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TheExpertWebmaster.com an EJOAT Enterprises Company
TheExpertWebmaster.com Terms Of Service

Terms Of Service for Web site Design and Development by EJOAT Enterprises also known as TheExpertWebmaster.com

Objective

Our objective is to build, develop and/or but not limited to design web sites, software and/or but not limited to applications for your online business to enable the success that you are looking for. If you are not serious about a successful business on the Internet, we are not the company for you. Below, you will find information that protects you and TheExpertWebmaster.com - EJOAT Enterprises and by retaining our services you agree to these terms, no exceptions. Please feel free to return to this page if you have any questions. Any other questions may be answered by contacting support. In good faith, we have set fourth below, the terms of service in large 12px Arial font type text, and there is no fine print.

Administration Of A Web Site On The EJOAT Network

If your web site is on the EJOAT network and requires administration by you or a staff member, an admin panel will be set upon request and will be subject to the terms of service.

F.T.P. Access

For technical and security reasons, access to ROOT F.T.P. for web sites, application and/or but not limited to software of directories on the EJOAT network will not be allowed to any out source individuals or unauthorized personnel.

FTP accounts other than the above are available upon request.

Back Ups

Backups for web sites, source codes and/or but not limited to any other software purchased from mywebddev.com is available upon request.

Source Code Policies

Total costs for source code purchases varies as all source codes are unique and differ in technicalities or level of development and are accessed on a case by case basis. For any reason, no out side person and/or but not limited to any entity is authorized to view, duplicate and/or but not limited to the use of any html, php, sql and but not limited to sources of web sites, applications and/or but not limited to software.

Web Site Content Terms

Web sites, applications and/or but not limited to software existing on the EJOAT network will not have profanity, pornography, fraudulent and/or but not limited to any other type of vulgarity. If a web site is found to have these types of content, the account that holds the web site will be put on hold and/or terminated. TheExpertWebmaster.com - EJOAT Enterprises o authorized personnel of which reserves the right to change any whois contact information to protect assets and the security of the assets.

Domain Whois Information

A domains whois registrant and billing contact information will reflect the owners information. Technical, and Administrative information will reflect this companies information. If any contact information is adjusted to reflect any other information, we are not responsible for the security of that domain.

Retaining Our Services

If you retain our services you agree to these and future revisions and all other terms of service from all other subsidiary businesses, DBA's and/or but not limited to branches of EJOAT Ent pertaining to the products and but not limited to services.

Regular monthly fees and charges

Regular monthly fees will be applied on the 1st of every month. If any solution or service is applied to your web site during the month, charges apply when solution or service is applied and then will be added to the next months monthly charges and fees.

Real time charges

If your web site requires our services for anything outside regular monthly fees, charges are applied when action or project is complete. $25.00 hourly per start/day and a 3 hour minimum plus extra expenses. If any solution or service is applied to your web site during the month, charges apply when solution or service is applied and then will be added to the next months monthly charges and fees.

Extra expenses

Any extra expenses that may incur while designing and developing your/your companies web site are your/your companies responsibility.
Example: Travel expenses, Internet business services and solutions, studio(photographer or model) charges, labor fees and/or but not limited to materials etc.

End of Service Charges:

At the end of the life of a web site or termination of an account, down linking fees and charges may be assessed at the beginning or/and the end of down linking process. Also, if any charges occur after the fore mentioned, invoices will be produced at that time. Down linking consists of removing web site links to the web site, deletion of any information that databases hold and time of labor. You will be notified at the begriming of downlinking procedures. You will be notified at the end of the downlinking procedures. Depending on but not limited to the size of a web site, software and/or but not limited to applications is how long it takes to complete the downlinking process. By retaining our services, you agree to these terms.

Failure To Pay Fees And Charges

If you fail to pay any charges to this company, your account will be put on hold and access to any application and/or but not limited to software will be disabled until paid in full. In this process, the domain contact information will be changed to protect this companies interests. We can not and will not be help responsible for any reason for any losses occurring in this process. If fees or charges are not paid in full, domains, software and/or but not limited to applications will be held for a month. For every day that an account is delinquent, there will be an additional fee or charge of 25.00 for every day for a maximum of thirty days. After one month (30 days of) time passes, domains, software and/or any other but not limited to software may be sold. If there is no property domains, software and/or any other but not limited to software available to retain for our services the retaining company will be billed for services. TheExpertWebmaster.com - EJOAT enterprises reserves the right to with hold any assets that they feel necessary. We are not responsible for any loss of anything if your account is put on hold and/or web site is turned off.

Refund Policy

At this time, refunds for any services that are provided by TheExpertWebmaster.com (EJOAT Enterprises) are not available.

Account Termination

When a TheExpertWebmaster.com account is cancelled (either voluntarily or involuntarily), the domain is put on hold and all of your personally identifiable information is placed in "deactivated" status on our relevant TheExpertWebmaster.com databases. However, you should know that deactivation of your account does not mean your personally identifiable information has been deleted from our database entirely. We will retain and use your personally identifiable information if necessary in order to resolve disputes or enforce our agreements.

REPRESENTATIONS AND WARRANTIES

You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.

TheExpertWebmaster.com expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of TheExpertWebmaster.com , as well as its affiliates, subsidiaries, officers, directors and employees. TheExpertWebmaster.com also reserves the right to freeze a domain name during resolution of a dispute.

LIMITATION OF LIABILITY

IN NO EVENT SHALL TheExpertWebmaster.com BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF TheExpertWebmaster.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, TheExpertWebmaster.com ’s liability is limited to the full extent permitted by law. You agree that in no event shall TheExpertWebmaster.com ’s maximum aggregate liability exceed the total amount paid by You for the particular Software or Service in dispute purchased from TheExpertWebmaster.com .

DISCLAIMER OF WARRANTIES

TheExpertWebmaster.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TheExpertWebmaster.com MAKES NOT WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. TheExpertWebmaster.com DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless TheExpertWebmaster.com and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with TheExpertWebmaster.com whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from TheExpertWebmaster.com or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold TheExpertWebmaster.com harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should TheExpertWebmaster.com be notified of a pending law suit, or receive notice of the filing of a law suit, TheExpertWebmaster.com may seek a written confirmation from You concerning Your obligation to indemnify TheExpertWebmaster.com . Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that TheExpertWebmaster.com shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify TheExpertWebmaster.com of any such claim promptly in writing and to allow TheExpertWebmaster.com to control the proceedings. You agree to cooperate fully with TheExpertWebmaster.com during such proceedings.

You agree to cooperate fully with TheExpertWebmaster.com during such proceedings. You agree You will not be entitled to a refund of any fees paid to TheExpertWebmaster.com if, for any reason, TheExpertWebmaster.com takes corrective action with respect to Your improper or illegal use of its services. You also agree that if TheExpertWebmaster.com is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Traffic Facts account of Yours with TheExpertWebmaster.com , that TheExpertWebmaster.com , in its sole discretion, may take whatever action TheExpertWebmaster.com deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

Representation Of TheExpertWebmaster.com, EJOAT Enterprises Or Any Subsidiary Of Which

You or any employees acting and/or but not limited to associates for you are not authorized in any way to make any representations of this company that may harm it. You are not authorized to speak, share with write and/or but not limited to communicate in any way, with any person, persons or any entity about this company even if your not a customer or client. In doing so, you will be stealing proprietary materials. If this so happens, you will be responsible for all our/your reasonable attorneys' fees if any legal actions are to pass. For the protection of this company you will follow the but not limited to the above mentioned rules. No person, persons and/or any entity are not authorized to speak, write and/or but not limited to communicate in any ill will of TheExpertWebmaster.com, EJOAT Enterprises, the EJOAT network and/or any entity of which of any past or future information, opinion and/or but not limited to financial transactions.

HEADINGS

The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.

ENTIRE AGREEMENT

You agree that this Agreement including the policies and agreements it refers to constitute the complete and only Agreement between You and TheExpertWebmaster.com regarding the Services contemplated herein.

SEVERABILITY

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

This Agreement

We are not responsible for your failure to read this agreement/contract and it's notices at any point in time or but not limited to it's revisions.


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