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Terms & Conditions |
WebCreationz.Net
maintains this Web site as a service to its visitors. By
using this Web site, you agree to comply with and be
bounded to the following terms and conditions. Please
review the following terms and conditions carefully. If
you do not agree to these terms, you have no right to
obtain information from or otherwise use this Web site.
Failure to use this Web site in accordance with the
following terms of use may subject you to severe civil and
criminal penalties.
This Agreement constitutes the entire and only agreement
between WebCreationz.Net and you. This agreement
supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with
respect to WebCreationz.Net, the content, products, and
services provided by or through WebCreationz.Net, and the
subject matter of this Agreement. This Agreement may be
amended at any time by us from time to time without
specific notice to you. You should review this Agreement
prior to each use of WebCreationz.Net.
The products, content, graphics, design, and other matters
related to WebCreationz.Net are protected under applicable
copyrights. The copying, redistribution, use or
publication of any such matters or any part of
WebCreationz.Net is strictly prohibited except by special
agreement between WebCreationz.Net and you. You do not
acquire ownership rights to any content, product or other
matters viewed and delivered through WebCreationz.Net. All
the copyrights for WebCreationz.Net products as stated in
WebCreationz.Net Terms of Use are reserved.
1) WebCreationz.Net is only responsible for
implementing the project as specified in interview and
project description. If the customer wishes to make
additional changes he should request an additional quote,
otherwise he agrees to accept the template running result.
2) WebCreationz.Net has a right to cancel the
order in the following cases:
a) The client does not give WebCreationz.Net all the
data necessary for customization;
b) The client demands unreasonable revision of the
order.
c) WebCreationz.Net billing officers suspect the
payment to be fraud.
3) WebCreationz.Net has the right to set an extra
price quote if the client wishes to make additional
project changes which were not stipulated before and were
not stated in the project description.
4) WebCreationz.Net does not guarantee to
complete tuning to schedule specified in Preliminary Term
of Delivery. Breaks in production may happen because of
customer's activity (i.e. the client doesn't give
WebCreationz.Net all the data necessary for customization
or gives false contacts).
5) WebCreationz.Net has a right to request
authentication of the cardholder (such as a scanned image
of the credit card without its numbers and credit card
statement) if WebCreationz.Net billing officers suspect
the payment to be fraud.
6) As soon as the customer receives the download
link and accepts the result the project is considered to
be implemented successfully and isn't to be reviewed or
revised.
LICENSE
Our website grants you non-exclusive limited license to
use the web templates and other products sold through our
web site by independent content providers (the "products")
in accordance with these Terms and Conditions (the
"license") issued by our company.
a) LIMITED USAGE GRANTED
You may use each individual product on a single website
only, belonging to either you or your client. You have to
purchase the same template once more in order to make
another project with the same design
b) MODIFICATIONS
You are authorized to make any necessary modification(s)
to our products to fit your purposes.
c) UNAUTHORIZED USE
You may not place any of our products, modified or
unmodified, on a diskette, CD, website or any other medium
and offer them for redistribution or resale of any kind
without prior written consent from our company.
d) ASSIGNABILITY
You may not sub-license, assign, or transfer this license
to anyone else without prior written consent from
www.WebCreationz.Net
e) OWNERSHIP
You may not claim intellectual or exclusive ownership to
any of our products, modified or unmodified. All products
are property of independent content providers. Our
products are provided "as is" without warranty of any
kind, either expressed or implied. In no event shall our
juridical person be liable for any damages including, but
not limited to, direct, indirect, special, incidental or
consequential damages or other losses arising out of the
use of or inability to use our products.
OUR REFUND POLICY
Since WebCreationz.Net is offering non-tangible
irrevocable goods we do not issue refunds after the
product is shipped, which you are responsible for
understanding upon purchasing any article at our site.
Please make sure that you've carefully read 'sources
available' section. We only make exceptions with this rule
when the product appears to be not-as-described on a case
by case basis in agreement of the parties concerned. The
deadline for any refund claim is one week after the
delivery date
Privacy Policy
WebCreationz.Net pledges that the information you enter
will not be shared with any outside party without your
expressed consent (does not include fraud cases) and that
any e-mails you receive from WebCreationz.Net will be
related to your order.
1. AGREEMENT.
In this Web Hosting Service Agreement ("Agreement") "you" and
"your" refer to each customer, "we", us" and "our" refer to
WebCreationz.Net. "Services" refers to the services provided by us,
including our web hosting services. This Agreement explains
our obligations to you, and explains your obligations to us
for various Services. By selecting our Services you have
agreed to establish an account with us for such Services. When
you use your account or permit someone else to use it to
purchase or otherwise acquire access to additional Services or
to cancel your Services (even if we were not notified of such
authorization), this Agreement covers such services or
actions. By using the Services under this Agreement, you
acknowledge that you have read and agree to be bound by all
terms and conditions of this Agreement and any pertinent rules
or policies that are or may be published by us.
2. FEES, PAYMENTS AND BILLING POLICIES.
As consideration for the services you have selected, you agree
to pay us the applicable service fees. All fees payable
hereunder are non-refundable except those fees covered by the
"30 Day Money Back Guarantee". As further consideration for
the Services, you agree to: (1) provide certain current,
complete and accurate information about you as required by the
registration process and (2) maintain and update this
information as needed to keep it current, complete and
accurate. All such information shall be referred to as account
information ("Account Information"). You hereby grant us the
right to disclose to third parties as needed to maintain your
services. By submitting to this Agreement, you represent that
the statements you have made in are true and you will not use
our Services for any unlawful purpose.
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2a. FEES and PAYMENTS. All fees are
payable in Indian Rupees. All payments are due on your
account's Anniversary Date (See Section 2b, "Billing Cycle",
for more information). All charges made
to your credit card will be posted from "CCAvenue.Com/Avenues"
on your credit card statements.
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2b. BILLING CYCLE. All payments are due
on your account's Anniversary Date. Your account's
Anniversary Date is the date that your account was created.
Your account will be billed according to the billing cycle
chosen when you purchased your service(s).
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2c. CANCELLATION POLICY. Services will
automatically expire if it is not renewed. If you do
not wish to renew your Monthly, Quarterly or Annual Service
agreement you must cancel your account by entering a ticket
to our Customer Service department. A
cancellation refers to the removal of user materials from
our systems and the deactivation of services. You will be
required to pay any outstanding charges owed. Please be
aware that there are no pro-rated refunds after the first 30
days of service regardless of billing cycle. Domain Name
Registrations CANNOT be cancelled. As the purchaser of the
Domain Name you are the Domain Name's owner until the term
of the Domain Name's registration has expired.
WebCreationz.Net
will not automatically cancel services for problems related
to registrar transfers, non-usage, your ISP, or any other
issues not directly related to WebCreationz.Net's services.
WebCreationz.Net reserves the right to cancel any account at any
time without notice, for any reason WebCreationz.Net deems
appropriate.
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2d. BILLING DISPUTES AND BANK CHARGE BACKS.
All Bank Disputes and Bank Issued Charge Backs result in the
complete cancellation of your account. All Bank Disputes and
Charge Backs are reported to the issuer's Credit Agency. If
a Charge Back is made on domain name registration or renewal
fees, you forfeit all ownership and administrator rights to
the domain name(s). In the event that a Charge Back was made
in error, you will be charged a Rs.400.00 reinstatement fee for
each credit card charge back received by WebCreationz.Net before
your services and/or domain name will be reactivated.
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2e. SERVICE CHANGES. You are allowed to
change your Web Site Hosting package once for free. An
example of changing your service means moving from an FTP
account to a FrontPage account or from Monthly billing to
Yearly billing. After moving once you will be charged
Rs.100.00
per alteration.
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2f. 30 DAY MONEY BACK GUARANTEE. Most
services offered by WebCreationz.Net carry a 30 Day Money Back
Guarantee. If you are not completely satisfied with our
services, you will receive a full refund during the first 30
days after the service was added. The following fees do not
qualify for the 30 Day Money Back Guarantee: domain name
registrations, domain name renewals, file transfer
(bandwidth) overage fees, and setup fees.
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2g. BILLING/PRICE CHANGES.
WebCreationz.Net
reserves the right to change billing prices and policies at
any time without notice.
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2h. BILLING FOR ADDITIONAL FILE TRANSFERS.
WebCreationz.Net automatically bills customers for excess file
transfer ("bandwidth") usage. Customers are allocated a set
amount of file transfer with their hosting service depending
on the package level purchased. If you exceed the amount of
file transfer you receive as part of your package we will
suspend your account and you have to buy more bandwidth. You will
be billed Rs.50.00 per MB over quota. This charge is
incurred without notification. The overage is calculated by
monitoring the amount and size of the files transferred from
your account. These charges are made at the sole discretion
of WebCreationz.Net and are non disputable.
3.
ILLEGAL USE. WebCreationz.Net servers may be used for
lawful purposes only. Transmission, storage, or distribution
of any information, data, or material in violation of any
state or national law or regulation is prohibited. This
includes, but is not limited to: copyrighted material;
trademarks; trade secrets or other intellectual property
rights used without proper authorization; material that is
obscene, defamatory, constitutes an illegal threat, or
violates export control laws. Any violation of any state or
national law or regulation will result in immediate
cancellation of your services. By participating in any illegal
activity, you give up your right to privacy. Any illegal
activity that is brought to the attention of any employee of
WebCreationz.Net will be forwarded to state and/or national
authorities as required by law.
4. SECURITY. Violations of system or
network security are prohibited and may result in criminal and
civil liability. Examples include but are not limited to the
following: unauthorized access, use, probing, or scanning of
systems security or authentication measures, data, or traffic;
interference with service to any user, host, or network
including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system, broadcast attacks;
forging of any TCP-IP packet header or any part of the header
information in an email or a newsgroup posting.
5. SERVER ABUSE. Any attempts to
undermine or cause harm to a WebCreationz.Net's server or customers
are strictly prohibited. This includes the abusive sending of
unsolicited email, also known as "Spam". (See Section 7, "Spam
Policy", for more information.)
6. CUSTOMER
CONDUCT. You are solely responsible for the contents
of your transmissions through WebCreationz.Net. Your use of the
WebCreationz.Net service(s) is subject to all applicable local,
state and national laws and regulations. You agree: (1) to
comply with US law regarding the transmission of technical
data exported from the United States through WebCreationz.Net; (2)
not to use WebCreationz.Net for illegal purposes; (3) not to
interfere or disrupt networks connected to the
WebCreationz.Net;
and (4) to comply with all regulations, policies and
procedures of networks connected to WebCreationz.Net. You agree not
to transmit through WebCreationz.Net's service(s) any unlawful,
harassing, libelous, abusive, threatening, harmful, or
otherwise legally objectionable material of any kind or
nature. You further agree not to transmit any material that
encourages conduct that could constitute a criminal offense,
give rise to civil liability or otherwise violate any
applicable local, state or national law or regulation.
Attempts to gain unauthorized access to other computer systems
are prohibited. You shall not interfere with another
customer's use and enjoyment of the WebCreationz.Net's service(s)
or another entity's use and enjoyment of similar services.
WebCreationz.Net may, at its sole discretion, immediately terminate
your service or any agreement with us should your conduct fail
to conform to these terms and conditions.
7.
SPAM POLICY. Sending unsolicited bulk and/or
commercial messages over the Internet (known as "spamming") is
prohibited, regardless of whether or not it disrupts services
to WebCreationz.Net customers. The term "spamming" also includes,
but is not limited to engaging in spamming using the service
of another ISP and referencing in the spam a web site hosted
on a WebCreationz.Net server. WebCreationz.Net investigates all reports
of Spam submitted
via our
email form to report abuse. Should evidence of spam
activity be found, all services relating to the spam activity
will result in termination without notice. WebCreationz.Net
reserves the right to determine, in its sole and absolute
discretion, what constitutes a violation of this provision.
8. COPYRIGHT VIOLATIONS & INTELLECTUAL
PROPERTY VIOLATIONS. You agree not to engage in any
activity that infringes or misappropriates the intellectual
property rights of others, including copyrights, trademarks,
service marks, trade secrets, software piracy, and patents
held by individuals, corporations, or other entities. Also,
you agree to not engage in activity that violates privacy,
publicity, or other personal rights of others.
WebCreationz.Net is
required by law to remove or block access to customer content
upon receipt of a proper notice of copyright infringement in
accordance with the Digital Millennium Copyright Act (DMCA).
It is also WebCreationz.Net's policy to terminate the privileges of
customers who commit repeat violations of copyright laws.
9. ACTIONS TAKEN BY WebCreationz.Net. Your
failure to meet or follow any of the Terms and Conditions set
forth by WebCreationz.Net is grounds for account deactivation.
WebCreationz.Net will be the sole arbiter as to what constitutes a
violation of its Terms and Conditions. WebCreationz.Net reserves
the right to remove any account without prior notice. When
WebCreationz.Net becomes aware of an alleged violation of its Terms
and Conditions, WebCreationz.Net will initiate an investigation.
During the investigation, WebCreationz.Net may restrict a
customer's access in order to prevent further potentially
unauthorized activity. Depending on the severity of the
violation, WebCreationz.Net may, at its sole discretion, restrict,
suspend, or terminate a customer's web hosting account and/or
pursue other civil remedies. If such violation is a criminal
offense, WebCreationz.Net will notify the appropriate law
enforcement authorities of such violation.
10.
MODIFICATIONS TO AGREEMENT. You agree, during the
period of this Agreement, that we may: (1) revise the terms
and conditions of this Agreement; and (2) change the services
provided under this Agreement. Any such revision or change
will be binding and effective immediately on posting of the
revised Agreement or change to the service(s) on our web site,
or on notification to you by e-mail or regular mail as per the
Notices section of this agreement, Section 23. You agree to
review our web site, including the Agreement, periodically to
be aware of any such revisions. If you do not agree with any
revision to the Agreement, you may terminate this Agreement at
any time by submitting a cancellation ticket in accordance
with our Cancellation Policy (See Section 2c, "Cancellation
Policy", for more information). Notice of your termination
will be effective on receipt and processing by us. You agree
that, by continuing to use the Services following notice of
any revision to this Agreement or change in service(s), you
abide by any such revisions or changes.
11.
MODIFICATIONS TO YOUR ACCOUNT. In order to change any
of your account information with us, you must use your Account
Identifier and Password that you selected when you opened your
account with us. Please safeguard your Account Identifier and
Password from any unauthorized use. In no event will we be
liable for the unauthorized use or misuse of your Account
Identifier or Password.
12. ANNOUNCEMENTS.
We reserve the right to distribute information to you that is
pertinent to the quality or operation of our services and
those of our service partners. These announcements will be
predominately informative in nature and may include notices
describing changes, upgrades, new products and services
offered by WebCreationz.Net or Third Parties or other information
to add security or to enhance your identity on the Internet.
By accepting these Terms and Conditions and by using
WebCreationz.Net's Services you agree to our stated
Privacy Policy.
13. LIMITATION OF LIABILITY. You agree that our
entire liability, and your exclusive remedy, with respect to
any Services(s) provided under this Agreement and any breach
of this Agreement is solely limited to the amount you paid for
such Service(s). We and our contractors shall not be liable
for any direct, indirect, incidental, special or consequential
damages resulting from the use or inability to use any of the
Services or for the cost of procurement of substitute
services. Because some states do not allow the exclusion or
limitation of liability for consequential or incidental
damages, in such states, our liability is limited to the
extent permitted by law. We disclaim any and all loss or
liability resulting from, but not limited to: (1) loss or
liability resulting from access delays or access
interruptions; (2) loss or liability resulting from data
non-delivery or data mis-delivery; (3) loss or liability
resulting from acts of God; (4) loss or liability resulting
from the unauthorized use or misuse of your Account Identifier
or Password; (5) loss or liability resulting from errors,
omissions, or misstatements in any and all information or
services(s) provided under this Agreement; (6) loss or
liability resulting from the development or interruption of
your Web site or email service. You agree that we will not be
liable for interruption of business, or any indirect, special,
incidental, or consequential damages of any kind (including
lost profits) regardless of the form of action whether in
contract, tort (including negligence), or otherwise, even if
we have been advised of the possibility of such damages. In no
event shall our maximum liability exceed one thousand(Rs.1000.00)
Rupees.
14. INDEMNITY. You agree to
release, indemnify, and hold us, our contractors, agents,
employees, officers, directors and affiliates harmless from
all liabilities, claims and expenses, including attorney's
fees, of third parties relating to or arising under this
Agreement, the Services provided hereunder or your use of the
Services, including without limitation infringement by you, or
someone else using the E-mail Service with your computer, of
any intellectual property or other proprietary right of any
person or entity, or from the violation of any of our
operating rules or policy relating to the service(s) provided.
When we are threatened with suit by a third party, we may seek
written assurances from you concerning your promise to
indemnify us; your failure to provide those assurances may be
considered by us to be a breach of your Agreement and may
result in termination of our Services to you.
15. BREACH. You agree that failure to abide by any
provision of this Agreement, any operating rule or policy
provided by us, may be considered by us to be a material
breach and that we may provide a written notice, describing
the breach, to you. If within thirty (30) calendar days of the
date of such notice, you fail to provide evidence, which is
reasonably satisfactory to us, that you have not breached your
obligations under the Agreement, then we may terminate our
Services, including but not limited to our web hosting
services, without further notice. Any such breach by you shall
not be deemed to be excused simply because we did not act
earlier in response to that, or any other breach by you.
16. NO GUARANTY. You agree that, by registration or
reservation of your chosen domain name, such registration or
reservation does not confer immunity from objection to the
registration, reservation, or use of the domain name.
17. DISCLAIMER OF WARRANTIES. You
agree and warrant that the information that you provide to us
to register for our Services is, to the best of your knowledge
and belief, accurate and complete, and that any future changes
to this information will be provided to us in a timely manner
according to the modification procedures in place at that
time. You agree that your use of our Services is solely at
your own risk. You agree that such Service(s) is provided on
an "as is," "as available" basis. We expressly disclaim 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. We make
no warranty that the Services will meet your requirements, or
that the Service(s) will be uninterrupted, timely, secure, or
error free; nor do we make any warranty as to the results that
may be obtained from the use of the Service(s) or as to the
accuracy or reliability of any information obtained through
the our e-mail service or that defects in the Services
software will be corrected. You understand and agree that any
material and/or data downloaded or otherwise obtained through
the use of the our e-mail service is done at your own
discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that
results from the download of such material and/or data. We
make no warranty regarding any goods or services purchased or
obtained through the e-mail service or any transactions
entered into through the e-mail service. No advice or
information, whether oral or written, obtained by you from us
or through the e-mail service shall create any warranty not
expressly made herein. Some jurisdictions do not allow the
exclusion of certain warranties, so some of the above
exclusions may not apply to you.
18.
REVOCATION. You agree that we may terminate your
right to use our Services if the information that you provided
to register for our Services, or subsequently to modify it,
contains false or misleading information, or conceals or omits
any information we would likely consider material.
19. RIGHT OF REFUSAL. We, in our sole
discretion, reserve the right to refuse to host your website
or register you for other Services, or to terminate the
Services we provide you within thirty (30) calendar days from
receipt of your payment for such services. In the event we do
not host your website or register you for other Services
within such thirty (30) calendar day period, we agree to
refund your applicable fee(s). You agree that we shall not be
liable to you for loss or damages that may result from our
refusal to host your website or register you for other
Services.
20. SEVERABILITY. You agree
that the terms of this Agreement are severable. If any term or
provision is declared invalid or unenforceable, that term or
provision will be construed consistent with applicable law as
nearly as possible to reflect the original intentions of the
parties, and the remaining terms and provisions will remain in
full force and effect.
21. NON-AGENCY.
Nothing contained in this Agreement shall be construed as
creating any agency, partnership, or other form of joint
enterprise between the parties.
22. NON-WAIVER. Our failure to
require performance by you of any provision hereof shall not
affect the full right to require such performance at any time
thereafter; nor shall the waiver by us of a breach of any
provision hereof be taken or held to be a waiver of the
provision itself.
23. NOTICES. Any
notice, direction or other communication given under this
Agreement shall be in writing and given by sending it via
e-mail or via regular mail. In the case of e-mail, valid
notice shall only have been deemed to be given when the sender
has obtained an electronic confirmation of delivery. E-mail
notice shall be sent to you at the e-mail address you have
provided in your registration application or as updated from
time to time. Mail shall be sent to us at WebCreationz.Net Web
Hosting Services, c/o Santhosh Kumar; Chittakattu, Kummannoor,
Kidangoor Po, Kottayam, Kerala - 686572, and mail shall be sent
to you at the mailing address you have provided in your
registration application or as updated from time to time.
24. ENTIRETY. You agree that this
Agreement and the rules and policies published by us are the
complete and exclusive agreement between you and us regarding
our Services. This Agreement supersedes all prior agreements
and understandings, whether established by custom, practice,
policy or precedent.
25. GOVERNING LAW.
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND
ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF KERALA
APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE
OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT
IN KOTTAYAM, KERALA AND YOU IRREVOCABLY CONSENT TO THE
JURISDICTION OF SUCH COURTS.
26. INFANCY. You attest that you are
of legal age (18 years or older) to enter into this Agreement.
27. DOMAIN NAMES. Individual Top
Level Domains carry their own Terms and Conditions from the
Domain Servicing Company.
28. DESIGN
SERVICES. WebCreationz.Net Designed Web Sites are the sole
property of WebCreationz.Net. By purchasing such service you are
purchasing a limited license to use the Web Site Designs for
the purchase of displaying a single web site on the
WebCreationz.Net Web Hosting infrastructure. You may not
sub-license, assign, sell or transfer this license to anyone
else without prior written consent from WebCreationz.Net.
29. ACCEPTANCE OF AGREEMENT. YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL
ITS TERMS AND CONDITIONS. |
