Terms of Service Agreement
This Services Agreement (the "Agreement") contains the complete terms and conditions which govern
your subscription of Web hosting, e-commerce and other Internet-related services provided by Williamson Design (the
"Services"). As used in this Agreement, "Williamson Design" means Williamson Design and "Client",
"you" or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have
read the Agreement, and you agree to its terms and conditions and all policies posted on the Williamson Design Site. As referred
to in this Agreement, "Site" refers to a World Wide Web site and "Williamson Design Site" refers to the
Site located at the URL: http://www.williamson-design.com/, or any other successor
Sites owned or maintained by Williamson Design.
- APPROPRIATE USE OF THE SERVICES.
Williamson Design provides the Services exclusively and makes no effort to edit, control, monitor or restrict the
content of data other than as necessary to provide such Services.
- Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by
Client - or through Client by a third party - to any Williamson Design server in connection with Client's use of the Services
- violate any state, federal or foreign laws or regulations;
- infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights)
of Williamson Design or any third party;
- are defamatory, slanderous or trade libelous;
- are threatening or harassing;
- are discriminatory based on gender, race, age or promotes hate
- violate any Williamson Design policy posted on the Williamson Design Site including, but not limited to,
our Hosting Policies, Abuse and Policy
Violations, Refund Policy
and Restore Policy.
- contain viruses or other computer programming defects which result in damage to Williamson Design or any
- Bandwidth. Client may occupy only the amount of disk space on the Williamson Design Server and utilize no more than
the network bandwidth which is allotted by Williamson Design. Client may be charged a penalty for over-utilization of
either disk space or network bandwidth.
- No "Spam". Client shall not use the Services for chain letters, junk
mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in
such a process. Client also shall not engage in any unsolicited email practices at Williamson Design, or otherwise, that
mention or reference any domain hosted on Williamson Design servers or parked on Williamson Design DNS servers.
- Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's
use of the Services.
- Back-Up Files. Client will have the ability to reinstate files which are automatically archived by Williamson Design;
however, Williamson Design does not guarantee the existence, accuracy, or regularity of its backup services and, therefore,
Client is responsible for making back-up files in connection with its use of the Services.
- Termination. Williamson Design, in its sole discretion, may immediately terminate this Agreement if Client engages
in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please
contact us here.
- Use By Minors. Williamson Design Systems does not sell its products and services to minors under the age of 18.
Williamson Design Systems sells such products and services to adults, who can purchase with a credit card. Minors under
the age of 18 may purchase such products and services of Williamson Design Systems only with the involvement of a parent or
guardian in the transaction.
- PAYMENT OBLIGATIONS
- Service Fees. By the Seventh (7th) of each month, Williamson Design shall either (i) debit Client's credit card (where such
information is provided by Client) or (ii) deliver by e-mail or regular mail an invoice to Client in accordance with the
applicable Services fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall
remit payment to Williamson Design by no later than the specified payment due date. Williamson Design shall be entitled to
immediately terminate this Agreement for Client's failure to make timely payments to Williamson Design. Certain services carry
a set-up fee charged by Williamson Design to Client that must be paid by Client in order to have use of the Services. If Client
terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to
Williamson Design and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis,
Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus,
for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire
month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year, bi yearly or in 3
month and has pre-paid Williamson Design for such Services, Client agrees that no refunds will be issued for any unused portion
of the Services regardless of when Client cancels the Services. Therefore, if Client's account is cancelled at any point during
the one (1) year term, Client will not be entitled to a pro-rated refund.
- Domain Names. If Client chooses to register a domain name(s) through Williamson Design, Client acknowledges and agrees that
Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Williamson Design
does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
- CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Williamson Design be liable to any
third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees
to defend, indemnify and hold harmless Williamson Design from any and all expenses, losses, liabilities, damages or third party
claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
- TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be effective
on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified
by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either
party will have the right to terminate this Agreement upon notice to the other party. Should the client wish to terminate
this Agreement, Client must send a cancellation request to our support department by filling out
our Contact form. Such cancellation request must include the
Client's name, username, and contact information. Client is responsible to remove files from the server before the last
business day of the respective day for which cancellation is requested. All accounts are cancelled as soon as the client submits
the Contact form. Williamson Design will not be held responsible
for any files deleted on that day. The cancellation procedure is subject to change without notice.
Client will pay and indemnify and hold Williamson Design harmless from any and all taxes associated with or
arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection
or withholding thereof.
- DISCLAIMER OF WARRANTY
THE SERVICES, THE Williamson Design SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND
SERVICES DISPLAYED OR OFFERED ON THE Williamson Design SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO
CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. Williamson Design DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
WITH RESPECT TO EACH OF THE FOREGOING , WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Williamson Design
SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3)
THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL Williamson Design BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA,
PROFITS, USE OF THE Williamson Design SITE OR ANY Williamson Design PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT,
PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED
HEREUNDER. IN NO EVENT SHALL Williamson Design' CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN ONE DOLLAR ($1 US).
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any
applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect
and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or
addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes
all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the
subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred,
assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Williamson Design. Any
waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither
be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In
any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs,
expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by and construed in accordance
with the laws of State of New Jersey, U.S.A., regardless of its choice of law provisions. The state and federal courts located
in the county of Hunterdon, New Jersey, will have exclusive jurisdiction. This Agreement and Williamson Design' policies are
subject to change by Williamson Design without notice. Continued usage of the Services after a change to this Agreement
by Williamson Design or after a new policy is implemented and posted on the Williamson Design Site constitutes your acceptance
of such change or policy. We encourage you to regularly check the Williamson Design Site for any changes or additions.
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