Terms of Service
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Customer Compliance
By using our services, customer agrees to comply with our policies which includes the terms and conditions written in this statement as well as our Acceptable Use Policy, No Spam Policy, Service Level Agreement, Privacy Policy, and Copyright Statement. Non-compliance with our policies may result in account suspension or termination.
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Domain Name Registration, Ownership, and Expiration
- We use third-party services to register domain names for our customer's behalf. Domain names bought from third-party services are under the name and ownership of Webmarkster Website Development. Customers are welcomed to request domain name ownership transfer if they wish to (transfer service fees may apply). Customers must take note that once the domain names are transferred to their ownership, we are no longer responsible for any third-party billing or technical issues.
- Expired domain names are given at least ten (10) days grace period to renew their domain names without additional fees or surcharge. If the customer fails to renew their domain names after the grace period, the expired domain names are entered in to redemption period which lasts up to 80 days. During redemption period customers must pay additional fees or surcharge called "redemption fees" in order to redeem an expired domain. Redemption fees usually costs $80, this amount is subject for changes. Grace periods and redemption periods are imposed by third-party domain registrants and registries. Webmarkster has no responsibility or interest for fines or rules implied by third-party services. Webmarkster recommends renewing your domain names early to avoid unnecessary hassles and disputes.
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Subscription Billing Notice
Customers are billed at least ten (10) days before their subscription expires. Billing notices are courtesy reminders; customers are responsible for paying their subscriptions fees with or without billing notices.
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Account Cancellation
- Customers may request their account cancelled by contacting the customer service department.
- We reserve the right to cancel accounts at our sole discretion or for any violation of our policies. We will not issue a refund for accounts canceled due to violation of our policies.
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Account Suspension and Termination
In the event of a violation of our policies, customer's account may be suspended or terminated with or without notice. It is the duty of the customer to comply with our policies to avoid account suspension or termination.
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No Refund Policy
- Should customers wish to cancel their subscription, all payments already made can no longer be refunded and is consumable up to its corresponding subscription length.
- If the account was suspended or terminated due to a violation of the policies, no refund will be issued.
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Data Backup Policy
We perform regular backups for administrative purposes only and we do not guarantee that we can provide accurate, updated or any backups all the time. Even the best, most complete and redundant backup systems can and do fail for a variety of reasons therefore customers are responsible for their own backups and they must not rely on our backup service for retrieval of lost data. We are not responsible for retrieval of any data lost.
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Force Majeure
We shall not be liable or deemed to be in default for any delay or failure in performance or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond our reasonable control.
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Indemnification
Customers agree that they shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, our agents, our customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customers agree to defend, indemnify and hold us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement.
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Disclaimer
- We shall not be liable under any circumstances for any indirect, incidental, special or consequential damages, punitive or exemplary damages, or for any loss of profits, loss of revenue, loss of use, or loss of data resulting from the use of our services by customer or any third parties, regardless of the form of action or theory of liability, or any loss of data resulting from delays, non-deliveries, or service interruptions.
- We provide the services and products as is, without warranty of any kind, whether express or implied. We disclaim all warranties of non-infringement of any third-party rights, and disclaim all implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Customer shall be solely responsible for the selection, use, and suitability of the services and we shall have no liability therefore.
- We do not assume any liability for the completeness, accuracy, or usefulness of any information disclosed or materials accessed through our services, our systems, our networks, or the internet.
Last updated: July 30, 2009
