OC-Web-Design.Com – Universal Terms of Service Agreement.
These terms and conditions are by and between Website Promoters LLC, you, your heirs, agents, successors, and assignees, and are effective as of the date of electronic execution. Herewitherto explains your obligations to Website Promoters LLC relating to the software and services you use or purchase. These terms and conditions, as well as any additional Websitepromoters.com (Website Promoters LLC) policies, together with all modifications to it, constitute a complete and exclusive contract between you and (Website Promoters LLC) concerning your use of OC-Web-Design.com (Website Promoters LLC) Software and Services and supersede and govern all prior proposals, agreements, or other communications. All Website Promoters LLC policies and agreements specific to software and service are incorporated herein and made part of this contract. You acknowledge by purchasing services from Website Promoters LLC that you understand and agree to all terms and conditions and any new, different, or additional terms, conditions, or policies that Website Promoters LLC may establish from time to time. Also, any agreements that Website Promoters LLC is currently bound by or will be bound by in the future. You may view the latest version of this Agreement Online. You also agree to be bound by the terms of this contract for transactions entered into on Your behalf. You acknowledge that OC-Web-Design.com (Website Promoters LLC) accepts any application made by you for Services provided by Websitepromoters.com (Website Promoters LLC) will take place at Website Promoters LLC, Yorba Linda, California, United States of America.
1. TERMS OF AGREEMENT.
You agree that Website Promoters LLC may modify these terms, conditions, and services from time to time. You agree to be bound by any changes Website Promoters LLC may reasonably make to this contract when such changes occur. If You have purchased services or software from Website Promoters LLC, the terms of this contract shall continue in full force and effect as long as you take advantage of and use Website Promoters LLC (websitepromoters.com) software or services. If you terminate your usage, Website Promoters LLC will refund a prorated amount of unused services as determined solely by Website Promoters LLC. You agree that Website Promoters LLC shall not be bound by any representations made by third parties you may use to purchase Services from Website Promoters LLC. Also that any statement of a general nature, which may be posted on OC-Web-Design.com or contained in OC-Web-Design.com promotional materials, will not bind OC-Web-Design.com (Website Promoters LLC). Sporadically OC-Web-Design.com (Website Promoters LLC) may offer promotions with different charges and features.
2. ACCURATE INFORMATION.
You agree that we may use the information we collect in any way which we deem necessary to help us provide our services to you.
Social Media. Our website includes social media features (such as the Facebook-like button). These features may collect your IP address and which page you visited on our website and set a cookie to enable the feature to function.
Log Files. We use IP addresses to analyze trends, administer our site and servers, track access, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Personal information could be in the log files due to the normal functions of IP addresses and Web browsing.
Service Providers. Website Promoters LLC (Websitepromoters.com) has Business relationships with various third-party suppliers. These include but are not limited to Hostgator.com, GoDaddy.com, and WHMCS. We may transfer (or otherwise make available) your personal information to third parties that help us provide our services. For example, we may use service providers to authorize and process payments, administer surveys, or run promotions. Your personal information may be maintained and processed by our third-party service providers in the United States or other jurisdictions. We provide the information our service providers need to perform their designated functions, and we do not authorize them to use or disclose personal information without our written permission.
Online Advertisements. We do not share personally identifiable information about individual customers with advertisers. We may display online advertisements and share aggregated and non-identifying information about our customers that we collect.
Domain Registration. In certain jurisdictions, the Internet Corporation for Assigned Names and Numbers (ICANN), the contact information you provide to us to register a domain name is made available and accessible to the public through a WHOIS search. This WHOIS database is publicly accessible and contains various information that lists the Domain Name Registration Information for a particular domain name. This registry includes but is not limited to the domain name creation and expiration dates and the contact information of the person listed as contact information regarding the domain. The server IP address is also in the registry. This Domain Name Registration Information you provided us is maintained using third-party companies hosted by Website Promoters LLC or a third-party service provider and is made available to the public through publicly available WHOIS information requests.
OC-Web-Design.com will not share your confidential information with outside third parties, except as needed to provide our services and as required by law. You will hold Websitepromoters.com (Website Promoters LLC), its Members, Officers, Employees, and Third-party outside suppliers harmless concerning our requirements to comply with the Laws of the United States and any other entity or authority.
4. ACCOUNT SECURITY.
You agree that you are entirely responsible for maintaining the confidentiality of your customer login, password, and other information associated with your account. You agree that you are responsible for all activities under Your account. You agree to notify OC-Web-Design.com immediately of any unauthorized use of your account or any other security breach. You agree that Oc-Web-Design.com will not be liable for any losses you may incur because of someone else using your account access information, either with or without your knowledge. You further agree that you will be held liable for losses incurred by Oc-Web-Design.com (Website Promoters LLC) or another party due to someone else using your account access information.
5. NO UNLAWFUL CONDUCT OR IMPROPER USE.
As a condition of Your use of Services and Software through OC-Web-Design.com, you agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions. You also agree to comply with applicable local, state, federal, and international laws, government rules, or requirements. Oc-Web-Design.com always reserves the right to disclose any information as Oc-Web-Design.com deems necessary to satisfy applicable laws, regulations, legal processes, or governmental requests, or to edit, refuse to post, or remove any information or materials, in whole or in part, in the sole discretion of Oc-Web-Design.com. If you have purchased products or services, Websitepromoters.com (Website Promoters LLC) has no obligation to monitor Your use of the services. Websitepromoters.com (Website Promoters LLC) reserves the right to review your use of services and cancel services at its sole discretion if it feels your account violates any laws or terms of service. Websitepromoters.com (Website Promoters LLC) reserves the right to terminate your access to the services at any time, without notice, for any reason whatsoever if it believes your account has been compromised or used illegally. Except as set forth below, Websitepromoters.com (Website Promoters LLC) may also immediately cancel your use of services. If you are using the services, as determined by Websitepromoters.com (Website Promoters LLC) in its sole discretion, in association with spam or morally objectionable activities.
6. NO SPAM; LIQUIDATED DAMAGES.
You agree that OC-Web-Design.com may immediately terminate any account if it believes, in its sole discretion, it has connections to any transmission of any spam or unsolicited bulk email. Any account is not allowed to transmit more than 500 outgoing emails per day! If you need to send more than 500 outgoing emails within a single day, you must contact us and agree to use and pay for a custom account designed for more email traffic. Attempting to send more than 500 emails within a day is considered spam on our listed hosting accounts! Additionally, you agree to pay Website Promoters LLC liquidated damages of $2 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account. You agree to pay the actual damages to Website Promoters LLC if the actual damages can be determined and exceed $2.00. You agree to a $100 charge to Website Promoters LLC if it is required to utilize any of its assets to research any alleged use of OC-Web-Design.com equipment to send spam or unsolicited bulk email. You understand this $100.00 charge is a service charge and is in addition to any liquidated damages required to pay because of OC-Web-Design.com findings. You have acknowledged having read and understood and have agreed to be bound by the terms and conditions of Websitepromoters.com Anti-spam Policy, available here. Such terms and conditions apply to the use of all Website Promoters LLC Software and Services and are incorporated herein.
7. INTELLECTUAL PROPERTY.
Unless otherwise indicated, you agree that OC-Web-Design.com or its licensor holds all rights, title, and interest in all Software and Services and all intellectual property, including other rights related to intangible property. You acknowledge no title or interest in such Intellectual Property Rights. You agree to no claim in any interest in any such Services or Software.
8. FEES AND PAYMENT.
For the Software or Services purchased and provided to you by OC-Web-Design.com, you agree to pay Website Promoters LLC when you place the order.
9. Paypal and (Coinbase)Bitcoin.
By using the Website Promoters LLC pay by PayPal option, Inc. (PayPal) option (Pay by PayPal), you can purchase Websitepromoters.com (Website Promoters LLC) Software and Services using PayPal. You agree and understand that Websitepromoters.com (Website Promoters LLC) is not associated with Paypal or its parent company and that you are responsible for all aspects of your use of the Paypal service. You further agree that Websitepromoters.com (Website Promoters LLC) will be held harmless for any loss or damages you may sustain resulting from using the Paypal service.
By using the Bitcoin option of the Pay by Bitcoin option, you can purchase Websitepromoters.com (Website Promoters LLC) Software and Services using Bitcoin. You agree and understand that OC-Web-Design.com is not associated with the Bitcoin Foundation to which Coinbase belongs or any other entity which may use, accept, or promote Bitcoin or its parent company. You are responsible for all aspects of using the (Coinbase) Bitcoin service. You further agree that OC-Web-Design.com will be held harmless for any loss or damages you may sustain resulting from your use of the (Coinbase) Bitcoin service.
10. DOMAIN NAME REGISTRATION.
You understand that OC-Web-Design.com does not provide Domain Name registration services directly from OC-Web-Design.com. Website Promoters LLC also operates http://www.ocwebservices.com. This website offers automated services that facilitate Domain Names Registration needs for customers. Ocwebservices.com utilizes the services of an outside third-party vendor (GoDaddy.Com), for which Website Promoters LLC is an authorized reseller. You understand that any transactions you make through ocwebservices.com are not associated with Website Promoters LLC directly in any way. Furthermore, you acknowledge that Website Promoters LLC is not responsible for any problems, errors, or losses that could result from their services.
11. LIMITATION OF LIABILITY.
IN NO EVENT SHALL (Website Promoters LLC) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED. Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In these states, the liability of Website Promoters LLC is limited to the full extent permitted by law. You agree that in no event shall Website Promoters LLC have maximum aggregate liability exceed the total amount paid by you for the particular Software or Service in dispute purchased from Websitepromoters.com (Website Promoters LLC) during the last 12 months.
12. DISCLAIMER OF WARRANTIES.
Websitepromoters.com (Website Promoters LLC) expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Websitepromoter.com (Website Promoters LLC) products and services are provided on an “As Is” and “As Available” basis. Websitepromoters.com (Website Promoters LLC) makes no warranty that its services will meet your requirements, that the services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. Websitepromoters.com (Website Promoters LLC) does not warrant, nor make any representations regarding the use, results of, or any of the services provided, in terms of accuracy, reliability, or other attributes. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that the above disclaimer may not apply to you.
You agree to defend, indemnify and hold harmless OC-Web-Design.com and its contractors, agents, employees, officers, directors, members, and affiliates from any loss, liability, damages, or expense, including reasonable attorneys’ fees, resulting from any third-party claim, action, proceeding or demand related to Your (including Your agents’ affiliates, or anyone using Your account, software or services with Websitepromoters.com (Website Promoters LLC). You agree to indemnify and hold OC-Web-Design.com harmless from any loss, liability, damages, or expense, including reasonable attorneys’ fees, arising from any breach of any representation or warranty provided herein. Negligence or willful misconduct by You, or any allegation that Your account infringes a third person’s copyright, trademark, proprietary or intellectual property right, or misappropriates a third person’s trade secrets. This indemnification is in addition to any indemnification required of you elsewhere herein. Should OC-Web-Design.com be notified of a pending lawsuit or receive notice of a lawsuit filing, OC-Web-Design.com may seek written confirmation concerning your obligation to indemnify OC-Web-Design.com from you. Your failure to provide such a confirmation could be considered a violation of the terms of service and policies. You agree that OC-Web-Design.com shall have the right to adjudicate such claims through counsel of its choosing. You agree to notify OC-Web-Design.com of any such claim promptly in writing and to allow OC-Web-Design.com to control the proceedings. During such proceedings, you agree to cooperate fully with Websitepromoters.com (Website Promoters LLC). You agree you will not be entitled to any refund of any fees paid to OC-Web-Design.com if, for any reason, OC-Web-Design.com takes corrective action concerning your improper or illegal use of its services. OC-Web-Design.com may take whatever action it deems necessary regarding further modification, assignment of, and control of your account until this dispute settles if OC-Web-Design.com receives the notification of such a complaint from a governmental, administrative, or judicial body.
14. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
This contract between the parties falls within the jurisdiction of the State of California, United States of America. You agree that the laws and judicial decisions of Orange County, California, and the United States of America determine construction, interpretation, and legal effect. You agree that disputes that may arise from this contract will result in a settlement before the courts of Orange County, California, United States of America. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement. You also agree that all disputes not settled through negotiation will result in “Binding Arbitration” in Orange County, California, The United States of America. You agree that all parties to any “Binding Arbitration” will pay their fees.
You agree that all notices (except for notices concerning breach of this contract) from OC-Web-Design.com may appear on Oc-Web-Design.com. A violation of the terms of service will result in a notification to the email or postal address you have on file with Websitepromoters.com (Website Promoters LLC). In either case, delivery shall be made five (5) days after the date sent. Notices from you to OC-Web-Design.com (Website Promoters LLC) shall be either by email, sent to the address provided on the OC-Web-Design.com (Website Promoters LLC) Web site, or first-class mail to the address: Website Promoters LLC, Attn: Legal Counsel, 650 N. Rose Drive #332, Placentia, CA 92870
16. ENTIRE AGREEMENT.
You agree that this contract and all its policies previously referenced constitute the complete Agreement between You and Websitepromoters.com (Website Promoters LLC) regarding the Services contemplated herein.
The failure of OC-Web-Design.com (Website Promoters LLC) to enforce any of the provisions referenced above or its incorporated agreements and policies against you or others shall not be construed as a waiver of the right of OC-Web-Design.com (Website Promoters LLC) afterward to enforce such provisions.
18. FORCE MAJEURE.
OC-Web-Design.com (Website Promoters LLC) makes every effort to keep its websites and services operational. However, technical difficulties and other factors outside its control may sporadically result in temporary service interruptions. You agree not to hold Websitepromoters.com (Website Promoters LLC) liable for any of the consequences of such interruptions.