WgraFix Web Design & Development Terms of Service


We respectfully ask that all clients read, print, and sign our agreement. This ensure that throughout the process there will be no surprises to either party as to what is expected.

Reading the following material is the responsibility of the Client. All Clients will be bound to this agreement once production has begun and first payment of project has been made, with or without a signed copy of the terms and conditions.

By purchasing web hosting services from WgraFix, you agree to be bound by the following terms and conditions:


Renewal

In order to ensure uninterrupted service to your website, the service contract will automatically renew unless canceled by the site owner. WgraFix, requests that cancellation requests be made via phone or email at least 2 weeks prior to the date of renewal. WgraFix, will acknowledge the cancellation notice within 24 hours of receipt. Your satisfaction is important to us and WgraFix will honor all requests promptly. If you do not receive acknowledgment, please contact a representative as soon as possible.


Refunds

WgraFix web hosting services carry an unconditional 30 day satisfaction guarantee. If you are dissatisfied for any reason within the first 30 days of service, please contact us by phone or email for a full and immediate refund. If you wish to retain your domain name, the cost of your domain name will be deducted from your refund.
Acceptable Use Policy

WgraFix, reserves the right to refuse service to any site at our sole discretion. Although we do not believe in censorship, WgraFix does not allow the following types of sites:

  • Websites containing explicit pornographic material Racist or hate-related websites:
  • These sites, including but not limited to any copyrighted software or music files
  • Sites which provide methods for circumventing copy protection ("cracks", key codes, serial numbers, decoder chips, etc...) are also not permitted. Any content which is not legal in the United States
  • Unsolicited Email (Spam) and Bulk Email
  • WgraFix will not host websites which are advertised through unsolicited email, excessive newsgroup crossposting, or off-topic newsgroup posts. What is considered spam is determined at the sole discretion of WgraFix. We will make every effort to work with our customers to insure that legitimate websites are not shut down due to what may be wrongly interpreted as unsolicited mail. Although we are first and foremost an advocate of our customers, sites in flagrant violation of this policy will be shutdown without a refund of any kind. In addition, to protect the quality of service for all of our customers, any bulk emailing that adversely affects the performance of our shared mail servers will be either discontinued or moved, pending customer approval, to one of our list server or dedicated server plans.
    Bandwidth and Overages

Each hosting plan is allocated a specific amount of network and system resources which is clearly specified on the WgraFix Hosting website. We realize that from time to time, customers may have unanticipated circumstances which cause their websites to use more bandwidth, disk space, or other resources than they have been allocated with their plan. In extreme cases, such overages may result in additional charges or the request to upgrade your service to a more suitable plan. WgraFix, will make every effort to contact you to prevent any unexpected charges or service interruptions. If the resources required by your website negatively impact other customers in our shared hosting environment, we may take steps, including possible temporary suspension of service, to restore normal server operations. Under all circumstances, suspension of service is an absolute last resort and we will make every effort to work with our customers to insure continuous and trouble-free service.
Limitations of Liability and Indemnification

Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. We strive towards providing 100% customer satisfaction in all our service offerings.
Limited Warranties


No Other Warranty

WGRAFIX, DOES NOT MONITOR OR EXERCISE CONTROL OVER THE CONTENT OF THE INFORMATION TRANSMITTED THROUGH ITS FACILITIES. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THEREFROM IS AT CUSTOMER'S OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. EXCEPT AS PROVIDED IN THE ORDER FORM(S), WGRAFIX DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WGRAFIX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.



Disclaimer of Actions Caused by and/or Under the Control of Third Parties

WGRAFIX, DOES NOT AND CANNOT CONTROL THE FLOW OF INFORMATION TO OR FROM WGRAFIX NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). WGRAFIX CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY WGRAFIX DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
Delays and Interruptions

WGRAFIX, SHALL NOT BE LIABLE FOR ANY LOSS OF DATA RESULTING FROM DELAYS, CORRUPTION OF DATA, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES, AND WGRAFIX, SHALL HAVE NO LIABILITY THEREFOR. EXCEPT TO THE EXTENT OF WGRAFIX GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER WGRAFIX, NOR ITS NETWORK SERVICES SUPPLIER WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO WGRAFIX'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF WGRAFIX'S OR ITS NETWORK SERVICE SUPPLIER'S NEGLIGENCE.


Indemnification

Each party agrees to indemnify and hold the other harmless against any losses, costs, expenses (including, but not limited to, reasonable attorneys' fees), claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") resulting from any claim, suit, action, or proceeding brought by any third party against the other or its affiliates related to or arising out of (i) any infringement or misappropriation or alleged infringement or misappropriation of any United States copyright, trade secret, patent, trademark, or other proprietary right related to any hardware or software utilized in connection with any of the Services (but excluding any infringement contributorily caused by the other party), and (ii) any violation of or failure to comply with the Rules or Regulations. Customer further agrees to indemnify WgraFix, and its affiliates against any Losses which arise out of, or relate to any content provided by Customer or the customers/clients of Customer, and Customer will reimburse WgraFix, and its affiliates for all legal expenses, including reasonable attorneys' fees, incurred by WgraFix, and its affiliates in connection with any such Losses.
Consequential Damages

EXCEPT FOR THE PARTIES' INDEMNITY OBLIGATIONS, IN NO EVENT WILL EITHER PARTY BE LIABLE OR RESPONSIBLE TO THE OTHER FOR ANY TYPE OF INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.



ARBITRATION AND EQUITABLE RELIEF

All Parties agree that any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of these Terms and Conditions, shall be settled by arbitration to be held in Union County, North Carolina, in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court of competent jurisdiction. Each party shall each pay one-half of the costs and expenses of such arbitration, and each shall separately pay its respective counsel fees and expenses.
Governing Law

State law issues concerning construction, interpretation and performance of this Agreement shall be governed by the substantive law of the State of North Carolina, excluding its choice of law rules. The United Nations Convention on Contracts for International Sale of Goods shall not apply.



Questions

Please contact us with any questions regarding the WgraFix Hosting terms of service by calling 1-704-624-9170 or email lory@parkerwebgrafix.com. Please print this document and review before agreeing to any Hosting Plans.



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