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Terms and Conditions of Use

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-commerce, Domain Registrations, and other Internet-related services provided by Web Start Center (the "Services"). As used in this Agreement, "Web Start Center" means the Web Start Center division of A Jade Bazar Enterprises and "Client", "you", or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Web Start Center site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Web Start Center Site" refers to the Site located at the URL http://www.webstartcenter.com/, or any other successor Sites owned or maintained by Web Start Center.

In addition to the following, the Acceptable Use Policies provide more detailed information regarding what is acceptable use of our products and services.

Appropriate Use of the Services

Web Start Center provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.

Client Content

Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Web Start Center server in connection with Client's use of the Services which:

  • violate any state, federal or foreign laws or regulations;
  • infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of Web Start Center or any third party;
  • are defamatory, slanderous or trade libelous;
  • are threatening or harassing;
  • are discriminatory based on gender, race, age or promotes hate violate any Web Start Center policy posted on the Web Start Center site including but not limited to those listed in our Terms of Service (TOS).
  • contain viruses or other computer programming defects which result in damage to Web Start Center or any third party.

Disk Space

Client may occupy only the amount of disk space on the Web Start Center Server that is allotted by Web Start Center. Additional fees, specified in the hosting plans, will be charged for exceeding the disk space. Disk space measurement includes all customer content and generated content from their web site and includes but is not limited to MySQL data, Mailing List data and data in /home/user directories for virtual accounts. Web Start Center is not responsible for measurements provided by individual control panel software, which is 3rd party software not controlled by Web Start Center, which may or may not include all of the customer data in their measurements.

Bandwidth

We do not, by default, limit the amount of bandwidth to the account/server quota unless required by the control panel software. If a Client wishes to have their bandwidth capped, we will do so upon request, software permitting. Additional fees, specified in the account plan will be charged for exceeding the network bandwidth allowance of your selected plan/server.

Licensed Software Only

Client agrees to use only properly licensed third party software in connection with Client's use of the services.

Back-up Files and Processing

Clients will have the ability to reinstate files which are automatically archived by Web Start Center upon request for a minimal fee; however, Web Start Center does not guarantee the existence, accuracy, or regularity of its backup services, and therefore, Client is responsible for making back-up files in connection with its use of the services. The accuracy and quality of backup processes provided by 3rd party software, such as the individual 3rd party control panels, is not guaranteed by Web Start Center.

Termination

Web Start Center reserves the right to refuse service to anyone. Web Start Center, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the services, please contact abuse@webstartcenter.com.

Payment Obligations

Service Fees

Regular ongoing account fees

PayPal will automatically debit Client's account for the regular account rate at the beginning of each billing cycle (monthly,quarterly, or annually) as specified by Client at time of signup. If the payment fails PayPal will make one to three reattempts as specified in their policy before canceling the subscription for services. If this should happen, Client will need to either submit a check for the half-yearly or yearly price of the account or fix their PayPal accounts and submit a PayPal payment manually to paypal@webstartcenter.com. If payment is not been made and cleared within 30 days of the first billing attempt or Web Start Center may terminate Client's service for non-payment.

If Client paid by check instead of PayPal, Web Start Center will send Client deliver by e-mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month. Client must either send a check to Web Start Center or use PayPal to send a payment to paypal@webstartcenter.com. Payment is due no later than 10 days after the specified payment due date. If payment has not been made and cleared within 30 days of the due date, Web Start Center may terminate Client's service for non-payment.

Overage charges or other special fees

If overage or other fees are due, Web Start Center will invoice Client as needed. Payment is due no later than 10 days after the specified due date. Client may make a payment either by sending a check to Web Start Center or using PayPal to send a payment to paypal@webstartcenter.com. If payment has not been made and cleared within 30 days of the due date, Web Start Center may terminate Client's service for non-payment.

If Client terminates this Agreement, Client shall be responsible for any outstanding fees owed to Web Start Center and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, unless a longer term payment plan is in place, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate during any particular billing month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services quarterly, half yearly, or annually and has pre-paid Ventures Online for such Services, refunds will be issued for any unused full month portions less one month of the Services upon Clients request. Therefore, if Client's account is canceled at any point during the a one year term, Client will be entitled to a refund for all but one of the full months remaining after notice is given.

Late Payments.

Any payment not received within twenty (20) days of the invoice date, will be assessed a late fee of one and one-half percent (1 1/2%) per month or the highest rate allowed by applicable law, whichever is lower, with minimum of a $5.00 fee. Customer also shall pay to Web Start Center all expenses incurred by Web Start Center in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable attorneys' fees and the fees of any collection agency retained by Web Start Center. Late Fees will continue to accrue as long as there is an outstanding balance.

Returned Item Fee.

Accounts with returned checks and/or e-checks will be assessed a $15.00 returned item fee.

Taxes

Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.

Domain Names

If Client chooses to register a domain name(s) through Web Start Center, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Web Start Center does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

Client Liability and Indemnification

The parties agree that in no event shall Web Start Center be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Web Start Center from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

Term, Termination & Reinstatement

Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must follow instructions for cancellation provided on the Server Cancellation Information page. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 - 8 shall survive termination or expiration of this Agreement. <\p>

If Web Start Center suspends a virtual account for non-payment, Client shall be allowed to re-instate Client's use of the Services within Five (5) business days of cancellation upon approval from Web Start Center and full payment of balances due. A reinstatement fee of $15.00 will be applied. If a Client terminates their account, Web Start Center will disable the server/account the day the client specifies the account is canceled. Web Start Center will not maintain an archival copy of the Clients Web site or files. It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice.

Taxes

Client will pay and indemnify and hold Web Start Center harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

Disclaimer of Warranty

THE SERVICES, THE WEB START CENTER SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE WEB START CENTER SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. WEB START CENTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WEB START CENTER SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

Limitation of Liability

IN NO EVENT SHALL WEB START CENTER BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE WEB START CENTER SITE OR ANY WEB START CENTER PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL WEB START CENTER CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).

Miscellaneous Notices

Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.

If to Web Start Center:

Web Start Center
3242 Flintmont Drive
San Jose, CA 95148

If to Client:

Name and address provided for account setup.

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Web Start Center. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it's conflict of law rules. This Agreement and Web Start Center's policies are subject to change by Web Start Center without notice. Continued usage of the Services after a change to this Agreement by Web Start Center or after a new policy is implemented and posted on the Web Start Center Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Web Start Center Site for any changes or additions.