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These terms and conditions (a.k.a. "Terms") constitute a binding agreement between Web Domain Solution (a.k.a. WDS) and you as a client, and apply to all services provided by WDS to you. References to “we", "our", and "WDS" refer to Web Domain Solution. References to "you", "your", and "client" refer to the clients or potential clients of WDS's Internet and website design services, including the client's successors and assigns.
1. Your website is intended to operate with Firefox (versions 8.0 and higher), Safari, Google Chrome, and Microsoft Internet Explorer (versions 8.0 and higher) for the following operating systems: Windows 2000, Windows XP, Windows Vista, Windows 7, Windows 8, and Mac OSX.
2. In connection with our services, you may use a domain name that you already own or a domain that we can acquire for you at your request. In either case, you are the owner of the domain name and are responsible for maintaining and renewing it, including all related registration fees and costs. If you authorize us to use a domain name that you already own, WDS is not liable for any loss of email or any delays that may be caused when we assume the hosting of the domain. When you purchase a domain name through us, your purchase is non-refundable and subject to availability.
3. While WDS is not responsible for the renewal of domain names, WDS may, as a courtesy, renew your expiring domain on your behalf for one year, unless you instruct us otherwise at least 15 days prior to the domain expiration date. You will be responsible for the fees and charges for such renewal.
4. You are responsible for providing all content for your site. Stock images and graphics will be used until you submit photos. You should take extreme care diligence in securing and providing your own content for posting. You should ensure that you have ownership of all content you provide to us.
5. Custom edits, upgrades and/or color changes outside the scope of our Marketing may be available at an additional cost through WDS’s support services.
6. You agree to accept notices delivered via e-mail from WDS regarding service, billing and marketing-related issues. WDS agrees to not release your e-mail address to third parties for solicitation purposes.
Intellectual Property and Data
7. WDS shall own the content that we author in connection with your website. Web Domain Solution and the year of creation, will appear on all websites created for you by WDS.
8. As between you and WDS, you will be the owner of the content (including text, trademarks, photographs, logos, graphic designs and other images, collectively “Your Content”) that you create or otherwise own or license and post on your website. You unconditionally represent and warrant that you own or are otherwise licensed to use all of Your Content in connection with the website as contemplated by these Terms and the WDS services. We are not responsible for verifying your ownership of such rights. You agree to indemnify, defend and hold WDS harmless from and against any and all damages, costs, expenses (including attorneys fees and costs) of any kind or nature arising from Your Content, including any claims of infringement of any intellectual property rights or rights of privacy or publicity.
10. Some of the services offered by us to end users on your website may involve the disclosure of end user information to third parties.
11. WDS has no control over and is not responsible for the content of sites that you may choose to link to from your websites. WDS assumes no responsibility for the content of a site your site links to or if a site that you choose to link to has inaccurate data, goes offline, or does not allow linking to it for any reason. You are independently responsible for accuracy of content posted on your own website including phone numbers, e-mail, contact information, etc.
12. All services offered by WDS are to be used lawfully in compliance with all federal, state, and local laws and regulations as well as all industry standards and best practices.
13. WDS will not be responsible for the loss of data, profits, opportunity costs or other consequential damages, or for any damages suffered or revenues lost through the use of our services or for loss of service due to network outages, regardless of cause (including but not limited to: human error, hardware failure, software failure, or telephone company or ISP outages). WDS’s liability for any claims whatsoever, whether arising in tort or contract, including claims based on design, error, omission, negligence, defect, failure to maintain service, or any other claim shall not exceed the the amounts you have paid to WDS under these Terms.
15. Web Domain Solution agrees to ship any products (i.e. business cards, flyers, etc.) to be delivered within 10 business days to client after order has been completed.
16. You will be responsible for monthly Service and Maintenence fees which may include fees associated with your website and additional products and services you may have purchased. Service and Maintenence charges begin accruing upon purchase.
17. The credit card you provide to WDS will be automatically billed monthly for all charges associated with the account. If you are delinquent on a payment, WDS may deactivate your site, without notice.
18. If your credit card expires, and you don’t provide WDS an updated expiration date, you agree to allow WDS to extend the expiration date.
19. You, or your authorized representative, have up to 10 business days following the date of your acceptance of these Terms to cancel service and receive a full refund. After 10 business days, all sales will be considered final. As an example, if you purchase a website on Monday, you will be eligible for a refund through the end of business on Thursday.
20. After the cancellation period provided stated in the paragraph above, you may cancel monthly service by providing us with 30 days prior notice. You will be responsible for any charges incurred after 30 day notice is given, which includes, but is not limited to, monthly website hosting, domain renewals, email services, traffic products, or any other services purchased from WDS. An email will be sent to the email address on file to confirm cancellation.
21. In order to protect your account, if you wish to cancel your service, you must contact WDS Customer Service via telephone at 1-877-275-9009 so that we can authenticate that your are the authorized account user. All cancellation requests must be verbally communicated directly to a WDS Customer Representative.
22. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California and the Federal Laws of the United States of America. Actions relating to this Agreement, including but not limited to its interpretation, application or existence shall be brought exclusively in state or federal courts located in San Diego County, California and you irrevocably consent to the exclusive jurisdiction of such courts.
23. You may not bring any action against WDS on a class or representative basis. You may not act as a private attorney general or class representative, nor participate as a member of a class of claimants, with respect to any dispute or claim between us.
24. If and to the extent any provision of these Terms is held invalid or unenforceable at law, such provision will be deemed stricken and the remainder of these Terms will continue in effect and be valid and enforceable to the fullest extent permitted by law.
25. These Terms are the complete and exclusive statement regarding the subject matter of these Terms and supersede all prior and contemporaneous agreements, understandings and communications, oral or written, between us regarding such subject matter.
26. These Terms are subject to change. We may notify you of any changes via email or by posting a notice in the marketing control center. Your continued use of our services will constitute your acceptance of the changed Terms.
27. The waiver of any provision on one occasion will not constitute a waiver of such provision on any other occasion, and any failure to enforce any of the provisions of these Terms will not constitute a waiver. No waiver of a right or remedy under this Agreement will be binding upon a Party unless it is in writing and signed by its authorized representative.
28. This Agreement does not create any agency or partnership relationship.
29. You may not assign these Terms, in whole or in part, to any other person or entity without our consent. We may assign these Terms without your consent, including in connection with the sale of our assets. This Agreement is binding upon and inures to the benefit of the parties and their heirs, executors, legal and personal representatives, successors and assigns, as the case may be.