Web Design, Consulting, &  Maintenance:
Terms of Service

The use of services from WyzeWebs.com, [hereafter referred to as we, our, us, designer, contractor] constitutes agreement to these terms.

Definitions:
The following Terms of Service identify the user of services, [also referred to as client, subscriber, customer, your and you].

The terms [we, our, us, designer, contractor] identify WyzeWebs.com.

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with a full name and address, business name where applicable, and email address. If there is ever an issue about which we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.

2.) Content:

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All services provided by us may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, the State of Rhode Island, the State of Connecticut, and the United States of America apply. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, pornography.

The customer agrees to indemnify us and hold us harmless from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. It is the client's responsibility to assure that all materials supplied for us in design or client's website(s), is the property of the client's or is properly licensed to the client for the intended use. The client's website may not offer for sale any counterfeit merchandise of a trademark holder or material that the client does not have he legal right to use on client's website. The attempted usage of such unauthorized materials will result in the immediate termination of your account. If, in our opinion, the licensing of materials used is an issue, we may require further documentation.

We reserve the right to refuse service to anyone. Any material that in our judgment that is obscene or threatening is prohibited and will be cause for termination of services.

Failure to respond to email from us within 48 hours regarding licensing, obscenity, or abuse issues may result in the suspension of your account.

If in doubt regarding the acceptability of your site materials or service, please contact us and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to be attempting to host child pornography or linking to child pornography will be terminated immediately without notice.

Violations will be reported to the appropriate law enforcement agency.

3.) Zero Tolerance Spam Policy:

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We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice.

We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at our sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion.

4.) Payment Information:

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You agree to supply appropriate payment for the services received from us, according to a mutually agreed upon payment schedule, during the time in which such services are provided.

5.) Backups and Data Loss:

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We provide to the client a full copy of all files which make up the client's website as developed by us. Although we take precautions to provide a backup of all client files in our archives, we are not responsible for maintaining full backups of your website. You agree to take full responsibility for files and data which make up your website and to maintain all appropriate backup of files.

6.) Cancellation and Refunds:

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We reserve the right to cancel the account at any time.

Customers may cancel at any time.

In the event of cancellation by either party, Unexpended funds for web design, development, consulting and expenses on behalf of the client will refunded to the client.

If the client owes, at the time of cancellation, additional fees for work performed and expenses in excess of prepaid amounts, the client shall pay the balance due within 15 business days.

The client is also responsible for all content stored or transmitted under their account. We will hold any client responsible for any actions that violate the law or the terms of service.

7.) Indemnification:

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Customer agrees that it 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, its agents, its 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. Customer agrees to defend, indemnify and hold harmless any 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 and (4) any defective products sold to customers from our server.

8.) Disclaimer:

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We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.

9.) Privacy Policy:

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We will not, under any circumstances, render customer information such as names, addresses and phone numbers, unto any third party, unless required to appease law enforcement or any other laws of United States.
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10.) Disclosure to law enforcement:

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We may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

11.) Changes to the TOS:

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We reserve the right to revise its policies at any time without notice.

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