Terms of Service Policy

All users of WebWorks, Inc.’s dba WebWise Design and Marketing services, and all customers upon signing up for any WebWise Design and Marketing services, agree to comply with WebWorks, Inc.’s Terms of Use (“TOU”). The spirit of the TOU is to ensure customers are using WebWorks, Inc.’s services with due regard to the rights of other Internet users and in conformity with the requirements of WebWorks, Inc.’s hosting and network environment. The TOU are not exhaustive and WebWorks, Inc. reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.webwisedesign.com or notification of the modified TOU. Any complaints about a customer’s violation of the TOU should be sent to contact@webwisedesign.com. The TOU supersedes any other agreement with WebWorks, Inc. dba WebWise Design and Marketing (Hereafter, WebWise), whether written, oral, by conduct, or otherwise.

    1. Account Eligibility
      1. By registering for or using any WebWise Services, you represent and warrant that:
        1. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
        2. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
      2. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. WebWise is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our team via email at support@webwisesupprt.com, or update your contact information via the WebWise Support Desk. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
      3. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
    2. User Content
      1. You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to WebWise that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.Solely for purposes of providing the Services, you hereby grant to WebWise a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, WebWise does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
      2. WebWise exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through WebWise’s computers, network hubs and points of presence or the Internet. WebWise does not monitor User Content. However, you acknowledge and agree that WebWise may, but is not obligated to, immediately take any corrective action in WebWise’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that WebWise shall have no liability due to any corrective action that WebWise may take.
      3. You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. WebWise does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
    3. Third Party Products and Services
      1. Third Party Providers
        WebWise may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.WebWise does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. WebWise is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
      2. WebWise as Reseller or Licensor
        WebWise may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-WebWise  Products”). WebWise shall not be responsible for any changes in the Services that cause any Non-WebWise  Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-WebWise  Products, either sold, licensed or provided by WebWise  to you will not be deemed a breach of WebWise ‘s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-WebWise  Product are limited to those rights extended to you by the manufacturer of such Non-WebWise  Product. You are entitled to use any Non-WebWise Product supplied by WebWise only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-WebWise Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-WebWise Product, or any technical data derived there from, in violation of any applicable law, rules or regulations.
      3. Third Party Websites
        The Services may contain links to other websites that are not owned or controlled by WebWise  (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
    4. Prohibited Persons (Countries, Entities, And Individuals).
      1. The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services.  Unless otherwise provided with explicit permission, WebWise  also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.
    5. Account Security, Modifications and WebWise Provided Systems
      1. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
      2. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. WebWise  may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
      3. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. WebWise may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
      4. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by WebWise of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, WebWise may clean-up your account for an additional fee.
      5. WebWise may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, scripts, code, data, hardware, equipment, or portions or components thereof, used to provide customers with WebWise’s services. Certain changes to WebWise’s services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and WebWise is not liable, for any and all such personalized applications and content, except as expressly agreed to by WebWise.
      6. Except where WebWise has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and WebWise is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with WebWise services.
    6. Backups and Data Loss
      1. Your use of the Services is at your sole risk. WebWise’s backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at WebWise’s sole discretion. WebWise does not maintain backups of dedicated accounts. WebWise is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on WebWise’s servers.
    7. WebWise’s Intellectual Property
      1. A.Users or Customers will not, without WebWise’s express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on WebWise’s website(s), and customers will not use any of WebWise’s trademarks, service marks, copyrighted materials, or other intellectual property without WebWise’s express written consent. Customers will not, in any way, misrepresent their relationship with WebWise, attempt to pass themselves off as WebWise, or claim that customers are WebWise.
    8. Indemnification
      1. You agree to indemnify, defend and hold harmless WebWise, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
    9. Limited Warranty
      THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, WEBWORKS, INC. AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. HOSTGATOR AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. HOSTGATOR AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
    10. Changes to the Agreement
      1. WebWise may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the WebWise website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
      2. WebWise reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Billing and Payments: Please see WebWorks, Inc. dba WebWise Design and Marketing (WebWise) Customer Billing Policy