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Terms

Posted February 7, 2013 by Brett Snyder
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1.1 “We” or “Us” refers to TopWebWorks.com or any party acting on the explicit instructions of TopWebWorks.com.
1.2 “You” or “Clients” refers to the person or persons purchasing services from TopWebWorks.com, or any party acting of the client’s instructions.
1.3 “Services” refers to any product or service sold, or provided free of charge, to You by Us.
1.4 “Server” means the computer server equipment operated by Us in connection with the provision of the Services.
1.5 “Account” means any one or more Services assigned solely to You, typically consisting of but not limited to Web Site Hosting.
1.6 “Web Site” means the area on the Server allocated by Us to You for use by You as a site on the Internet.
1.7 “CMS Site” means the complete website as is in the related estimate provided by TopWebWorks.com.

GENERAL
2.1 By ordering Services from Us You are, by default, agreeing to the Terms & Conditions as set out below.
2.2 TopWebWorks.com reserves the right to update these Terms & Conditions at any time without prior notice.
2.3 Clients wishing to cancel their Accounts should contact us.This e-mail address is being protected from spam bots, you need JavaScript enabled to view it.
2.4 Refunds will be given within the first 14 days of service in accordance with section 7, Money Back Guarantee.
2.5 TopWebWorks.com reserves the right to cancel Client Accounts at any time without notice.
2.6 TopWebWorks.com cannot be held liable or responsible for any loss or damage to Your business or that of any third party.

WEBSITE HOSTING & EMAIL
3.1 Hosting is provided by TopWebWorks.com through virtual private servers, and in the event of any problem we will use all reasonable endeavor to provide alternative hosting facilities as soon as possible, but cannot accept any liability for any loss accruing to the customer as a result of any downtime or loss of service experienced.
3.2 TopWebWorks.com make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and We shall have no liability for any loss or damage to any data stored on the Server.
3.3. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
3.4 You represent, undertake and warrant to TopWebWorks.com that You will use the web site allocated to You only for lawful purposes and, in particular, You represent, warrant and undertake to Us that:
3.4.1 You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will You authorize or permit any other person to do so;
3.4.2 You will not use Services for anything which is contrary to any legislation or statutory instrument which may be in force from time to time;
3.4.3 You will not post, link to or transmit:
3.4.3.1 any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way;
3.4.3.2 any material containing a virus or other hostile computer program;
3.4.3.3 any material which constitutes, or encourages the commission of, a criminal offense or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction – at all times, the assessment as to whether the content is suitable or unsuitable, remains entirely at the discretion of TopWebWorks.com ;
3.4 You will not send bulk email whether opt-in or otherwise from our network. Nor will You promote a web site hosted on our network using bulk email;
3.5 You will not employ programs which consume excessive system resources, including but not limited to processor cycles, data transfer and memory use;
3.6 any file You store on the Server will be reachable via a hyperlink from a page on your site. Only files directly related to your web site must be stored on the Server. You will not ‘archive’ files, the definition of which is solely defined by Us.
3.5 TopWebWorks.com reserves the right to remove any material deemed inappropriate from your web site without notice, including any Warez, Adult or illegal MP3 content.
3.6 The Hosting of MP3 files, or any other self created media is subject to a ‘signed release’ being mailed to TopWebWorks.com in advance of uploading such content to the Server, the said release including a list of all the files concerned and a statement confirming you are the sole copyright holder of such works.
3.7 The hosting of any form of Digital Video is strictly prohibited, and any Clients wishing to host video should discuss alternative arrangements with TopWebWorks.com prior to purchasing an Account.
3.8 You shall keep any identification, password and other confidential information relating to your Account secure and shall notify TopWebWorks.com immediately of any known or suspected unauthorized use of your Account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.
3.9 You shall observe the procedures which TopWebWorks.com may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
3.10 You shall ensure that all email is sent in accordance with applicable legislation, including data protection legislation, and in a secure manner.
3.11 In the case of an individual User, You warrant that You are at least 18 years of age and if the User is a company, You warrant that the Services will not be used by anyone under the age of 18 years.
3.12 Any access to other networks connected to TopWebWorks.com must comply with the rules appropriate for those other networks.
3.13 While TopWebWorks.com will use all reasonable endeavor to ensure the integrity and security of the Server, We do not guarantee that the Server will be free from unauthorized users or hackers and We shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
3.14 You must abide by the TopWebWorks.com policy for Acceptable Use.
3.15 TopWebWorks.com shall not be held responsible in the event of any file loss resulting from the failure of any of the Servers or Services We operate.
3.16 TopWebWorks.com make no guarantee that third-party software will run on the servers We operate.
3.17 You are not permitted to share or re-sell any resources allocated to you.
3.18 TopWebWorks.com reserves the right to access and monitor resources allocated to you and the content stored within, including but not limited to web space, databases and email accounts.
3.19 The amount of Email accounts, FTP accounts, and Databases are automatically based on the size of the purchased Client server space.Service Availability
4.1 TopWebWorks.com will use all reasonable endeavor to make available to You at all times the Server and the Services but We will not, in any event, be liable for interruptions of Service or down-time of the Server.
4.2 TopWebWorks.com reserves the right to suspend Services at any time and for any reason, generally without notice.
4.3 No more than one log-in session under any one Account may be used at any time by you – Clients with multiple Accounts, are limited to one login session per system Account at any time; user programs may be run only during log-in sessions and if your Account shows other activity in breach of this sub clause, TopWebWorks.com reserves the right to terminate any Services immediately.Payment
5.1 All charges payable by You for Services shall be in accordance with the scale of charges, rates and payment frequencies published from time to time on the TopWebWorks.com web site and shall be due and payable in advance of our Service provision – TopWebWorks.com reserves the right to change the pricing structure at any time although all pricing is guaranteed for the period of pre-payment.
5.2 All renewals will be made on our Terms & Conditions & Prices current at the time of the renewal, and while TopWebWorks.com will attempt to contact You prior to the renewal date, You are responsible for ensuring all payments are made by the due date.
5.3 All payments must be made in US Dollars.
5.4 Without prejudice to any other rights and remedies under these Terms and Conditions, if any sum payable is not paid on or before the due date, TopWebWorks.com will be entitled forthwith to suspend or cancel the provision of Services to you.
5.5 Late payments are subject to a 10% late fee.
5.6 After 30 days of non-payment per invoiced hosting account, your contained website/account will be removed from our servers.

TERMINATION
6.1 If You fail to pay any sums due to us as they fall due, TopWebWorks.com may suspend or cancel any Services without notice to You.
6.2 If You breach any of these Terms & Conditions, TopWebWorks.com may suspend or cancel any Services without notice to you.
6.3 If You are a company and You go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, TopWebWorks.com shall be entitled to suspend or cancel any Services without notice to you.
6.4 No refunds will be made for Services suspended in accordance with clauses 1, 2 and 3 of this Termination section.
6.5 TopWebWorks.com reserves the right to suspend Services at any time and in the event of this You will be entitled to a pro-rata refund based upon the remaining period of pre-payment.
6.6 You may cancel the Services at any time without refund. You would no longer have access to your hosted site files or server account.
6.7 TopWebWorks.com will be entitled to lock your web site and to remove all data where termination or suspension has occurred, no matter how that termination or suspension has occurred.

MONEY BACK GUARANTEE
7.1 Full refunds of any hosting monies paid minus the cost of the domain name, will be refunded, if requested, within the first 7 days only.
7.2 The Guarantee will not apply if more than 40% of allocated bandwidth has been consumed.
7.3 All custom install/design/development monies is nonrefundable. TopWebWorks.com will continue to work with YOU until the job is in accordance with the initial job estimate or until you cancel services.

BACKUPS
8.1 We provide the resources in your server Control Panel for You to also backup your site.
8.2 You are responsible for creating and maintaining adequate backups of your content. We take no responsibility if our backup system fails, you should have your own backup copy downloaded to your computer to be safe.

INDEMNIFICATION
9.1 You agree that You shall defend, indemnify, save and hold TopWebWorks.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against TopWebWorks.com , its agents, officers, employees and assignees, that may arise or result from any service provided or performed or agreed to be performed or any product sold.
9.2 You agree to defend, indemnify and hold harmless TopWebWorks.com against liabilities arising out of:
9.2.1 any injury to person or property caused by any products sold or otherwise distributed in connection with servers operated by TopWebWorks.com ;
9.2.2 any material supplied by customers infringing or allegedly infringing on the proprietary rights of a third party;
9.2.3 copyright infringement and
9.2.4 any defective products sold to customers from servers operated by TopWebWorks.com.

DISCLAIMER
10.1 TopWebWorks.com will not be responsible for any damages your business may suffer, including loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us or any third party acting on our behalf.
10.2 TopWebWorks.com expressly disclaims all and provides no representations or warranties in respect of this web site, its contents or the services provided by us.
10.3 TopWebWorks.com does not represent or warrant that the information accessible on or via this web site is accurate, complete or current.
10.4 All TopWebWorks.com hosting servers are specially tweaked and constantly updated for our specific advanced content management websites. We cannot guarantee our sites will be compatible on other 3rd party servers.

HEADINGS
11.1 Headings are included in these Terms and Conditions for convenience only and shall not affect the construction or interpretation of this Agreement.

LAW
12.1 These Terms & Conditions shall be governed by and construed in accordance with American law and you hereby submit to the non-exclusive jurisdiction of the American courts.

CMS SITE PACKAGES
13.1 TopWebWorks.com CMS Template Customization Services are for TopWebWorks.com clients only.

ENTIRE AGREEMENT
14.1 The above Terms & Conditions, together with any documents expressly referred to in them, contain the entire Agreement between TopWebWorks.com and You, the Client, relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals (written or oral) between us in relation to such matters. No oral explanation or information given by any party shall alter the interpretation of these Terms & Conditions.
14.2 In agreeing to these Terms & Conditions, you have not relied on any representation other than those expressly stated in these Terms & Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

LINKS
14.3 TopWebWorks.com reserves the write to remove any link without permission or warning.
14.4 TopWebWorks.com shall not be held responsible for other websites. Copying, republication or redistribution of content
14.5 Any copying, republication or redistribution of content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of TopWebWorks.com.
14.6 TopWebWorks.com shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon.

CONCLUSION
14.7 These Terms & Conditions do not affect your statutory rights as a consumer.
14.8 These Terms & Conditions are effective from 01/01/20013.
14.9 TopWebWorks.com holds to rights to amend it Terms and Conditions if and when necessary without priory consent.

Disclaimer

TopWebWorks.com will not be responsible for any damages your business may suffer, including loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us or any third party acting on our behalf. TopWebWorks.com expressly disclaims all and provides no representations or warranties in respect of this web site, its contents or the services provided by us. TopWebWorks.com does not represent or warrant that the information accessible on or via this web site is accurate, complete or current. All TopWebWorks.com hosting servers are specially tweaked and constantly updated for our specific advanced content management websites. We cannot guarantee our sites will be compatible on other 3rd party servers.