You must register for an account (the "Account") to access and use the Services by providing your full legal name, current address, phone number, a valid email address and certain other information indicated as required. You agree that all such information is current and accurate. We will use the email address that You provide as the primary method of communication, including for billing matters. We may reject Your application for an Account for any reason, in Our sole discretion.
You shall designate a single "Point of Contact", which shall have full authority to enter into agreements and make binding decisions on Your behalf. For security reasons, only the Account owner or Point of Contact designated by the Account owner will be allowed to make account changes or cancellations or to designate a new Point of Contact. You agree that We may rely on representations made by Your Point of Contact. You may change Your Point of Contact at any time. If there is reasonable doubt about the authenticity of any instruction, notice, document or communication, We reserve the right to require additional authentication from You.
You must keep Your password secure. We encourage You to use best practices in creating, regularly changing and securing Your password. We will not be liable for any loss or damage from Your failure to maintain the security of Your Account or Your password. You agree to immediately notify Us of any unauthorized use of Your password or any similar breach of security.
In the event of a dispute regarding Account ownership, We reserve the right to request documentation to determine or confirm Account ownership. Documentation may include a copy of Your business license or charter, government issued photo ID, the last four digits of the credit card on file, etc. We retain the right to determine, in Our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If We are unable to reasonably determine the rightful owner of an Account, We reserve the right to temporarily disable an Account until resolution has been determined between the disputing parties.
We may suspend the Purchased Services to You with or without notice and without liability if: (a) We reasonably believe that You are using the Services in violation of the Agreement; (b) You don't cooperate with Our reasonable investigation of any suspected violation of the Agreement; (c) there is an attack on Your Sites or Your Sites are accessed or manipulated by a third party without Your consent, (d) We are required by law, or a regulatory or government body, to suspend Your Services; or (e) there is another event for which We reasonably believe that the suspension of Services is necessary to protect Our other customers. We will use commercially reasonable efforts to give You advance notice of any such suspension unless We determine that a suspension on shorter notice or without notice is necessary to protect Us or Our other customers from imminent risk.
You shall not use the Service in any way that shall impair the functioning or operation of Our Services or equipment. You further agree not to use the Services to:
disseminate or transmit content that is spam, including content that is machine- or randomly-generated and/or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing);
disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email, or unreasonably large volumes of email on a daily basis;
disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
collect or harvest any personally identifiable information;
export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; or
disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program.
You may not (i) access the Services through automated means, including, without limitation, through “robots”, “spiders” or “offline readers” (ii) use Our servers or Your Sites as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities, (iii) use Your Sites as an anonymous gateway, (iv) run a public recursive DNS service on any of Our servers, (v) use Our Service as a storage device or to store any data or content that is not reasonably related to the use, operation or maintenance of Your Site, or (v) use software or scripts run on Our servers that cause the server to load beyond a reasonable level. Notwithstanding the foregoing, We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
You may not use the Service for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright, trademark, or patent laws), the laws applicable to You in Your customer’s jurisdiction, or the laws of the United States of America. You will comply with all applicable laws, rules and regulations in Your use of the Service.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use WawBiz trademarks and/or variations and misspellings thereof.
Our acceptance by You as a customer should not be interpreted as, and is not, any advice, opinion, endorsement, or approval on Our part as to the legality of Your products, services, content or intended use of the Service. You understand and agree that Your Sites and Your End Users are Yours responsibility, and You are solely responsible for compliance with any and all applicable laws or regulations related to Your Sites and Your End Users, including but not limited to privacy and data laws, regardless of the jurisdiction, including, but not limited to, all jurisdictions, countries, states, cities, or other boundaries within which You operate.clarifications, and details.
You agree that We have the right to carry out a forensic examination in the event of a compromise to Your Sites or Your Account.
From time to time Your Site may be subject to an event expected to cause a significant spike in traffic, such as appearance on a nationally syndicated television show or substantially advertised promotion. We encourage You to provide advanced notice of such planned events to Us so that We can create a response plan to minimize the effect on Your Sites.
You shall bear full risk of loss and damage to Your Sites and Your Account and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your Account or password or in connection with Your Sites.
Our Services allow You and Your End Users to upload, post, transmit, publish, share, store, or manage content, including, data, graphics, links, photos, music, sound, messages, videos and other materials (altogether, "Your Content"). You are solely responsible for any and all of Your Content. You represent and warrant that (i) You have all necessary rights to distribute Your Content via Our Services and (ii) Your Content does not violate the rights of any third party. You hereby grant Us a worldwide, royalty-free, non-exclusive license to host and use Your Content in order to provide the Services to You. You are responsible for undertaking necessary measures to ensure the security, confidentiality and integrity of all Your Content transmitted through or stored on Our servers. You are responsible for any of Your Content that may be lost or unrecoverable through Your use of the Services.
Our servers are not an archive and We shall have no liability to You or any other person for loss, damage or destruction of any of Your Sites or Your Content. You are solely responsible for the backup of Your Sites and Your Content. You are encouraged to archive Your Content regularly and frequently.
We do not pre-screen Your Content and We shall have no duty or obligation to monitor Your Content or any other content provided or distributed by others. However, We may at any time, without notice or liability to You, remove from public view, disconnect, or terminate the hosting of any of Your Content which We deem in Our sole discretion (i) violates the terms of this Agreement (ii) violates any third party’s intellectual property, or (iii) is otherwise objectionable.
In order to permit Us to protect the quality of Our Services, You hereby consent to Our staff accessing Your Account, Your Sites and Your Content from time to time to investigate complaints or other allegations or abuse and to otherwise perform the Services set forth herein.
You understand that Your Content, other than credit card information or data, may be transferred unencrypted over various networks and may be modified to the extent necessary to conform and adapt to technical requirements of connecting networks or devices. Credit card information or data, however, are always encrypted during transfer to or by Us.
We claim no ownership or intellectual property rights in Your Content.
The Services, and all other materials provided by or through Us, including, but not limited to, software, all informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, "Our Intellectual Property"), are owned by Us or other parties that have licensed their material or provided services to Us, and are protected by copyright, trademark, trade secret and other intellectual property laws.
All of Our trademarks and service marks, logos, slogans and taglines, including “WawBiz”, are Our property. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines of Ours or any third party without Our express written permission, or the express written permission of such party that may own the trademark, service mark, logo, slogan or tagline.
Subject to the limited rights expressly granted to You hereunder, We and Our licensors reserve all of Our/their right, title and interest in and to the Services, including all of Our/their related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein.
Subject to this Agreement, We hereby grant You a limited, revocable, non-transferable and non-exclusive license to use Our Intellectual Property to the extent, and only to the extent, necessary to access and use the Purchased Services in accordance with the terms of this Agreement.
You may not (and shall not allow any third party to): (a) use the Services outside of the scope of the limited license herein granted; (b) sublicense, distribute, copy, reproduce, resell, modify, adapt, translate, or prepare derivative works from, to the Services without Our prior written permission; or (c) reverse engineer, disassemble, or decompile any software or otherwise attempt to discover any source code or trade secrets related to the Services.
You may use Our trade name, trademarks, and service marks that are used in connection with our WawBiz platform in advertising and publicity in conjunction with Your use of the Purchased Services, provided that You shall submit a copy to Us for prior written approval. However, You need not obtain Our prior written approval where use of Our WawBiz marks is limited to inclusion in a list of services via which Your Content is available.
You may not bid on or purchase search engine or other pay-per-click keywords or domain names that use "WawBiz " or any name, mark or other identifier used by Us, or any misspellings or similar alterations of any of the foregoing.
For the term of this Agreement, You hereby grant to Us a non-exclusive right and license to Your name, trade names, trademarks, and service marks as are provided to Us in connection with this Agreement for Our use (a) on Our own websites, (b) in printed and online advertising, publicity, directories, newsletters, and updates describing Our Services, and (c) as reasonably necessary and ancillary to the foregoing.
If Your Purchased Services include Services that we offer for a fee (“Paid Services”), You agree to pay Us all such fees when due. These fees may include subscription fees, transaction fees and overage fees, the prices and terms of which are listed on Our website. Only Services and features clearly indicated as "free" or "no charge" are free or without charge.
To ensure uninterrupted service, We will automatically bill You for certain Paid Services on a recurring basis until You cancel. The initial term of Your subscription to any Paid Services is for a term of one month, unless otherwise noted in the description of such Paid Services on Our website or as agreed by Us and You. The subscription for such Paid Services shall automatically renew for successive periods equal in time to the initial term of such subscription until cancelled by You. You may cancel a subscription to any Paid Services effective as of the end of the then current term of such subscription by contacting Our support and then following the specific instructions provided to You. Failure to do so will result in the cancellation request not being processed and You will continue to be liable for all recurring fees until such the actions specified in such instructions are complete. A cancellation of a particular Paid Service may not cancel all Services associated with Your Account. You must follow the instructions provided in order to ensure you cancel all Services desired.
Any payments of fees are due upon purchase, and the applicable Paid Services will not begin until payment is received. Payments for Paid Services that are billed on a recurring basis are due on or before the beginning of each term of such subscription. We offer billing only via credit card or debit card. Credit card and debit card information, including card numbers, should be only submitted to Us through our online checkout feature, or the administrative features of Our Services or via phone, and should never be sent to us via email, IM, chat or any other method of communication. If you purchase any Paid Services, You agree to allow Us, or our third party service providers, to store Your payment card information. If the payment card You provide expires and You do not provide new payment card information or cancel Your account, You authorize Us to continue billing You and You agree to remain responsible for any uncollected Fees.
It is Your obligation to review all charges for accuracy. Failure to dispute a charge within 45 days following such charge shall constitute Your agreement that such charges are valid and You agree to waive any claims You may have had regarding such charge.
If a payment of Yours to Us is returned or rejected, or incurs additional costs for Us (e.g., bank fees) for any reason, then You may be charged a service fee of $40 per incident and be required to reimburse all such fees and costs incurred by Us.
All amounts that are past due are subject to a late payment penalty of 1.5% per month, or the maximum amount permitted by law, whichever is greater, until fully paid. We will attempt to automatically charge the 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 as well as a reactivation fee any late payment penalties. Accounts past due over 30 days cannot be reactivated and You must sign up for new Services, in addition to paying any outstanding amounts due.
We reserve the right to seek collection of all past due amounts (including by referral to third party collectors), plus all reasonable legal fees (including reasonable attorneys’ fees) and costs associated with such collection.
All fees charged by Us for the Services are exclusive of all taxes, VAT and similar fees imposed on the transaction and/or the delivery of the Services, all of which You will be responsible for and must pay in full. If We are required to directly pay any such taxes, You must, upon receipt of Our invoice for such taxes, promptly reimburse Us.
All sales are final and We offer no refunds of any kind unless otherwise expressly noted, even If You Purchased Services include, terminated or transferred.
We expressly reserve the right to change Our prices and payment terms at any time, and such changes shall be posted online on Our website and effective immediately without need for further notice to You.
Any ideas, questions, opinions, recommendations, feedback or other information related, directly or indirectly, to any of Our products and services ("Your Feedback") communicated to Us, whether by email, Our online forums, interactions with our sales or support representatives, including through chat or IM, or other communication, is considered to be non-confidential and non-proprietary. You hereby grant to Us, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicenseable and transferable right and license to incorporate, use, publish and exploit Your Feedback for any purpose whatsoever, commercial or otherwise, without acknowledgment or compensation to You or to anyone else.