditions of
this Agreement and of the particular Web Services Desk Services for which you have registered, as outlined on the then-current schedule of fees.
1.6. “International Customers” shall mean customers residing in or accessing the Web Services Desk Services from outside of the United States and Canada.
1.7. “Laws” shall mean the laws, statutes, and regulations then in effect of the United States of America and its various states and dependencies as well as the laws of Your country of residence or the country in which you use or access the Web Services Desk Services and the laws of any provinces, states or dependencies thereof.
1.8. “Web Services Desk’s Equipment” shall mean computer and telecommunications device, Internet access and/or transmission rights owned, operated, and/or maintained by Web Services Desk and/or Web Services Desk’ affiliates, agents, or assigns which provide the Web Services Desk Services.
1.9. “Web Services Desk, “us,” “we,” “our” and grammatical variants thereof shall collectively refer to Web Services Desk, Inc. a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, United States of America, located at 4509 Steeplechase Drive, Easton Pennsylvania 18040 and its assigns and successors in interest.
1.10. “Web Services Desk Services” shall mean the products and services provided by Web Services Desk and/or Web Services Desk’s affiliates, agents, or assigns at any given time, including but not limited to web hosting, e-mail, domain registration, bulk IP address leasing or purchasing, and any associated support services, which services may be changed, amended, and/or otherwise altered at any time in Web Services Desk’ sole discretion.
1.11. “Parties” shall collectively refer to Web Services Desk and You.
1.12.“Payment Account” shall refer to the credit card or PayPal account provided by You upon registration to pay for Your Services. Web Services Desk may add, delete, or modify the methods by which customers can pay for the Web Services Desk Services at any time without prior notice, in its sole discretion. Payments processed by PayPal are subject to PayPal’s terms and conditions of service, and Web Services Desk makes no representations or warranties with respect to those services.
1.13. “Suspend” or “Suspension” shall include the disabling of, releasing of, disabling of, and/or placing of a registrar lock on your domain name and the cessation of transmission of data to or from Your Web Site or via Your Services.
1.14. “Technical Support” shall refer to communications from us to You dealing with problems or questions relating to technical matters involving software or services provided by us to You.
1.15. “Web Site Space” shall mean a quantity of computer memory allocation, as outlined in the program description for Your Services, generally located on one or more computer storage devices and measured in units of megabytes (MBs) wherein data comprising Your Web Site is stored and is accessible by Web Services Desk’s web server equipment.
1.16. “You”, “your” and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or other beneficial interest.
1.17. “Your Data” shall mean any data, including but not limited to advertisements, documents, e-mails, images, movies, web pages, or other Content, related to your use of the Web Services Desk Services and stored on or transmitted by the Web Services Desk Equipment.
1.18. “Your Web Site” shall mean data transmittable via the Internet by Web Services Desk which is stored in your Web Site Space.
1.19. “Your Services” shall mean the specific Web Services Desk Services for which you have contracted, subject to the limitations and specifications of the particular service effective as of the date of contract and to the fees for those Web Services Desk Services.
Subject to and conditioned upon Web Services Desk’s retained rights and all other terms and conditions set forth in this Agreement, Web Services Desk offers the Web Services Desk Services as soon as practicable after registration for and payment of any and all fees due. You will receive a password, account and instructions upon completion of the registration process. You are responsible for maintaining the confidentiality of both your password and your account and are fully responsible for all activities that occur under your password and your account. You agree to immediately notify Web Services Desk of any unauthorized uses of the account or any other breaches of security. Web Services Desk cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Web Services Desk be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. The Web Services Desk Services are subject to the following conditions and restrictions:
2.1.1. Web Services Desk shall provide to you a non-transferable, revocable, non-sublicensable, non-exclusive and limited license to use the amount of Web Site Space allocated to Your Services for your non-exclusive use for the exclusive purpose of storing Your Web Site data and disseminating said data via the Internet through the use of Web Services Desk’s Equipment for purposes consistent with this Agreement.
2.1.2. Web Services Desk, either directly or through its assignee or licensee, shall provide Customer Service relating to Your Web Site consisting of replying to customer questions or complaints regarding services provided by us to you relating to Your Web Site. Web Services Desk is not obligated to provide any Customer Service except as specified in this Section 2. Any and all requests for additional Customer Service may be refused by Web Services Desk with or without reason. Any additional Customer Service which Web Services Desk may subsequently agree to provide to you shall be at Web Services Desk’s sole discretion and once commenced, may be terminated at any time by Web Services Desk without notice to you and without any liability to Web Services Desk. Notwithstanding the foregoing, Web Services Desk at its sole discretion may at any time alter or cease providing the Customer Service which it has agreed to provide to you relating to Your Web Site pursuant to this Agreement without any liability to Web Services Desk.
2.1.3. Web Services Desk, either directly or through its assignee or licensee, shall provide Technical Support relating to Your Web Site. Any and all requests for Technical Support may be refused by Web Services Desk with or without reason, in its sole discretion. Any Technical Support which Web Services Desk may subsequently agree to provide to you shall be at Web Services Desk’ sole discretion and once commenced, may be terminated at any time by Web Services Desk without notice to you and without any liability to Web Services Desk.
2.1.4. All use of Web Site Space and provision of services to you by Web Services Desk shall be subject to all terms and conditions set forth herein, including the Acceptable Use Policy. You may not attempt to expand or alter these rights or Web Services Desk’s services by entering into multiple agreements.
2.1.5. Unless provided otherwise in the specifications for your Services, Bandwidth use, including but not limited to data retrieval from your Web Site, e-mail traffic, and downloads, shall not exceed ____ gigabytes per month. Your combined mailbox use per account shall not exceed ______ gigabytes per month. You are responsible for monitoring your Bandwidth and mailbox use, and agree to check your e-mail and download or delete your e-mail on a regular basis in order to ensure compliance with this paragraph. Should you exceed your mailbox use limits Web Services Desk may return or reject any and all e-mails sent to you to the originating sender without liability to you. You agree that Web Services Desk may debit the Payment Account for usage in excess of permitted amounts at Web Services Desk’s then-current rates.
2.1.6. Some Web Services Desk Services may not be available to International Customers, and Web Services Desk reserves the right to alter, amend, or discontinue the provision of some or all of the Web Services Desk Services to International Customers in a particular market at any time in Web Services Desk’s sole discretion.
2.1.7. Web Services Desk may suspend performance under or terminate this Agreement, cease transmission of data associated with your domain name immediately and without notice, permanently remove Your Data from the Web Services Desk Equipment, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, to comply with the relevant Laws if it is informed or otherwise believes, in its sole discretion, that Your Web Site violates the intellectual property rights of any third party, violates the Acceptable Use Policy, or is otherwise the subject of a dispute. As more completely set forth in Sections 5, 6, and 9, you waive any and all claims you may have, now and forever, against Web Services Desk relating to the content, use, and operation of Your Web Site and agree to indemnify and hold harmless Web Services Desk from and against any such claims.
2.1.8. You are responsible for backing up Your Data on your own computer. Web Services Desk does not warrant or otherwise guarantee that it will back up your data or that data which has been backed up can be retrieved, and will not be responsible for any archiving or backup of Your Data. If any of Your Data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable due to termination or suspension of your account pursuant to this Agreement, Web Services Desk will have no obligation or liability to you.
2.1.9. Web host resellers who have sub-accounts that are suspended for more than 30 days may have those suspended accounts terminated (deleted) permanently including backups, without warning. It is your responsibility to back up any data for suspended accounts in that status for longer than 30 days.
2.2. Domain Name Registration
2.2.1. Should you choose to register a domain name through Web Services Desk, Web Services Desk will register a second level domain name on your behalf, provided such domain name is available for registration. Web Services Desk acts only as an intermediary between you and the organization providing the domain name, and has no influence over the assignment of domain names. The registration of your domain name is subject to the terms and conditions of those third-party registrars, and is also subject to the terms of the Uniform Domain Name Dispute Resolution Policy (“UDRP”). You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions of the UDRP in effect at the time of the dispute. Web Services Desk assumes no liability in the event the domain name is unavailable or otherwise not assigned to you, and does not warrant or guarantee that assigned domain names do not infringe the rights of third parties, or that you will retain the rights to that domain name for any period of time. Upon payment in full of any and all registration fees, Web Services Desk shall not own or otherwise legally control any domain name registered on your behalf. You agree that you are responsible for any and all fees and costs related to the registration of your domain name, and you authorize Web Services Desk to debit the Payment Account for any such fees and costs. Unless terminated, at the end of each term your domain name will automatically renew for an additional term, and you further authorize Web Services Desk to debit your Payment Account for the renewal fee associated with such renewal term and any related fees or charges. Should the Payment Account provider fail to honor such debit, Web Services Desk may, in its sole discretion, release, cancel, or otherwise dispose of or utilize Your domain name as it sees fit, with no obligation to You whatsoever.
2.2.2. You acknowledge and agree that Web Services Desk or its agents, assignees or licensees may associate any data of any kind, in Web Services Desk’s sole discretion, with the Domain Name registered in association with Your Web Site or any URL incorporating said Domain Name until you replace such data with Your Web Site, at such times as Your Web Site is no longer available, and upon termination for any reason, for as long as Web Services Desk or Web Services Desk’s agent, assignee or licensee continue to be listed as the hosting entity with the domain name registry used to register such Domain Name. This paragraph shall apply to any and all web pages generated by Web Services Desk or its affiliates, including but not limited to 404 error pages.
2.2.3. You represent and warrant that your domain name does not infringe the copyright, trademark, or any other intellectual property rights of any person or company and that your domain name is otherwise in compliance with the terms of this Agreement, in particular the provisions of Section 7.
2.2.4. You shall inform Web Services Desk of any claim or potential claim against your domain name, including but not limited to the initiation of a dispute under the UDRP, within five days of notification of same. Should you lose your right to use a domain name which is used in connection with the Web Services Desk Services, whether through expiration of the domain name, judicial decree, administrative decisions of the UDRP or otherwise, you agree to inform Web Services Desk immediately of the party to whom the domain name is to be transferred and you authorize Web Services Desk to take any and all action necessary to effect such transfer.
2.2.5. Web Services Desk will accept the transfer of domain names from other registrars, provided however, that you will be required to pay for an initial year of registration fees upon transfer. Domain names which have been prepaid for a period of more than one year but with fewer than nine years remaining may also be transferred, subject to the payment of an initial year of registration fees. An additional year will be added on to the remaining term of any transferred domain. Domain names with more than nine years remaining on the registration period may not be transferred. Upon the expiration of the one-year extension you will be charged an annual renewal fee for any subsequent renewal period. By requesting the transfer of your domain name you authorize Web Services Desk to debit your Payment Account for the one-year registration fee and any related fees or charges.
2.2.6. The Private Domain Registration Services offered by Web Services Desk are subject to the terms and conditions of Web Services Desk’s Private Registration Service (the “T&C Private Domain Registration”), which are incorporated herein by reference.
2.2.7. Web Services Desk may suspend performance under or terminate this Agreement, cease transmission of data associated with your domain name, permanently remove Your Data from the Web Services Desk Equipment, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, to comply with the UDRP or relevant Laws if it is informed or otherwise believes, in its sole discretion, that your domain name violates the intellectual property rights of any third party or is otherwise the subject of a dispute. As more completely set forth in Sections 5, 6, and 9, you waive any and all claims you may have, now and forever, against Web Services Desk relating to the registration, use, and subsequent transfers of your domain name and agree to indemnify and hold harmless Web Services Desk from and against any such claims.
2.3. Bulk IP Address Leasing
2.3.1. Should you choose to lease or purchase bulk IP addresses (“Bulk Addresses”) from Web Services Desk, Your use of the Bulk Addresses are subject to applicable Laws and the Acceptable Use Policy.
2.3.2. You shall inform Web Services Desk of any claim or potential claim against your use of any of the Bulk Addresses, within five days of notification of same.
2.3.3. You are solely responsible for determining the suitability of the Bulk Addresses for Your particular purposes, and for conducting any research or due diligence on the quality and history of the Bulk Addresses.
2.3.4. Web Services Desk may suspend performance under or terminate this Agreement, terminate your right to use the Bulk Addresses, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, to comply with relevant Laws if it is informed or otherwise believes, in its sole discretion, that your use of the Bulk Addresses is the subject of a dispute. As more completely set forth in Sections 5, 6, and 9, you waive any and all claims you may have, now and forever, against Web Services Desk relating to the registration and use of your Bulk Addresses and agree to indemnify and hold harmless Web Services Desk from and against any such use.
3.1. Certain Web Services Desk Services are subject to set-up, service, and domain service fees, pursuant to the Fee Schedule, and by registering for such Web Services Desk Services you authorize Web Services Desk to debit your Payment Account for any and all such fees.
3.2. The Fee is due monthly, in advance of the provision of services, not later than the first of that month. In the event that Web Services Desk determines that the services of a collection agency are necessary or appropriate to collect amounts due under this paragraph, which determination shall be made in Web Services Desk’ sole and unfettered discretion, any and all collection agency fees and other costs of collection shall be added to any amounts due under this provision.
3.3. All Fees must be paid in United States Dollars in advance of the provision of services. Web Services Desk will charge the monthly fee and any additional fees to the Payment Account, or send You an invoice for the subsequent monthly services, unless specifically provided otherwise. You also agree that Web Services Desk may automatically debit your Payment Account, without further authorization from you, for any renewal term, additional services, and any fees or expenses applicable to Your Services or Your Website, including but not limited to fees for excessive bandwidth use or other surcharges for services in excess of those included within Your Services or Your Web Site. If payment in full is not received by Web Services Desk from the provider of your Payment Account or its agents, you agree to pay all amounts due from you for Your Services upon demand by Web Services Desk.
3.4. Web Services Desk may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for Your Services. Any such promotions or modifications shall not affect your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Promotional fees and special offers may not be combined.
3.5. You shall pay all costs of collection, including reasonable attorney’s fees and costs, in the event any invoice requires collection efforts. All accounts referred to a collection agency shall be subject to an additional fee of $49.95, which must be paid in full before the account is reactivated.
3.6. International Customers bear the risk of currency fluctuations and any fees or taxes associated with the conversation of foreign currencies into United States Dollars. Certain Web Services Desk Services will not be available to International Customers until Web Services Desk is able to receive satisfactory confirmation from such customer’s Payment Account provider, in Web Services Desk’s sole discretion, that the funds will be available for debit from the International Customer’s account. Orders from International Customers will not be accepted unless the country provided in the contact information matches that on file for the Payment Account.
3.7. Upon cancellation of this Agreement you will NOT receive any prorated refund of any pre-paid fees for the remainder of any term. Fees for certain services, including but not limited to domain name registration and maintenance, set up fees, shipping and handling, SSL certificate and fees are not refundable unless provided otherwise by applicable local law. Web Services Desk may, in its sole discretion, refund other amounts as it deems necessary or advisable.
Receipt by Web Services Desk of data for storage in Web Site Space and/or transmission via Web Services Desk’s Equipment which are inconsistent with your warranties set forth in Section 7 herein shall not constitute an agreement by Web Services Desk to allow the Web Services Desk Services or the Web Services Desk Equipment to be used to disseminate such information or data in whole or in part, by any means, or if once disseminated via the use of Web Services Desk’s Services or Equipment, to continue to disseminate such data.
THE Web Services Desk SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE Web Services Desk SERVICES IS AT YOUR SOLE RISK. Web Services Desk DOES NOT WARRANT THAT (A) THE Web Services Desk SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, ANY SPECIFIC RESULTS MAY BE OBTAINED BY USE OF THE Web Services Desk SERVICES, OR THAT ANY BULK ADDRESSES WILL BE FREE OF ANY SPAM “BLACKLISTS.” NO WARRANTY IS MADE BY Web Services Desk REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND Web Services Desk HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO YOUR SERVICES AND YOUR WEB SITE; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Web Services Desk DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE Web Services Desk SERVICES WILL BE FREE OF VIRUSES, “WORMS”, “TROJAN HORSES”, OR OTHER HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU REGARDING THE POTENTIAL VOLUME OF PATRONAGE OF YOUR WEB SITE OR ANY OTHER PERSON’S OR ENTITY’S WEB SITE OR WEB PAGE.
YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT. IN NO CASE SHALL Web Services Desk, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO THE Web Services Desk SERVICES. SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH COUNTRIES, STATES OR JURISDICTIONS, Web Services Desk’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, Web Services Desk DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING THE Web Services Desk SERVICES, AND Web Services Desk WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES. YOU HEREBY RELEASE Web Services Desk FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. THE TOTAL LIABILITY OF Web Services Desk FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL SERVICE FEES PAID BY YOU TO Web Services Desk IN THE SIX MONTHS PRECEDING SUCH ALLEGED BREACH, BUT IN NO EVENT TO EXCEED $5,000.
7.1. You agree and warrant that the contact information you have provided to Web Services Desk is complete and accurate, and you further agree to notify Web Services Desk within fifteen days of a change to any such contact information. Contact information includes your full legal name, e-mail address, and mailing address and the name, mailing address, telephone number, facsimile number, and e-mail address of the technical and administrative contacts for your domain, if any.
7.2. You agree to provide Web Services Desk notice of any changes in the primary or secondary DNS address of your name servers, to the extent you have installed and are operating those name servers or to the extent your domain name is held by another registrar and po
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