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CONTENTS
Terms for Web Hosting
Terms for Web site Designs
TERMS OF USE FOR WEB HOSTING
is is a legal and binding agreement between you, the Customer,
and Web Host Fort.
By using, installing or accessing the Web Host Fort website,
the Services and
certain Products that are offered, as our Customer you agree
to all of the terms
and conditions of this agreement. If you do not agree to these
terms, the Acceptable
Use Policy or any other Terms and Conditions posted on the
Web Host Fort web site,
all services will be discontinued, activation of the account
will cease and your
account terminated.
END USER LICENSE AGREEMENT
LICENSE GRANT. Subject to the provisions contained herein
and payment of applicable
fees, Web Host Fort hereby grants to you a non-exclusive,
nontransferable, license
to use its accompanying proprietary software application products
offered on the
Web Host Fort web site ("Software",) for your own
use. Such Software is protected
by the Web Host Fort laws of the United States and international
Web Host Fort
treaties.
RESTRICTED USE. All rights not expressly granted herein are
retained by Web Host Fort
and its licensors. Except as stated above, this Agreement
does not grant the Customer
any intellectual property rights in the Software. Customer
shall not rent, lease,
transfer or sublicense the Software. Customer shall not under
any circumstances nor
shall Customer permit a third party to
(i) decompile, disassemble, reverse engineer or otherwise
attempt to reconstruct or
discover the source code of the Software or
(ii) prepare derivative of the Software or (iii) remove any
product identification,
Web Host Fort, trademark or other notice from the Software.
Any such copy made
by you shall be subject to this Agreement and shall contain
all of Web Host Fort's
notices regarding Web Host Fort's, trademarks and other proprietary
rights as
contained in the Software originally provided to you.
TITLE. The Software's organization, structure, sequence, logic,
and source code are
valuable to the Company. Any and all title, ownership rights,
and intellectual
property rights in and to the Software and Documentation shall
remain at any and all
times in Web Host Fort and/or its suppliers. Title, ownership
rights, and
intellectual property rights in and to the content accessed
through the Software is
the property of the applicable content owner and may be protected
by applicable
Web Host Fort or other law. This License does not give Customer
any rights to
such content.
LIMITED WARRANTY. Web Host Fort warrants to the Customer,
for a period of
ninety (90) days from the date of this agreement, installation
of Software, or
use of services, whichever is earlier, that it will replace
any defective media
on which the Software is provided and that the Software, if
not modified and if
properly installed and used, will substantially conform to
the material
specifications set forth in the documentation, Such warranties
are for the
Customer's benefit only and are not transferable. Web Host
Fort does not
warrant that the Software will operate error free or uninterrupted
or will meet
your requirements. Except for the express warranties stated
in this section, the
Software are licensed "as is" and Web Host Fort
specifically excludes and
disclaims all warranties of merchantability, fitness for a
particular purpose,
statutory noninfringement of third party intellectual property
rights and any
warranty that may arise by reason of trade usage, custom or
course of dealing
and Customer hereby expressly waives any and all such warranties.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
HAVE OTHER LEGAL RIGHTS
THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER
NO LEGAL THEORY, TORT,
CONTRACT, OR OTHERWISE, SHALL Web Host Fort OR ITS SUPPLIERS
OR RESELLERS BE
LIABLE TO YOU OR ANY OTIER PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
OR ANY AND
ALL OTFER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES
IN EXCESS OF
Web Host Fort'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND
DOCUMENTATION,
EYEN IF Web Host Fort SHALL HAVE BEEN INFORMED OF TFE POSSIBILITY
OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTFER PARTY. THIS LIMITATION
OF LIABILITY SHALL
NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE
EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT
ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION
MAY NOT APPLY TO YOU.
EXPORT CONTROLS. You may not download, use or otherwise export
the Software or any
underlying information or technology except in full compliance
with all United
States and other applicable laws and regulations. In particular,
but without
limitation, none of the Software or underlying information
or technology may be
downloaded, used or otherwise exported or reexported (i) into
(or to a national
or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North
Korea, Iran, Syria or
any other country to which the U.S. has embargoed goods; or
(ii) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals
or the U.S.
Commerce Department's Table of Deny Orders. By downloading
or using the Software,
you are agreeing to the foregoing and you are representing
and warranting that you
are not located in, under the control of, or a national or
resident of any such
country or on any such list.
TERMINATION. This Agreement is effective until terminated.
Web Host Fort
may terminate this Agreement immediately if Customer attempts
to reverse engineer
the Software or otherwise violate any of the restrictive uses
as described herein.
Otherwise, this Agreement may be terminated by either party
for a breach of any of
its material terms, provided the non-breaching party provides
to the breaching party
30 days written notice describing such breach and offering
the breaching party an
opportunity to cure. Failure to cure a material breach within
the notice period
shall result in automatic termination of this Agreement. Should
this Agreement be
terminated for your material breach, Customer agrees to remove
all copies of the
Software or any part of the Software from any and all computer
storage devices,
and destroy the Software and all Documentation. At Web Host
Fort's request,
Customer or any of Customer's authorized signatory on the
account, shall certify
in writing to Web Host Fort that all complete and partial
copies of the
Software and the Documentation have been destroyed and that
none remain in
Customer's possession or under its control. The provisions
of this Agreement except
for the Section 1, "License Grant," shall survive.
MISCELLANEOUS. This Agreement represents the complete and
exclusive statement
of the agreements concerning this license between the parties
and supersedes
all prior agreements and representations between them. It
may be amended only
by a writing executed by both parties. THE ACCEPTANCE OF ANY
PURCHASE ORDER
PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT
TO TIE TFRMS SET
FORTH HEREIN, AND Web Host Fort AGREES TO FURNISH TFE SOFTWARE
AND
DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED
IN YOUR PURCHASE
ORDER. If any provision of this Agreement is held to be unenforceable
for any
reason, such provision shall be reformed only to the extent
necessary to make.
It enforceable, and such decision shall not affect the enforceability
(i) of such provision under other circumstances or
(ii) of the remaining provisions hereof under all circumstances.
Headings shall
not be considered in interpreting this Agreement. This Agreement
shall be
governed by and construed under the law of Web Host Fort <state>
as such law applies
to agreements between Web Host Fort <state> residents
entered into and to be performed
entirely within Web Host Fort <state>, except as governed
by Federal Law. This
Agreement will not be governed by the United Nations Convention
of Contracts for
the International Sale of Goods, the application of which
is hereby expressly
excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure
by the
Government is subject to restrictions set forth in subparagraphs
(a) through
(d) of the Commercial Computer-Restricted Rights clause at
FAR 52.227-19 when
applicable, or in subparagraph (c)(l)(ii) of the Rights in
Technical Data and
Computer Software clause at DFARS 252.227-7013, and in similar
clauses in the
NASA FAR Supplement. Contractor / manufacturer is Web Host
Fort.
Dubai, Dubai, NA 7201
TERMS OF USE FOR WEBSITE DESIGNS
1. IMPORTANT INFORMATION
You should carefully read the following terms and conditions.
Your purchase or use of our products implies that you have
read and accepted these terms and conditions.
2. LICENSE
Our website grants you a nonexclusive limited license to use
the web templates and other products sold through our web
site by independent content providers (the "products")
in accordance with these Terms and Conditions (the "license")
issued by our company.
a) LIMITED USAGE GRANTED
You may only use each individual product on a single website,
belonging to either you or your client. You have to purchase
same template once more in order to make another project with
the same design
b) MODIFICATIONS
You are authorized to make any necessary modification(s) to
our products to fit your purposes.
c) UNAUTHORIZED USE
You may not place any of our products, modified or unmodified,
on a diskette, CD, website or any other medium and offer them
for redistribution or resale of any kind without prior written
consent from our company.
d) ASSIGNABILITY
You may not sub-license, assign, or transfer this license
to anyone else without prior written consent from templatemonster.com.
e) OWNERSHIP
You may not claim intellectual or exclusive ownership to any
of our products, modified or unmodified. All products are
property of independent content providers.
Our products are provided "as is" without warranty
of any kind, either expressed or implied. In no event shall
our juridical person be liable for any damages including,
but not limited to, direct, indirect, special, incidental
or consequential damages or other losses arising out of the
use of or inability to use our products.
3. OUR REFUND POLICY
Since our company is offering non-tangible irrevocable goods
we do not issue refunds after the product is shipped, which
you are responsible for understanding upon purchasing any
article at our site. Please make sure that you've carefully
read 'sources available' section. We only make exceptions
with this rule when the product appears to be not-as-described
on a case by case basis in agreement of the parties concerned.
The deadline for any refund claim is one week after the delivery
date
4. ANTIFRAUD CHECK
Customer purchase can be suspended for manual antifraud check
for 10-20 minutes as well as it can be suspended for longer
term (around 20 hours) for more serious investigation. Antifraud
check occurs because of growing number of fraud transactions
from persons who are not actual cardholders of the credit
cards used during purchase.
Our company reserves the right to change or modify these
terms with no prior notice.
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