Terms of Service
Last updated: September 17, 2011
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
This w3 Global Solutions General Terms of Service ("Service Terms") is provided to you ("Customer") in connection with the w3 Global Solutions service that Customer has purchased (the "Service").
These terms and conditions comprise the entire agreement between Customer and w3 with respect to the Service.
Payment
In exchange for payment, w3 will provide the requested services, so long as the client abide by the terms and conditions set out within this document.
We will provide the services according to the specifications set forth during the proposal process.
Unless stated in writing otherwise, all fees and charges are non-refundable.
Privacy
We take your privacy seriously.
We will not sell, share, or provide your information to any person, company, or organization without written consent from the client.
We will take reasonable steps to secure your information.
More information can be found in our Privacy Policy at this link: w3globalsolutions.com/privacyPolicy.php
Modifications to this Terms and Conditions Document
Due to our evolving business, and the changing nature of our industry, these terms of service may change.
We will post the changes here, and they will take effect when posted; your continued use of the service means you accept the changes we have made.
We shall not be liable to Customer or any third party should w3 exercise its right to modify or discontinue the Service.
Customer's use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications.
Acceptable Use
For w3 to maintain its high standards of service, we will not provide services to those that are using our services for:
- Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.
- Use involving files or other data that infringes on another's copyright or other intellectual property rights.
- Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
- Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.
- Uploading or linking to any content that violates another's right of publicity or privacy.
- Any actions that violate federal, state, or local laws.
- Hosting, storing, or distributing any material that, in our judgment, could be considered adult content, threatening, illegal, or violates our terms of service in any manner. If any such content is found and brought to our attention, your account will be eligible for termination and if applicable, the proper law enforcement agencies will be notified.
- Storing, distributing, or displaying any data that is unrelated to your contract with w3.
Data Responsibility
Customer agrees that prior to w3 providing any service involving Customer data that it is the Customer's responsibility to
(1) back-up the data, software, information or other files stored on Customer's computer disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and
(2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer's product.
Customer agrees that whether or not Customer requests back-up services from w3, w3 shall not be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media.
Limitations of Service
Here at w3, we make every attempt to provide our services in accordance with our 99.9% uptime pledge.
w3 shall not be liable for any failure or delay in performance due to any cause beyond its control.
Indemnification
Customer agrees to indemnify, defend, and hold harmless w3 (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys' fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by w3 by reason of, or arising from:
(a) Customer's breach of this Agreement;
(b) Customer's actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person;
(c) Customer's actual or alleged failure to promptly pay sums due w3;
(d) Customer's failure to comply with applicable laws, regulations or ordinances; or
(e) the acts or omissions of Customer (or its officers, directors, employees or agents).
Limitation of Liability
w3 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF w3 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER.
Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law.
