Terms & Conditions

Design, Development and Managed software hosting service agreement

The following agreement (“Agreement”) contains the complete terms and conditions that will apply between you (“Customer”) and WEVIO INC (“WEVIO”), a business office and address at 295 Madison Avenue, 12th Floor, New York, NY 10017, if all of the following conditions are met: (1) you read and agree to the terms and conditions of the Agreement and indicate your acceptance of the terms and conditions of the Agreement by clicking “I Agree” at the Order Page; (2) you fully and correctly submit all information requested of you in the following Order Form; and (3) you submit proper payment pursuant to Section 3, of this Agreement. This Agreement shall become effective on the date (the “Effective Date”) that payment is received and accepted by WEVIO INC.

WEVIO IS WILLING TO PROVIDE DESIGN, DEVELOPMENT SERVICES, MANAGED SOFTWARE HOSTING SERVICE AND HOSTING SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS HEREIN, WEVIO IS UNWILLING TO PROVIDE SERVICES TO YOU.

WHEREAS, WEVIO INC has developed, owns and markets proprietary, Internet-based website builder managed software solution – Online shop software solutions, online catalog software solution, other web related managed software services and offers web site hosting services on the Internet; and WHEREAS Customer wishes to make use of the Web solutions and retain the web site hosting services of WEVIO INC;

WHEREAS Customer wishes to purchase the web design and development services of WEVIO INC; NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements herein contained, WEVIO INC and Customer agree as follows:

1. DEFINITIONS

A. “Customer’s Content” means any computer programs, designs, data, video or audio materials, graphics or other materials and all material developed, purchased, or otherwise acquired by Customer that is published, made available or otherwise used in conjunction with Customer’s Web Site and all other materials provided by Customer to WEVIO INC. Customer’s Content includes, but is not limited to, end user data collected by Customer, and information regarding merchandise or services sold by Customer through its Web Site.

B. “Hosting Services” means the services described in Section 2.A of this Agreement.

C. “Software” means the WEVIO INC Website software – WEBSITE SOLUTION, ONLINE SHOP SOLUTION, ONLINE CATALOG SOLUTION, current release version, including any updates provided by WEVIO INC, and WEVIO INC’s proprietary technology and source code.

D. “WEVIO INC’s Content” means any and all material developed by WEVIO INC and made available for use by Customer, including any designing of Customer’s Web Site, and templates prepared by WEVIO INC for use by Customer.

E. “Web Site” means Customer’s Internet presence, identified by the domain name provided by Customer.

F. “Deliverables” means any work designed, created, and/or produced by WEVIO INC in connection with this Agreement and as further set forth in the Statement of Work.

G. “Statement of Work” means the information provided by Customer to WEVIO INC in responses to the Design Preferences Form.

H. “Development Services” means the services described in Section 2 of this Agreement.

I. “Custom Work Product” means all designs, discoveries, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information, and materials made, conceived, or developed by WEVIO INC after the Effective Date on behalf of Customer in furtherance of the Web Site or other Services provided to Customer under the terms of this Agreement, and paid for by Customer. Custom Work Product does not include any preexisting software owned by WEVIO INC, or any Customer Content or any third party software products incorporated into the Custom Work Product.

J. “Generic Modules” means discrete computer program subroutines that are not specific to the functions of the Custom Work Product but are useful generally in WEVIO INC’s business and that are designated as “Generic Modules” in writing signed by both parties.

K. “WEVIO INC Technology” means any and all existing software, technology, know how, algorithms, procedures, techniques, and solutions associated with the use, design, development, testing, and distribution of the Custom Work Product and improvements to such existing software and related technology, which technology is owned by WEVIO INC or its suppliers and used by WEVIO INC in the development effort hereunder.

L. “Intellectual Property” means intellectual property or proprietary rights, including but not limited to copyright rights, moral rights, patent rights (including patent applications and disclosures), rights of priority, mask work rights, and trade secret rights, recognized in any country or jurisdiction in the world.

2. SOFTWARE AND HOSTING SERVICES

A. Hosting Services. WEVIO INC shall provide storage for the Software, and content of Customer’s Web Site and make it available for end-users to access;

B. Service Levels. WEVIO INC shall provide the Hosting Services in substantial compliance with the hosting functionality service levels set forth in the SLA.

C. Service Level Warranty. WEVIO INC guarantees that the network will be available 99% of the time in a given month. This service level warranty shall not apply to performance issues: (1) to the extent caused by factors outside of WEVIO INC’s reasonable control; (2) that resulted from any actions or inactions of Customer or any third parties not affiliated with WEVIO INC; (3) that resulted from Customer’s equipment and/or third party equipment; (4) that resulted from software related issues; or (5) that are scheduled by WEVIO INC for purposes of maintaining or updating the Web Site or the Software. Upon experiencing downtime, WEVIO INC will refund a customer 5% of the monthly fee for each 30 minutes of downtime (up to and not to exceed 100% of customer’s monthly fee). Network downtime exists when a particular customer is unable to transmit and receive data and WEVIO INC records such failure in the WEVIO INC trouble ticket system. Network downtime is measured from the time the trouble ticket is opened by the customer to the time the server is once again able to transmit and receive data. If Customer fails to comply with this requirement, Customer forfeits its right to a receive service credit.

3. WEB SITE DEVELOPMENT SERVICES

A. Development Services. WEVIO INC agrees to provide web site development, and related services that substantially comply with the Statement of Work.

B. Testing. WEVIO INC will provide Customer with a link to the Deliverables. Customer shall have 14 days after WEVIO INC provides the link to inspect and test the Deliverables to determine if it conforms to the Statement of Work. If the Deliverables fail to materially conform to the specifications in the Statement of Work, Customer shall give WEVIO written notice of the failure describing the defect in the Deliverable with sufficient specificity so as to allow WEVIO INC to easily identify and rectify the failure. Such specificity should include specific page, file or URL references and detailed information about the nature of the defect.

C. Time to Cure. WEVIO INC shall then have 30 days to remedy such failure or defect and redeliver such Deliverables to Customer. Customer shall have 14 days after WEVIO INC redelivers to inspect and test the Deliverables to determine if it conforms to the Statement of Work. If the Deliverables continue to fail to materially conform to the specifications in the Statement of Work, then: (i) either Party may terminate this Agreement; or (ii) if both Parties agree, WEVIO INC will be given an opportunity to cure any defects in accordance with this section.

D. Acceptance. The Deliverables shall be deemed to be accepted (a) upon written notice by Customer to WEVIO INC of such acceptance or (b) upon expiration of the time period for Customer’s inspection without written notice to WEVIO INC that the Customer believes the Deliverables fail to conform to Specification in the Statement of Work. Customer shall not unreasonably withhold or delay acceptance.

4. FEES

A. Fees. In consideration of the Design and Development Services, Customer will pay to WEVIO INC all fees due according to the prices and terms listed in the order invoice. All sales are final, and WEVIO INC offers no partial or full refunds. Only time customer can request a refund is during the 1st design draft approval(1st revision). Customer will receive a refund of 70% of the total project. Once 1st design draft(1st revision) is approved then there is absolutely no refund.

B. Change in Fees. WEVIO INC may change its fee schedules on sixty (60) days notice by postal mail, electronic mail, or by posting the same on WEVIO INC’s own Web Site. Upon such notice, Customer shall have thirty (30) calendar days prior to the effective date of the fee schedule to notify WEVIO INC by certified postal mail should it not agree to such rate increase and that Customer wishes to terminate this Agreement.

C. Payment. Design, Development and setup fees are due immediately .WEVIO INC will invoice Customer once a month for software and hosting services and all payments are due within five (5) days after WEVIO INC submits its invoice. The first software and hosting fee will be pro-rated for total days in first month, where applicable. After first month, software and hosting fee is due in full on the 1st of each month. If a payment is returned or rejected by WEVIO INC’s bank, or incurs additional costs for WEVIO INC (e.g., bank fees) for any reason, then Customer shall pay a service fee of $40 and reimburse all such fees and costs incurred by WEVIO INC, and Customer shall be immediately deemed to be in default of this Agreement. Accounts not paid in full by the tenth day after WEVIO INC submits its invoice may have their service interrupted or terminated, but any interruption does not relieve Customer from the obligation to pay all fees due to WEVIO INC, including the monthly account charge. Accounts and all amounts in default are subject to a late payment charge of 1.5% per month, or the maximum amount permitted by law, whichever is less, until fully paid. If Customer defaults, Customer agrees to pay WEVIO INC its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights.

D. Taxes. All fees charged by WEVIO INC for the Hosting Services are exclusive of all taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Hosting Services, all of which Customer will be responsible for and will pay in full, except for taxes based on WEVIO INC’s net income. If WEVIO INC is required to pay directly any such taxes, Customer will, upon receipt of WEVIO INC’s invoice, promptly reimburse WEVIO INC for any such taxes paid by WEVIO INC.

5. SUBLICENSE

Customer may not sublicense or resell any of WEVIO INC’s Software or Hosting Services to any third parties without the prior written permission of WEVIO INC. As an example, Customer may not provide Web Hosting services to any third party without WEVIO INC’s prior written permission. Any attempts to do so would be considered a material breach and grounds for termination of this Agreement.

6. USE OF CUSTOMER’S NAME AND TRADEMARKS

Customer hereby grants WEVIO INC a non-exclusive right and license to use Customer’s name and such of Customer’s trade names, trademarks, and service marks (collectively, ‘Customer’s Marks’) as are listed on Customer’s Content or otherwise provided to WEVIO INC in connection with this Agreement (a) on WEVIO INC’s own Web Sites, (b) in printed and online advertising, publicity, directories, newsletters, and updates describing WEVIO INC’s Services, and, (c) in applications reasonably necessary and ancillary to the foregoing. Customer may use WEVIO INC’s trade name, trademarks, and service marks (collectively, ‘WEVIO INC’s Marks’) in advertising and publicity in conjunction with the offering of Customer’s Content via WEVIO INC, provided that Customer shall submit copy to WEVIO INC for its prior written approval, and provided further that under no circumstances shall such use imply that WEVIO INC endorses, sponsors, certifies, approves or is responsible for Customer’s Content. Notwithstanding the foregoing, Customer need not obtain WEVIO INC’s prior written approval where use of WEVIO INC’s Marks is limited to inclusion in a list of systems via which Customer’s Content is available.

7. TERM AND TERMINATION

A. Term. The term of this Hosting Services Agreement shall begin on the Effective Date, and shall continue on a month to month basis, unless either Party gives the non-terminating Party Thirty (30) days notice of its election to terminate this Agreement.

B. Termination For Breach. Each Party shall have the right to terminate this Agreement upon Fifteen (15) days prior written notice if the other Party is in material breach of any term of this Agreement, including without limitation the payment of monies, and the breaching Party fails to remedy such breach within the fifteen day notice period.

C. All sales are final, and WEVIO INC generally offers no partial or full refunds. However, the sole time that a customer can request a refund is upon receipt of the 1st design draft for approval. If the customer requests a refund at that point it will be issued based upon the cost of the total project. Seventy (70%) percent of the total cost will be used as the base figure. If the customer has paid more than said seventy (70%) percent, the customer will be issued a refund for the amount that exceeds seventy (70%) percent of the total project cost. This is so because WEVIO INC incurs significant cost prior to rendering to the customer of the 1st design draft. If the customer wishes to proceed with the project and returns the 1st design draft to WEVIO INC, rather than requesting a refund, no refund will be available to the customer from that point forward. In addition, if the customer fails to communicate with WEVIO INC for thirty (30) days or more from the date of the submission to the customer of the 1st design draft, it will presumed that the customer has found the 1st design draft to be acceptable, and no refund will be available to the customer from that point forward. Finally, if the customer fails to communicate with WEVIO INC for 180 days or more from the date of submission of the 1st design draft to the customer for approval, upon 30 days written notice to the customer it will be presumed that the customer has abandoned its project and any monies paid to WEVIO INC will be deemed due WEVIO INC for the work it had produced prior to abandonment of the project by the customer.

8. ACCEPTABLE USE POLICIES

A. Acceptable Use Policy. WEVIO INC maintains on its Web site WEVIO INC’s then-current Acceptable Use Policy (‘AUP’). Customer agrees to abide by the AUP. WEVIO INC may modify its AUP at any time, and shall post the then-current AUP on WEVIO INC’s Web site, which will be effective upon posting.

B. End Users to Comply with AUP. Customer acknowledges that WEVIO INC may terminate an end user’s access to Customer’s Web Site for noncompliance with WEVIO INC’s AUP. WEVIO INC may thus terminate such end user’s access to Customer’s Content even if the end user has not violated Customer’s own terms and conditions of use of its Web Site. WEVIO INC acknowledges that Customer may terminate a User’s access to Customer’s Content for noncompliance with Customer’s terms and conditions.

9. SECURITY

Customer acknowledges that the Internet is not a secure or completely reliable system, and that the purpose of the Hosting Services is to allow end users easy access to Customer’s Content. WEVIO INC will take those precautions WEVIO INC deems reasonable in its sole discretion to secure Customer’s Web Site from attack, but WEVIO INC makes no warranty that there will be no outages or interruptions of service, or that Customer’s Content will be secure against attack of any form by end users or other third parties.

10. CUSTOMER’S CONTENT

A. Ownership of Content. Customer acknowledges and agrees that (a) unless expressly stated elsewhere, WEVIO INC has no proprietary, financial, or other interest in Customer’s Content; (b) WEVIO INC does not, by virtue of offering or hosting Customer’s Content, edit, distribute, market, sublicense, publish, or otherwise provide Customer’s Content to end users; and (c) Customer is solely responsible for the information, data, graphics, text, quality, performance, and all other aspects of its Content. Customer warrants that it owns or has the right to use and offer the Content in connection with Customer’s Marks in the manner in which such Content is offered and will be offered by Customer during the term of this Agreement.

B. Protection of Content. Customer acknowledges and agrees that Customer is solely responsible for ensuring the integrity of its Content. Although WEVIO INC provides data backup services, Customer is advised that WEVIO INC in no way is responsible for any damages resulting from the loss of Customer’s Content, regardless of the reason for such loss. Customer is solely responsible for backing-up/archiving Customer’s Content.

11. WEVIO INC’S CONTENT

Upon payment of any fees charged for the development of WEVIO INC’s Content, WEVIO INC hereby provides Customer with a non-exclusive, royalty-free, irrevocable, non-supported license to use WEVIO INC’s Content as part of Customer’s Web Site. Customer agrees to maintain a text hyperlink to ‘http://www.wevio.com’ in the header or footer of the website. The link must be standard html, contain no javascript, and be approved by the Licensor.

Customer agrees to maintain any program contents through its own administration control panel or request special customization request to WEVIO INC.

12. RIGHTS IN DATA AND WORKS

A. Grant of License. Upon final and full payment of all fees associated with the Deliverables, WEVIO INC grants to Customer a limited, non exclusive, license to use, reproduce, display, and perform, works based upon the Deliverables, WEVIO INC Technology, the Generic Modules, and all Intellectual Property rights contained in the Custom Work Product. This license shall only extend to the extent necessary for the Customer to maintain a Web Site while hosted with WEVIO INC.

B. WEVIO INC’s Rights. Custom Work Product, Software, WEVIO INC’s Content, WEVIO INC Technology, the Generic Modules, and all Intellectual Property rights contained therein are and will remain the sole and exclusive property of WEVIO INC.

C. WEVIO INC’s Rights to Customer Content. Customer grants to WEVIO INC a non exclusive, worldwide, perpetual, royalty free license to reproduce, modify, display, perform, adapt, transmit, distribute, improve, and otherwise use the Customer Content in connection with WEVIO INC’s performance under this Agreement.

D. WEVIO INC’s Right to Re-Use Deliverables. Customer understands and specifically acknowledges that WEVIO INC may, in its sole discretion, use some or all of the Deliverables (excluding Customer Content) in the future in commercial development projects for other customers. Nothing in this Agreement shall be construed to limit WEVIO INC’s right to do so or to use any information in non-tangible form retained by WEVIO INC as ideas, information and understandings retained in the human memories of its employees, contractors and agents, provided that WEVIO INC may only use information of general applicability and not Customer’s Confidential Information. This provision shall not be construed to operate to grant WEVIO INC any rights under Customer’s patents or copyrights.

E. Customer to Cooperate. Customer will provide reasonable assistance and cooperation to WEVIO INC to acquire, transfer, maintain, perfect, and/or enforce the Intellectual Property rights in the Web Site (excluding Customer Content) and Custom Work Product, including, but not limited to, execution of a formal assignment or such other documents as may be reasonably requested by WEVIO INC. Customer hereby appoints the officers of WEVIO INC as Customer’s attorneys in fact to execute such documents on Customer’s behalf for this purpose.

F. Security Interest. To the extent that Customer has any interest or right with respect to the Deliverables, such interest or right shall be subject to (and Customer hereby grants to WEVIO INC) a security interest to the extent of the difference between the payments that are due and are actually made by the Customer for such Deliverables and the fees set forth in Exhibit A. Upon request of WEVIO INC, Customer shall execute any instrument required to perfect such security interest.

13. PROHIBITED PRACTICES

WEVIO INC shall have no duty or obligation to monitor Customer’s Content or any other Content provided or distributed by others, and WEVIO INC shall not edit or otherwise exercise any control over Customer’s Content. Nevertheless, WEVIO INC may, in its sole discretion at any time, without notice to Customer, and without liability to Customer, remove from public view, disconnect, or terminate the hosting of any of Customer’s Content or other Content that WEVIO INC deems in its sole discretion to be offensive or illegal, for any one or more of the following reasons: (i) the content is adjudicated to be in violation of the laws of the state where the server resides; illegal or sexually explicit Content or activities, or any Content that allegedly violates the law, rules or regulations of any country or subdivision thereof; (ii) the content constitutes harassment of Users, including, but not limited to, by means of Customer’s billing practices; or (iii) Customer’s noncompliance with or material breach of any of the terms and conditions of the AUP or this Agreement.; or (iv) claims made by third parties against WEVIO INC that Customer or any of its end users has engaged in one or more of the above practices.

14. POINT OF CONTACT

Customer shall designate a single Point of Contact in the accompanying Order Form. Customer’s Point of Contact shall have full authority to enter into agreements and make binding decisions on behalf of Customer. Customer agrees that WEVIO INC may rely on representations made by Customer’s Point of Contact. Customer may change its Point of Contact at any time by giving written notice to WEVIO INC in accordance with the notice provisions of this Agreement. WEVIO INC is under no obligation to accept instructions from anyone other than the Point of Contact.

15. CUSTOMER’S INDEMNIFICATION

Customer shall indemnify and hold harmless WEVIO INC from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to Customer’s provision, or an end user’s use, of Customer’s Content, or any act, error, or omission of Customer in connection therewith, including but not limited to matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property or other right; or violation of any applicable law.

16. WARRANTIES

Each party warrants and represents to the other party that it has the complete right to enter into and perform its responsibilities under this Agreement.

17. DISCLAIMER OF WARRANTIES

THE FOREGOING WARRANTIES ARE MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE AND HOSTING SERVICES ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, AND WEVIO INC NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR WEVIO INC ANY OTHER LIABILITY IN CONNECTION WITH ANY SOFTWARE OR HOSTING SERVICES PROVIDED UNDER THIS AGREEMENT.

18. LIMITATION OF LIABILITY

WEVIO INC ASSUMES NO RESPONSIBILITY WITH RESPECT TO CUSTOMER’S OR END USER’S USE OF THE SOFTWARE OR HOSTING SERVICES AND SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF WEVIO INC IS AWARE OF THE POSSIBILITY THEREOF. WEVIO INC SHALL IN NO EVENT BE LIABLE FOR MORE THAN THE TOTAL FEES ACTUALLY RECEIVED BY IT FROM CUSTOMER FOR THE SERVICES DURING ANY 12-MONTH PERIOD.

19. NO ASSIGNMENT BY CUSTOMER

Customer may not assign this Agreement without the prior written consent of WEVIO INC, which WEVIO INC may refuse in its sole discretion. Any attempt by Customer to assign this Agreement without prior written permission shall be deemed null and void. WEVIO INC may assign this Agreement, which shall be effective upon written notice provided to Customer.

20. NOTICES

(i) Any notice or other communication (‘Notice’) required or permitted under this Agreement shall be in writing and either delivered personally or sent by facsimile, overnight delivery, express mail, or certified or registered mail, postage prepaid, return receipt requested, to the address listed above in this Agreement, for WEVIO INC or the address provided in the application form submitted with the payment for Customer; (ii) a Notice delivered personally shall be deemed given only if acknowledged in writing by the person to whom it is given. A Notice sent by facsimile shall be deemed given when transmitted, provided that confirmation of that transmission was received. A Notice sent by overnight delivery or express mail shall be deemed given twenty-four (24) hours after having been sent. A Notice that is sent by certified mail or registered mail shall be deemed given forty eight (48) hours after it is mailed. If any time period in this Agreement commences upon the delivery of Notice to any one or more parties, the time period shall commence only when all of the required Notices have been deemed given; (iii) either party may designate, by Notice to the other, substitute addresses, addressees or facsimile numbers for Notices, and thereafter, Notices are to be directed to those substitute addresses, addressees or facsimile numbers.

21. MISCELLANEOUS

(i) The laws of the State of New York shall govern the validity and construction of this Agreement and any dispute arising out of or relating to this Agreement, without regard to the principles of conflict of laws; (ii) THE PARTIES SUBMIT TO THE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK, (iii) a ruling by any court that one or more of the provisions contained in this Agreement is invalid, illegal or unenforceable in any respect shall not affect any other provision of this Agreement. Thereafter, this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had been amended to the extent necessary to be enforceable within the jurisdiction of the court making the ruling and to preserve the transactions originally contemplated by this Agreement to the greatest extent possible; (iv) the section and subsection headings have been included for convenience only, are not part of this Agreement and shall not be taken as an interpretation of any provision of this Agreement.; (v) this Agreement may be amended, waived, changed, modified or discharged only by an agreement in writing signed by all of the parties; (vi) this Agreement represents the entire understanding of the parties with respect to the subject matter hereof, and there are no representations, promises, warranties, covenants or understandings with respect thereto other than those contained in this Agreement. Without limiting the generality of the foregoing, it is expressly agreed that the terms of any purchase order issued by Customer with respect to the Hosting Services provided under this Agreement shall not be applicable and that any acceptance of such purchase order by WEVIO INC shall be for acknowledgment purposes only; (vii) failure to insist upon strict compliance with any of the terms, covenants or conditions of this Agreement shall not be deemed a waiver of that term, covenant or condition or of any other term, covenant or condition of this Agreement. Any waiver or relinquishment of any right or power hereunder at any one or more times shall not be deemed a waiver or relinquishment of that right or power at any other time; (viii) the remedies set forth in this Agreement are cumulative and are in addition to any other remedies allowed by law. Resort to one form of remedy shall not constitute a waiver of alternate remedies; (ix) wherever used in this Agreement, the singular shall include the plural, and the plural shall include the singular. The use of any gender, tense or conjugation shall include all genders, tenses and conjugations; (x) the Parties are independent contractors and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership; and (xi) this Agreement is only between WEVIO INC and Customer, and does not make any third-party a beneficiary of this Agreement, whether known or contemplated by either party. Further, this Agreement does not make Customer a third-party beneficiary of any agreement that WEVIO INC may have with third parties, nor does this Agreement make WEVIO INC a third-party beneficiary of any agreement that Customer may have with third parties.

22. Acceptable Use Policy & Terms
I. PRIVACY POLICY AND STATEMENT

WEVIO INC collects basic client information to make your support experience the very best on the Internet. We respect your privacy, and we assure you that we will maintain and use this information responsibly. General Browsing: WEVIO INC gathers navigational information about where you go on our Web site. This information allows us to see which areas are most visited. This helps us improve the quality of visitors’ online shopping experiences by recognizing and delivering more of the features, services and products our visitors prefer. Additional non-personally identifiable information (i.e. domain type, browser version, service provider and IP address) may be collected which will provide information regarding your use of our Web site (such as the time of your last visit to a page on our site).

Disclosure of Personal Information: Any information you provide to us at this site when you establish or update an account, purchase credits online or request information (i.e. name, address, e-mail address, telephone number and credit card information), is maintained in private files on our secure Web server and our internal systems. This information is used to enable WEVIO INC to deliver services to you. To ensure compliance with federal law, WEVIO INC does not maintain information provided by children under the age of 16.

You should be aware that we may disclose specific information about you if necessary to do so by law or based on our good faith belief that it is necessary to conform or comply with the law or is necessary to protect the users of our Web site, the site or the public.

WEVIO INC does not sell, rent or trade your e-mail address to third parties. We may, however, use third parties to help us provide services to you, such as fulfilling orders, processing payments, monitoring site activity, conducting surveys, and administering e-mails. If personally identifiable information (i.e. name, address, e-mail address, telephone number) is provided to any of these third parties, we will require that such information be maintained by them in strictest confidence.

Use of Cookies:

WEVIO INC uses a browser feature known as a cookie, which assigns a unique identification to your computer. Cookies also allow WEVIO INC to make our sites more responsive to your needs, by delivering a better and more personalized experience to you. The cookies are typically stored on your computer’s hard drive and are used by WEVIO INC to help track your clicks as you go through the pages within an WEVIO INC Web site. In addition, WEVIO INC uses cookies to help keep track of support requests and to tell us whether you have previously visited an WEVIO INC website. This allows registered users to avoid reentering information upon every new visit to our site.

Updating Personal Information:

We prefer to keep your personal information accurate and up-to-date. To do this, we provide you with the opportunity to update or modify your personal information including billing and shipping information by logging into your account.

Use of Forums / Discussion Boards:

None of the information contained on our Website is medical, legal, business, or other advice or opinion of WEVIO INC. Any opinion expressed via this service is that of its author. Users are reminded that postings are automatic, instantaneous, and are not pre-reviewed. Additional facts and information on legal or other developments may affect the subjects discussed. Confidential information should not be discussed. WEVIO INC assumes no responsibility for the content or consequences, direct or indirect, of communications by users.

Links:

For your convenience, our Web site may contain links to other sites. WEVIO INC is not responsible for the privacy practices or the content of such Web sites.

Questions/Changes in Policy:

If you have questions or concerns with respect to our Privacy Policy, please feel free to contact us. If elements of our Privacy Policy change, we will post the policy changes in our Privacy Policy on this Web site. If you are concerned about how your personal information is used, please visit our site often for this and other important announcements about WEVIO INC

WEVIO INC believes in providing a safe and secure shopping experience for all of our clients. We provide stringent and effective security measures on our Web site.

It is our policy to never send private information, such as your credit card number, via e-mail. In fact, this is a practice we recommend you adopt in all of your Internet activities.

II. TERMS AND CONDITIONS (TAC)

In order to maintain our system integrity and resources we expect our customers to act responsibly. When you use any WEVIO INC services, in any form, you automatically agree to the following Conditions.

We reserve the right to suspend or cancel a customer’s access to any or all services we provided when we decide that the account has been inappropriately used. In short:

  • No adult content (Pornography)
  • No online gambling
  • No Spam, No unsolicited e-mailing
  • No Warez, cracks, copyright infringement
  • No Server abuse -Any attempt to undermine or cause harm to a server, or customer, of us is strictly prohibited.
  • No Unauthorized use of other people’s accounts or computers
  • No IRC Chat Rooms – We do not allow clients to install their own chat rooms of any kind, without approving it with the Support Team.
  • Background Running Programs – Prior approval required for any programs to run continually in the background. NO IRC chat will be approved, FlashChat and MyPHPChat are two chat apps that have been approved.
  • No IRC – We do not allow IRC or IRC bots to be operated on our servers.
  • Payment Policies – All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes. All pricing is guaranteed for the term of pre-payment. We reserve the right to change prices at any time, unless other terms have been agreed upon. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies us via phone or email for a request for termination of services.
  • Cancellation Policy -We reserve the right to cancel service at any time. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
  • Domain Registration fees are not refundable at all.
  • Lawful Purposes – We reserve the right to refuse service to anyone. Customers may only use our servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited.
  • Indemnification – Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, our agents, our customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of;
    • any injury to person or property caused by any products sold or otherwise distributed in connection with our servers;
    • any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
    • copyright infringement and
    • any defective products sold to customer from our servers.
  • Disclaimer: We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by our Web hosting service and our employees. We reserve the right to revise the policies at any time.
  • All end-users, resellers and dedicated servers of ours must adhere to the above policies.
  • Use of any mass email programs in conjunction with WEVIO INC SMTP servers is strictly prohibited.
  • Use of any additional applications or executables on WEVIO INC servers is strictly prohibited
  • Use of MS Access data files on WEVIO INC Servers is strictly prohibited.
  • Failure to follow any term or condition will be grounds for immediate account deactivation.

III. BILLING POLICIES AND CYCLES

  • We offer billing via Check, credit card or debit card charge only.
  • All initial fees must be paid prior to service setup. These fees include:
    • Service setup fees
    • 1 month or 1 year service charge
  • Our billing cycle begins on the day we setup your account, and is due on that day each month thereafter.
  • All accounts not paid within 15 days after your due date will be suspended. Suspended accounts will not be allowed any access to their servers.
  • WEVIO INC attempts to automatically charge credit card on file for any past due invoice for current, suspended and cancelled accounts.
  • Accounts suspended and reactivated must pay all past due and current amounts and are subject to the following reactivation fees:
  • Shared Servers: $50 reactivation fee
    • Dedicated Servers: $100 reactivation fee
  • Accounts past due over 30 days cannot be reactivated. You must sign up for new service and pay the full setup fees associated with the server option you choose.
  • To cancel your account, you must contact WEVIO INC via phone or email with your request. To ensure that you are not billed for another month of service, you must cancel your account before your billing cycle due date. All accounts requesting cancellation are terminated on the last day of your billing cycle.

    Note: All billing correspondence [invoices, notifications, etc] is done via email. It is crucial that you maintain a current email address with us.

    Our online account login enables every customer to:

    • Update credit card information
    • Update your email address, billing address, shipping address, etc.
    • View your past and current order history
    • Print out your invoices
    • We currently accept payment, in US Dollars only, through the following sources:
    • VISA, MasterCard
    • US Bank Check

You can contact our billing department as described on our contact us page.

IV. ADULT MATERIAL POLICY

Due to different cultures, material that is appropriate in some countries may not be appropriate in others. For this reason and many others, we maintain a strict ‘No Adult Material Policy’.

WEVIO INC defines ‘Adult Material’ as any of the following:

  • Any photos or videos showing frontal nudity on either men or women.
  • Any photos or videos showing any sexually explicit nudity.
  • Any audio clips or text containing sexually explicit material.

We also prohibit the following:

  • Any sites with direct links to other sites containing such material.
  • Any site engaged in the sale of sexually explicit items.

    In addition we reserve the right to determine what might be considered ‘sexually explicit’ or ‘sexually related’. If your site contains material that you are unsure about, please let us know before placing the order.

Why does WEVIO INC not allow adult material on their servers?

WEVIO INC has the privilege of hosting many family sites including self-help, rehabilitation support groups, churches, and many others. As one of the world’s leading Web Solutions Providers, we hope our policies will set new standards in the industry as to what kind of material is ‘acceptable’.

As a customer, how would this policy benefit me?

WEVIO INC customers enjoy the assurance that if the IP addressing ever gets mixed up, their domain name will never pull up an adult site. In addition, WEVIO INC customers enjoy the consistently fast servers and clear network. Unlike other Web hosting facilities, we do not have our network congested with users downloading pornographic images.

V. Email Policies

Spam — also known as Unsolicited Commercial Email (UCE).

WEVIO INC has a zero tolerance spam policy. WEVIO INC does not permit spam being sent using WEVIO INC mail servers.

All email sent via WEVIO INC servers must meet the following criteria:

  • The recipient of your email has made a purchase, requested information, responded to a questionnaire or a survey, or had offline contact with you.
  • Marketing/Newsletter emails must provide a working link for users to unsubscribe.
  • All requested to unsubscribe must be processed within 10 days.
  • Email ‘from address’ must contain the domain name of your WEVIO INC store..
  • Email subject lines must not contain misleading information.

WEVIO INC actively monitors our mail servers for abuse. Any customer found to be using WEVIO INC mail servers to send spam will be immediately cut-off from use of WEVIO INC services.

  • Use of any mass email programs in conjunction with WEVIO INC SMTP servers is strictly prohibited.

Contact Us

You can request a free estimate by calling us at 212-643-9009, sending an email to contact@wevio.com, or using the form below. (*required)

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