Last Updated: May, 14, 2009
DIYWEBPROS™ Terms & Conditions
THESE ARE THE TERMS AND CONDITIONS APPLICABLE TO THE PURCHASE AND SALE OF INTERNET SERVICES
BETWEEN YOU (CUSTOMER) AND EVASIV DESIGN (dba: DIYWEBPROS).
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOTIFY DIYWEBPROS
WITHIN TWENTY-FOUR (24) HOURS OF YOUR ORDER DATE, AND THE SERVICES WILL BE CANCELED, A REFUND OF
ANY FUNDS ALREADY PAID WILL BE ISSUED, AND THERE WILL BE NO FURTHER OBLIGATIONS BY EITHER PARTY.
FAILURE TO NOTIFY DIYWEBPROS OF CANCELLATION WITHIN SUCH PERIOD SHALL BE DEEMED TO INDICATE THAT
YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AND AGREE TO BE BOUND BY THEM.
1. DIYWEBPROS may, at its sole discretion, change the features and services offered in DIYWEBPROS programs at any time.
2. DIYWEBPROS programs are available to residents of the USA and certain of its possessions and territories only.
3. Customer will use Services in a manner which does not interfere with, disturb, or disrupt other network users, services,
or equipment. Such interference or disruption includes, but is not limited to:
a. Wide-scale distribution of messages to inappropriate mailing lists, newsgroups, or their public or private forums,
b. Propagation of computer worms or viruses, and
c. Use of the network to make unauthorized entry to other computational, information, or
communications devices or resources. This includes unauthorized security probing activities or other
attempts to evaluate the security integrity of a network or host system without permission.
4. DIYWEBPROS will not be liable to any third parties for any direct, incidental, or consequential losses or
damages suffered by such third parties for any reason, whether foreseeable or not, including, without limitation,
damages for loss of profits, loss of income or earnings, loss of business opportunities, injury or other loss or
damage resulting directly or indirectly out of or in connection with the Service, or through use of Customer's Web site.
The foregoing shall apply despite any negligence, misconduct, errors, or omissions by DIYWEBPROS, including, without
limitation, its employees, representatives, agents, or technical operations. Customer assumes sole responsibility for:
a. Acquiring any authorization(s) necessary to use intellectual property (including, but not limited to, copyrights and
trademarks) or information of third parties;
b. Acquiring any authorization(s) necessary for hypertext links to third-party Web sites;
c. The accuracy of materials provided to DIYWEBPROS, including, without limitation, nature of business,
and contact information for the Customer;
5. Customer agrees to defend, indemnify, and hold harmless DIYWEBPROS and each of DIYWEBPROS' officers, directors,
employees, agents, and affiliates from, against, and in respect of:
(i) any and all losses, damages, or deficiencies
resulting from any third-party claim against DIYWEBPROS in connection with Customer's Web site
(including, but not limited to, Web site content) or the URL and
(ii) all costs and expenses incident to any and all actions,
suits, proceedings, claims, demands, assessments, or judgments in respect thereof regardless of the merit thereof,
including DIYWEBPROS' reasonable legal fees and expenses (whether incident to the foregoing or to DIYWEBPROS'
enforcement of said rights or defense and indemnity).
6. This Agreement constitutes the entire agreement of the parties relative to its subject matter. Customer may not waive,
modify, or supplement this Agreement, in whole or in part, except for written permission or amendment by DIYWEBPROS.
DIYWEBPROS reserves the right to unilaterally modify and revise the Terms and Conditions of this Agreement from time to time.
Such modifications or revisions shall be provided to Customer via the Notice provisions set forth in Section 9 herein, and
Customer shall be deemed to have accepted, and to be apprised of and bound by, any such modifications or revisions to the Terms
and Conditions, and may only reject such modifications or revisions by canceling the Service.
7. Notice to Customer shall be deemed effective when sent via e-mail to the last-known Customer contact e-mail address,
or if none, to the last-known Customer fax number, or if none, when deposited in first-class U.S. mail with sufficient
postage attached addressed to the last-known Customer mailing address.
8. Customer hereby agrees to pay DIYWEBPROS for Services on an annual, semiannual, quarterly, or monthly basis at the agreed
rate specified in the Welcome Letter. Payment will be made via a charge to the Customer's credit card or bank account
("Account"). Customer understands that except as specifically provided herein, any fees or monthly charges are nonrefundable.
Only valid Accounts may be used for orders placed at the site, and all refunds will be credited to the same Account.
By submitting your order for processing, you authorize us to charge your order (including taxes and any amounts shown
to you before submission) to your Account. If your Account cannot be verified, is invalid, or is not otherwise acceptable,
your order will be suspended automatically. You will also be liable for all attorney and collection fees arising from DIYWEBPROS'
efforts to collect any unpaid balance of your DIYWEBPROS fees.
9. This Agreement does not create any agency, employment, partnership, joint venture, franchise, or other similar or special relationship
between you and DIYWEBPROS. Neither party will have the right or authority to assume or create any obligations or to make any
representations, warranties, or commitments on behalf of the other party or its affiliates, whether express or implied, or to bind the
other party or its affiliates in any respect whatsoever.
10. The terms and conditions governing your use of DIYWEBPROS program(s) are described in the End User License Agreement, Terms of Use Agreement,
Registered User and Subscription Agreement and Privacy Policy, which you must accept in order to use DIYWEBPROS.
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