Terms of Use
Please read carefully!
YourWebPro, directly and through its affiliates, is the interactive on-line service operated on the World Wide Web of the Internet, consisting of information services and content provided by YourWebPro, affiliates of YourWebPro and other third parties.
"Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of YourWebPro.
General.
(A) This Agreement, which incorporates by reference other provisions applicable to use of YourWebPro, including, but not limited to, supplemental terms and conditions governing the use of certain specific material contained in YourWebPro, sets forth the terms and conditions that apply to use of YourWebPro by Subscriber. By using YourWebPro (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use YourWebPro is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.
(B) U.S. Export Controls. Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, 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 represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
(C) YourWebPro shall have the right at any time to change or discontinue any element, feature, option or upgrade of YourWebPro, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Service Level Agreement -- Uptime Guarantee
The Service Level Agreement (SLA) covers certain aspects of YourWebPro.com. Our goal is to achieve at least 99% Service Availability for all customers.
In the event that your service falls below 99% availability you may request a credit per the terms and conditions of the SLA.
Requests for credits must be received by YourWebPro within twenty four hours (24 hours) after the incident for which the review is being requested. Requests must be in writing via eMail to support@yourwebpro.com.
Each request in connection with this SLA must include the dates and times of the unavailability of customer's Web site and must be received by YourWebPro within ten (10) business days after the customer's Web Site was not available. If the unavailability is confirmed by YourWebPro, credits will be applied within two billing cycles after YourWebPro's receipt of the customer's credit request. Credits are not refundable and can be used only towards future billing charges.
Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total hosting fee paid by customer for such month for the affected Services.
Credits are exclusive of any applicable taxes charged to customer or collected by YourWebPro and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Service Availability of customer's Web site.
If the unavailability is confirmed by YourWebPro, a credit will be applied within two (2) weeks. Credits are not refundable and can only be used for current or future charges.
Complete terms and conditions of SLA can be found below.
Coverage; Definitions
This Service Availability Service Level Agreement (SLA) applies to you ("subscriber".) As used herein, the term "Service Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the content of customer's Web site is available for access by third parties through HTTP and HTTPS, as measured by YourWebPro.
Service Level
Goal:
YourWebPro's goal is to achieve 100% Service Availability for all customers.
Remedy:
Subject to conditions defined below, if the Service Availability of customer's Web site is less than 100%, YourWebPro will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services:
Service Availability Credit Percentage
99.9% - 100%
0%
98% - 99.8%
10%
95% - 97.9%
25%
90% - 94.9%
50%
89.9% or below
100%
Exceptions
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:
1. circumstances beyond YourWebPro's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
2. failure of access circuits to the YourWebPro Network, unless such failure is caused solely by YourWebPro;
3. scheduled maintenance and emergency maintenance and upgrades;
4. DNS issues outside the direct control of YourWebPro;
5. issues with FTP, POP, IMAP, or SMTP customer access;
6. false SLA breaches reported as a result of outages or errors of any YourWebPro measurement system;
7. customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of YourWebPro's Terms and Conditions and Acceptable Use Policy;
8. eMail or webmail delivery and transmission;
9. DNS (Domain Name Server) Propagation.
10. outages elsewhere on the Internet that hinder access to your account. YourWebPro is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. YourWebPro will guarantee only those areas considered under the control of YourWebPro: YourWebPro server links to the Internet, YourWebPro's routers, and YourWebPro's servers.
Changed Terms.
YourWebPro shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of YourWebPro, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on YourWebPro, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of YourWebPro by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
Domain Names - Registration.
Upon request, YourWebPro will arrange for, and register a domain address to be utilized by Subscriber and propagate it on the World Wide Web for Internet users ease of locating Subscribers' (YourWebPro provided) website. Should the requested domain be unavailable, YourWebPro will notify Subscriber and request an alternate name(s) to be associated with the website. All domain names registered by YourWebPro remain the property of YourWebPro, Inc., and are provided for exclusive use by the Subscriber during the subscription period. Initial domain name registration and first year use is included in the subscription price; for each subsequent twelve month period, a twenty five dollar ($25.00) fee is accessed. This includes hosting and maintenance of the website itself and all eMail accounts associated with the domain.
Should the Subscriber terminate the subscription to use YourWebPro during the first 30 days of service, YourWebPro will make the domain name (domain name only) available for transfer or sale to another registrar or hosting company. Any outstanding hosting, subsciption, search engine ranking service, domain renewal fees, or fees for any other special services provided by YourWebPro must be paid up-to-date and Subscriber must be in good credit standing. Upon transference, YourWebPro will assess a one-time charge of one Seventy five dollars ($75.00) processing fee.
Equipment.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of YourWebPro and all charges related thereto.
Subscription Fees.
Subscriber agrees to pay YourWebPro for his/her subscription to the Service and for all use of Subscriber's account, including applicable charges for setup and installation, if any.
Charges for Service are set forth on a separate price list of which Subscriber hereby acknowledges he has read, understands and agrees to. While subscription charges are subject to change, YourWebPro will inform Subscriber of such changes by (1) eMailing the notice of change to the eMail address on file, or (2) By posting such notice on the YourWebPro website.
Recurring monthly charges are billed once monthly in advance. By supplying a valid credit card, and with continued use of the service, you authorize YourWebPro to charge the monthly service to the credit card of record.
Failure to ensure your subscription fees are up-to-date may result in our deactivating your service until subscriptions fees are made current. A $25.00 reactivation fee may be accessed to the credit card you placed on file.
You may discontinue your subscription and use of the service AT ANY TIME and with NO ADVANCE NOTICE by sending an eMail to customerservice@yourwebpro.com.
All service will be terminated immediately upon receipt of your request for cancellation of service, unless you specifically state otherwise. No refund will be issued for the unused portion of the monthly subscription period.
Any inadvertent over-payment, excess payment we receive or refunds, are immediately credited to the respective credit card you place on file with us, or refunded by check and mailed to the Subscribers business address on file.
Subscriber Conduct.
(A) Subscriber shall use YourWebPro for lawful purposes only. Subscriber shall not post or transmit through YourWebPro any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without YourWebPro's express prior approval, contains advertising or any solicitation with respect to products or services or covertly modifies another user's use of the Internet in any fashion or form, mechanically or technically. Any conduct by a Subscriber that in YourWebPro's discretion restricts or inhibits any other Subscriber from using or enjoying YourWebPro will not be permitted. Subscriber shall not use YourWebPro to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with YourWebPro.
(B) YourWebPro contains copyrighted material, trademarks and other proprietary information, including, but not limited to, website pre-defined styles, text, software, photos, video, graphics, music and sound, and the entire contents of YourWebPro are copyrighted as a collective work under the United States copyright laws. YourWebPro owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may not download, copy or in any other manner, electronic or otherwise, copyrighted material for Subscriber's personal use. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of copyrighted material will be permitted without the express permission of YourWebPro and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on YourWebPro any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of YourWebPro, Subscriber automatically grants, or warrants that the owner of such material has expressly granted YourWebPro the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants YourWebPro the right to edit, copy, publish and distribute any material made available on YourWebPro by Subscriber.
(D) Subscriber content:
Content in the form of narrative, pictures, or any other material or element(s), supplied by subscriber to be utilized as elements of the website, remain the property of subscriber.
Upon cancellation of the service or discontinuance of use of the service by subsciber, for any reason, aforementioned material will, at the request of subscriber, be made available to subscriber to be utilized for any other purpose.
In the case subscriber chooses to use any (universal) elements of any nature and in any form, not originally supplied by subscriber, subscriber will arrange for use of said elements at subscribers' discretion and cost, if any.
(E) The foregoing provisions of Section 5 are for the benefit of YourWebPro, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT YOURWEBPRO IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL YOURWEBPRO , OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING YOURWEBPRO OR THE YOURWEBPRO SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE YOURWEBPRO . SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON YOURWEBPRO.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, YOURWEBPRO , NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
Communicating with Us - YourWebPro adheres to a strict “No Verbal Order” policy.
YourWebPro staff and management will make every attempt to accomplish requests made by subscribers in a timely manner.
To ensure we are accurately attending to requests, our personnel will not accept nor act upon any verbal order not confirmed and validated in writing.
This policy protects the integrity of content, narrative and images, plus any and all content whether hidden or displayed on your website and ensures these elements are added or modified to the exact specifications requested by the client.
While we will discuss and confer with you any element of your website and the content displayed, (or hidden) prior to setup or installation, we WILL NOT begin to affect any request until a written confirmation detailing the specification and scope of work as been received.
Written confirmation is considered to be in any reasonable form including eMail, tele-facsimile, hand delivered (US Post Office, Fed Ex, UPS) or in person via hand written note.
Monitoring.
YourWebPro shall have the right, but not the obligation, to monitor the content of YourWebPro, to determine compliance with this Agreement and any operating rules established by YourWebPro and to satisfy any law, regulation or authorized government request. YourWebPro shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on YourWebPro. Without limiting the foregoing, YourWebPro shall have the right to remove any material that YourWebPro, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Termination.
Either YourWebPro or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, YourWebPro shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which YourWebPro, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement, or any other Agreement between the parties. The provisions of this agreement shall survive termination by the Subscriber.
Trademarks.
YourWebPro and each of the logos are the sole property of YourWebPro, Inc. All rights reserved. All other trademarks appearing on YourWebPro are the property of their respective owners.
Third Party Content.
YourWebPro is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, YourWebPro has no more editorial control over such content than does a public library. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of YourWebPro, are those of the respective author(s) or distributor(s) and not of YourWebPro. Neither YourWebPro nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through YourWebPro represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with YourWebPro. YourWebPro neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on YourWebPro by anyone other than authorized YourWebPro employee spokespersons while acting in their official capacities. Under no circumstances will YourWebPro be liable for any loss or damage caused by a Subscriber's reliance on information obtained through YourWebPro. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through YourWebPro. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Miscellaneous.
This Agreement and any operating rules for YourWebPro established by YourWebPro constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Copyrights and Copyright Agent.
YourWebPro respects the rights of all copyright holders and in this regard, YourWebPro has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide YourWebPro's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
CONSEQUENTIAL DAMAGES WAIVER
WHILE SUBSCRIBING FOR USE OF THE YOURWEBPRO WEB DEVELOPMENT TOOL, SUBSCRIBER AGREES AND UNDERSTANDS THE SERVICE IS SOLD "AS IS." NO GUARANTEE OR WARRANTY OF MERCHANTABILITY OF THE SERVICE, AVAILABILITY OF SERVICE, OR FITNESS FOR USE OF THE SERVICE IS OFFERED. SUBSCRIBER USES THE SERVICE AT SUBSCRIBER'S OWN RISK AND IN NO EVENT WILL YOURWEBPRO, ITS AFFILIATES, ADVERTISERS OR EMPLOYEES BE LIABLE OR RESPONSIBLE TO THE SUBSCRIBER(S) FOR ANY TYPE OF INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
Governing Law and Venue.
This Agreement shall be governed by, and construed in accordance with the laws of the State of Illinois. If any provision of this Agreement is invalid under any applicable law, it shall be ineffective, but the remainder of this Agreement shall continue in full force and effect. The Circuit Court located in Cook County, Illinois shall have exclusive jurisdiction and venue over all controversies which may arise out of this Agreement.
Indemnification.
Subscriber will indemnify, defend and hold YourWebPro, its affiliates, advertisers and employees harmless from and against any and all costs, liabilities, losses, lost opportunities and expenses (including, but not limited to, reasonable attorneys' fees) (collectively, "Losses") resulting from any claim, suit, action, or proceeding (each, an "Action") relating to the delivery or use of the Service by subscriber or subscribers' customer(s.)