Terms of Service

This is the complete The Web Empire's terms of services agreement and policies:

Privacy Policy:

Your privacy is very important to The Web Empire LLC ("The Web Empire LLC"). We want to make your experience using our services and on the Internet as enjoyable and rewarding as possible, and we want you to use the Internet's vast array of information, tools and opportunities with complete confidence.

We have created this Privacy Policy to demonstrate our firm commitment to privacy and security. This Privacy Policy describes how The Web Empire LLC collects information from all end users of The Web Empire LLC's Internet services (the "Services") - those who access some of our Services but do not have accounts ("Visitors") as well as those who pay a service fee to subscribe to the Service ("Users") - what we do with the information we collect, and the choices Visitors and Users have concerning the collection and use of such information. The Web Empire LLC requests that you read this Privacy Policy carefully.

Introduction. The Web Empire LLC collects information in different ways from Visitors and Users who access the various parts of our Services and the network of Web sites accessible through our Services. We use this information primarily to provide a customized experience as You use our Services and, generally, do not share this information with third parties. However, we may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that such disclosure is required or permitted by law or other special cases described below.

Registration and Account Information. Users are asked to provide certain personal information when they sign up for our Services including name, address, telephone number, billing information (such as a credit card number), and the type of personal computer being used to access the Services. In addition, Users are asked to complete an online form that collects information about demographics, product usage and preferences, along with other information that will help us improve our products and services. The personal information collected from Users through these forms is used to manage each User's account (such as for billing purposes) and provide Users with information about services that may be of interest to them. This information is not shared with third parties, unless specifically stated otherwise or in special circumstances. However, in instances where The Web Empire LLC and a partner jointly promote the Services, The Web Empire LLC may provide the partner certain personal information, such as the name, address, and username of persons who subscribed to the Services as a result of the joint promotion for the sole purpose of allowing us and the partner to assess the results of the promotion. In this instance, personal information may not be used by the partner for any other purpose. The Web Empire LLC may also generate non-identifying and aggregate profiles from personal information Users provide during registration (such as the total number, but not the names, of Users). As explained in more detail below, we may in certain instances use this aggregated and non-identifying information to sell advertisements that appear on the Services.

Domain Registration. Domain name registration information legally has to be available to the public. Since domain name registration information is available to the public, anyone can access it through "WHOIS" searches. The WHOIS database is a publicly accessible database that lists the domain name and contact information of each registrant. The domain name registration you provide is hosted by us to the public. At times, our Users may receive solicitations that result from searches of the publicly available WHOIS database conducted by other companies or individuals. However, the solicitation and/or SPAM they receive does not in any way come from The Web Empire LLC.

The Web Empire LLC Partners and Sponsors. Some products and services are offered to Visitors and Users in conjunction with a partner (e.g., domain registration). To provide Visitors and Users with some of these products and services, the partner may need to collect and maintain personal information. In these instances, we will provide such data collected or transferred to our Partners and Sponsors. Additionally, many The Web Empire LLC Users have co-branded pages that are co-sponsored by non-affiliated partners. The Web Empire LLC will share non-identifying and aggregate information (except as described above), but not personal information, with such partners in order to administer the co-branded products or services offered.

Online Shopping. At some Web sites that you access through links on The Web Empire LLC, you can purchase products and services or register to receive materials, such as a catalog or new product updates. In many cases, you may be asked to provide contact information, such as your name, address, e-mail address, phone number, and credit/debit card information. If you complete an order for a Web site or service that is not provided by The Web Empire LLC, The Web Empire LLC has no control over the third parties' use of any personal information you provide when placing such an order. Please exercise care when doing so. If you order products directly from The Web Empire LLC, we will use the personal information you provide only to process that order. We do not share this information with outside parties except to the extent necessary to complete that order.

Online Advertisements. The Web Empire LLC does not share personal information about its Visitors or Users with advertisers. The Web Empire LLC may display online advertisements and may share aggregated and non-identifying information about our Visitors and Users collected through the registration process, as well as through online surveys and promotions with these advertisers. Additionally, in some instances, we use this aggregated and non-identifying information to deliver tailored advertisements. For instance, an advertiser tells us the audience they want to reach (for example, males between 25 and 55 years of age) and provides us an advertisement tailored to the audience. Based upon the aggregated and non-identifying information we have collected, we may then display the advertisement to the intended audience.

Responses to E-mail Inquiries. When Visitors or Users send e-mail inquiries to The Web Empire LLC, the return e-mail address is used to answer the e-mail inquiry we receive. The Web Empire LLC does not use the return e-mail address for any other purpose and does not share the return e-mail address with any third party.

Voluntary Customer Surveys. We may periodically conduct both business and individual customer surveys. We encourage our Users to participate in these surveys because they provide us with important information that helps us to improve the types of services we offer and how we provide them to you. Your personal information and responses will remain strictly confidential, even if the survey is conducted by a third party. Participation in our customer surveys is voluntary. We take the information we receive from individuals responding to our Customer Surveys and combine (or aggregate) it with the responses of other The Web Empire LLC Users to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you, and to develop new services and products. This aggregated, non-personally identifying information may be shared with third parties. Unless otherwise noted in the survey invitation or the survey itself, Users have the option of completing surveys anonymously or providing us with contact information. We may use the contact information to follow up with Users based on the answers they provide. We may also contact you to highlight the changes we have made in response to feedback.

Special Cases. It is The Web Empire LLC's policy not to use or share the personal information about Visitors of Users in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses. However, The Web Empire LLC may disclose personal information about Visitors or Users, or information regarding your use of the Services or Web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies; to operate the Services properly; or to protect The Web Empire LLC and our Users.

"Cookies" and How The Web Empire LLC Uses Them. A "cookie" is a small data file that can be placed on your hard drive when you visit certain Web sites. The Web Empire LLC may use cookies to collect, store, and sometimes track information for statistical purposes to improve the products and services we provide and to manage our telecommunications networks.. These cookies do not enable third parties to access any of your User information. Additionally, be aware that if you visit non-The Web Empire LLC Web sites where you are prompted to log in or that are customizable, you may be required to accept cookies. Advertisers and partners may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them. In addition, The Web Empire LLC utilizes cookies to track referrals from internal and external affiliates, as well as advertising campaigns.

The Web Empire LLC Statistics.

We use information gathered from our site statistics (for example, User IP addresses) to help diagnose problems with our servers, and to administer our Web site. We also gather broad demographic information from this data to help us improve our site and make your browsing and purchasing experience more enjoyable. This is not linked to any personally identifiable information, except as necessary to prevent fraud or abuse on our system.

The Web Empire LLC's Commitment to Children's Privacy. Protecting children's privacy is especially important to us. It is our policy to comply with the Children's Online Privacy Protection Act of 1998 and all other applicable laws. While we make every effort to ensure that our web sites are fun and age-appropriate for our younger audience, we believe that there is no substitute for proper parental supervision. The Web Empire LLC recommends that children ask a parent for permission before sending personal information to The Web Empire LLC, or to anyone online.

Public Forums. Please remember that any information you may disclose in our User Directory, Spotlights/case studies, testimonials, Forums, or other public areas of our Web sites or the Internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.

The Web Empire LLC's Commitment to Data Security. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personally identifiable information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party, despite our best efforts.

How to Access or Modify Your Information. To ensure you receive the information you need to manage your account and protect your privacy, please be sure to keep your contact and billing information up to date. You can update all account-related information directly through your Control Panel. Alternatively, you can contact The Web Empire LLC Support by phone or through our online support form.

Where to Direct Questions About The Web Empire LLC's Privacy Policy. If you have any questions about this Privacy Policy or the practices described herein, you may contact: This email address is being protected from spambots. You need JavaScript enabled to view it.

Exceptions.

Except as stated in this policy, we will never give out your information without your permission. As noted above, we may be required to share certain information if one of our partners requires it, but these situations are rare and we will always ask for your explicit permission first. We reserve the right to give out such information without explicit permission in the following circumstances:

As and to the extent required or permitted by law, or where we believe in good-faith that it is reasonably necessary to comply with subpoenas, court orders, other legal process, or requests of governmental authorities;

When intended to report, prevent or assist in the investigation of suspected fraud or other illegal activities, or otherwise to take actions in connection with such activities;

To enforce our Terms of Service or otherwise establish or exercise our legal rights or defense against legal claims; or

Otherwise as provided for in the User Agreement, AUP or this Privacy Policy.

Choice/Opt-Out

When you become a User of The Web Empire LLC, You are automatically subscribed to receive notices about Your account, e-mail newsletters and news of special promotions offered through The Web Empire LLC and/or in conjunction with partners.

To unsubscribe from The Web Empire LLC newsletters and promotional mailings, please update your preferences with our subscription settings tool or e-mail us at The Web Empire LLC Support. If you would like to cancel a The Web Empire LLC membership completely, please contact The Web Empire LLC Support through our online support form.

During the registration process, you are provided with the opportunity to opt out of receiving marketing and promotional communications from The Web Empire LLC and our partners that are not directly related to the services we provide. The Web Empire LLC, its affiliates or partners may use the information associated with your account to contact you with these special offers.

To unsubscribe from The Web Empire LLC newsletters and promotional mailings, please update your preferences with our subscription settings tool or e-mail us at The Web Empire LLC Support.

If you would like to cancel a The Web Empire LLC membership completely, please contact The Web Empire LLC Support through our online support form.

Please note: The Web Empire LLC reserves the right to send e-mail communications relating directly to their accounts to all active members

Security. All payment data collected at The Web Empire LLC is done so with the use of external secure servers (Paypal). The secure server software (SSL) encrypts all payment information you input before it is sent to us. In fact, for your further protection, our Support Agents can not view or access full, usable information about credit card. Furthermore, we take all foreseeable measures to protect the data we collect against unauthorized access.

Revisions to This Policy. The Web Empire LLC reserves the right to revise, amend, or modify this policy, and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Terms of Service

Anti Spam Policy:

The Web Empire LLC ("The Web Empire LLC") maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 ("SPAM").

It is your obligation to ensure that e-mail sent by you, or on your behalf, does not violate this law. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. To avoid action under our AUP, please familiarize yourself with the CAN-SPAM Act by following this link: https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business.

You may not use any of our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network or services may not:

Use or contain invalid or forged headers

Use or contain invalid or non-existent domain names

Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path

Use other means of deceptive addressing

Use a third party's Internet domain name, or be relayed from or through a third party's equipment, without permission of the third party

Contain false or misleading information in the subject line or otherwise contain false or misleading content

Fail to comply with additional technical standards described below

Otherwise violate The Web Empire LLC's User Agreement, AUP and other Terms of Service
The Web Empire LLC does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through its network. The Web Empire LLC does not permit or authorize others to use its network or services to collect, compile or obtain any information about its Users or subscribers, including but not limited to subscriber e-mail addresses, which are The Web Empire LLC's confidential and proprietary information. Use of our network or services is also subject to our User Agreement, AUP and other Terms of Service.

The Web Empire LLC does not permit or authorize any attempt to use its network or services in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party's use and enjoyment of any The Web Empire LLC product or service.

We monitor for SPAM all traffic to and from our servers. Customers suspected of using The Web Empire LLC's products and services for the purpose of sending SPAM will be investigated. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. It is The Web Empire LLC's policy to immediately suspend, terminate and/or cancel any offending Web site or account sending SPAM.

Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. The Web Empire LLC may consider the lack of such proof of explicit affirmative permission of a questionable mailing.

Users are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation.

Users are prohibited from providing services for Web sites that have been included in SPAM, including, but not limited to hosting Web site(s), or providing DNS services or Web site redirect services.

It is a violation of this Policy to commission a third party to send e-mail that is in violation of this policy or of applicable law, even if that third-party does not use The Web Empire LLC systems, networks or resources. E-mail not in compliance with this policy - regardless of source - which contains any reference to a Web site hosted by us or contains any reference or link to a network or system of The Web Empire LLC is prohibited.

If The Web Empire LLC believes that unauthorized or improper use is being made of our network, or any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. The Web Empire LLC may immediately suspend, terminate and/or cancel any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

The Web Empire LLC reserves the right to suspend, terminate and/or cancel permanently any and all services provided to a User without any notification. In addition to any and all other rights hereunder or otherwise, if a Customer is in violation of any term or condition of this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of our services to disrupt or, in The Web Empire LLC's sole judgment, which could disrupt The Web Empire LLC's business operations, The Web Empire LLC reserves the right to charge such Customer an administrative fee equal to $100.00 per each piece of SPAM sent.

To report an incidence of SPAM, please send an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it. .

Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, our network or services. Failure to enforce this policy in every instance does not amount to a waiver of The Web Empire LLC's rights.

The Web Empire LLC maintains computer equipment in several states and countries, and unauthorized use of our network will lead to use of equipment in such states or countries. Unauthorized use of our network in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. §1030, et seq.) and other state and federal laws.

We've developed this Acceptable Use Policy (AUP) to help our Customers understand their responsibilities when using our services. It explains our policies regarding activities that may be harmful to our Users or compromise the efficiency of our shared hosting environment.

We may take preventative or corrective action, at our discretion, in response to any of the activities described in this AUP, along with any activities that contradict the spirit of this AUP or the nature of the Internet as an open, efficient method of communicating and conducting business.

To meet the changing needs of our Users, our business, the Internet environment and the legal landscape, this AUP may be revised at any time and we encourage you to review this AUP on our Web site(s) periodically.

If you feel you have discovered a violation of any area of our AUP (other than notices of alleged infringement by our customers or any court orders, subpoenas, search warrants, or other legal process, the email address for all of which is "This email address is being protected from spambots. You need JavaScript enabled to view it."), please report it.

General Information. As used herein, the term "User" or "Users" shall include any and all users, Customers, subscribers, affiliates (including without limitations Customers or non-Customers to whom The Web Empire LLC provides links or banners to promote the services or products of The Web Empire LLC or any third party the services or products of which are offered by or obtained through or in connection with The Web Empire LLC), resellers or others (i) who sign up for, use or obtain services or products from The Web Empire LLC or from any third party services or products of which are offered by or obtained through or in connection with The Web Empire LLC, or (ii) who visit the Web site of The Web Empire LLC or of any such third party. As a provider of Internet/World Wide Web access, Web site hosting, and other Internet-related services, The Web Empire LLC, ("The Web Empire LLC") offers Users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. The Web Empire LLC respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, The Web Empire LLC reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, The Web Empire LLC has developed this Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each User's respective service agreement and is intended as a guide to the User's rights and obligations when utilizing The Web Empire LLC's services. This AUP will be revised from time to time. A User's use of The Web Empire LLC's services after changes to the AUP are posted on The Web Empire LLC's Web site, under the Terms of Service section, will constitute the User's acceptance of any new or additional terms of the AUP that result from those changes. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When Users or others obtain information through the Internet, they must keep in mind that The Web Empire LLC cannot and does not monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. For this reason, the user must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because The Web Empire LLC cannot monitor or censor the Internet, and will not attempt to do so, The Web Empire LLC cannot and does not accept any responsibility for injury to its Users or others that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When Users or others disseminate information through the Internet, they also must keep in mind that The Web Empire LLC does not review, edit, censor, or take responsibility for any information its users, customers, subscribers or others may create. When Users or others place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over The Web Empire LLC's network and may reach a large number of people, including both Users and subscribers and non-subscribers of The Web Empire LLC, Users' postings to the Internet may affect others and may harm The Web Empire LLC's goodwill, business reputation, and operations. For these reasons, Users violate The Web Empire LLC policy and the service agreement when they, their users, customers, subscribers, employees, affiliates, or subsidiaries engage in activities described herein.

Scope. This AUP governs the usage of products and services of The Web Empire LLC or of any third party which are subscribed to or obtained through The Web Empire LLC (the "Services"). This AUP is incorporated by reference into each contract The Web Empire LLC or any such third party enters into with a User for the use of such Services. The Web Empire LLC may modify this AUP at any time without notice. In addition, this AUP is incorporated by reference into the Terms of Service applicable to the Web site of The Web Empire LLC so that no person who utilizes the Web site or services of The Web Empire LLC (regardless of whether that person is a User) may take any action utilizing the Web site of The Web Empire LLC that a User would be prohibited to take utilizing the Services.

Purpose. The purpose of this AUP is to enhance the quality of the Services and to protect Users, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This AUP applies to each User. Each User should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.

Prohibited Uses.

Users may not:

Utilize the Services to send unsolicited bulk and/or commercial messages over the Internet (known as "spam" or "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward The Web Empire LLC, but also because it can overload The Web Empire LLC's network and disrupt service to its Users subscribers. Maintaining an open SMTP relay is prohibited. Any direct action, configuration, or setting that causes excessive outbound e-mail traffic is subject to review and possible action. When a complaint is received, The Web Empire LLC has the absolute and sole discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list, or whether the outbound e-mail traffic generated from an account is suitable for a shared hosting environment.

Utilize the Services in connection with any illegal activity or activity otherwise prohibited by this AUP. Without limiting the general application of this rule, Users may not:

Utilize the Services for or in connection with any activities or content determined by The Web Empire LLC, in its sole discretion, to be related to gambling, adult, obscene or pornographic materials or content, harassment, defamation, libel and hate speech or other offensive speech or content, or for any unlawful purpose, including without limitation, fraud, money laundering, child pornography, terrorist-related activities, activities in violation of U.S. export or import laws, any executive orders, or any rules, regulations or orders issued by Office of Foreign Asset Controls ("OFAC"), infringement on rights of others, trafficking in illegal drugs, or any products or services that are prohibited under applicable law, or which The Web Empire LLC determines to be controversial or disruptive to the operations of The Web Empire LLC or any other User or third party;

Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;

Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;

Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws;

Utilize the Services to Forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message; or

Utilize the Services in any manner that violates applicable law.

Use any BitTorrent tracking technology for downloads
The use of Botnets, or any act resulting in web browser vulnerabilities, worms or Trojan horses.

Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users and Users may not:

Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person's consent or (C) otherwise violates the privacy rights of any person. Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.

Utilize the Services in connection with any other disruptive, controversial or abusive activity, as determined by The Web Empire LLC in its sole discretion. Without limiting the general application of this rule, Users may not:

Utilize the Services to cause denial of service attacks against The Web Empire LLC or other network hosts or Internet users or to otherwise degrade or impair the operation of The Web Empire LLC's servers and facilities or the servers and facilities of other network hosts or Internet users; or

Post messages or software programs that consume excessive CPU time, or storage space, or network bandwidth; or

Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or auto responders other than for the User's own account; or

Resell or allow access to or use of, any of our Services except as and only to the extent permitted in one of our authorized Reseller programs. Further, by way of expansion and not by limitation, you may not store files or other data of third parties on our servers; or

Utilize the Services to subvert, or assist others in subverting, the security or integrity of any The Web Empire LLC systems, facilities or equipment; or

Utilize the Services to gain unauthorized access to the computer networks of The Web Empire LLC or any other person; or

Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code; or

Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous re-mailers or Internet nicknames); or

Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services; or

Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator); or

Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or Spam; or

Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or Spam; or

Utilize the Services in any manner that might subject The Web Empire LLC to unfavorable regulatory, law enforcement or other legal action, subject The Web Empire LLC to any liability for any reason, or adversely affect The Web Empire LLC's public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by The Web Empire LLC in its sole discretion;

While on a shared hosting platform, utilize, operate, enable, execute, compile, upload or publicly store source code, executable code, programs, or software packages designed to perform tasks not directly associated with Web site/e-mail hosting, including, without limitation, (A) directly opening any listening port, (B) starting any 'daemon' process, (C) performing local/remote security scans, (D) simulating local shell/OS access by means of a tunneled/encapsulated connection to a remote host, (E) circumventing firewall restrictions, (F) connecting to any IRC/Peer to Peer file sharing server/network, (G) providing 'tracker' services to 'BitTorrent' clients and/or (H) exploiting web browser vulnerabilities, as determined by The Web Empire LLC in its sole discretion; or

Attempt to attack, disrupt, or abuse the support- and contact-related mechanisms of The Web Empire LLC, including, but not limited to, telephone lines, e-mail addresses, fax lines, bulletin boards or contact/signup forms; or

Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.

Violations:

Disclaimer. The Web Empire LLC expressly disclaims any obligation to and does not monitor its Users and other Users with respect to violations of this AUP. The Web Empire LLC has no liability or responsibility for the actions of any of its Users or other Users or any content any User may post on any Web site.

Reporting Non-Copyright Violations. The Web Empire LLC encourages Users to report violations of this policy by e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it., including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, Spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.

Reporting Copyright Violations. The Web Empire LLC complies with the Digital Millennium Copyright Act ("DMCA"). The Web Empire LLC encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA which information is located under the DMCA Policy of this Web site.

Remedies. If The Web Empire LLC learns of a violation of this AUP, The Web Empire LLC will respond to the applicable User and may, in The Web Empire LLC's sole discretion, take any or all of the following actions, with or without notice as it deems necessary or appropriate in accordance with the severity and duration of the violation:

Warning the User: and/or Suspending the offending User from the Services; and/or Terminating or cancelling, or disconnecting the offending User from, the Services; and/or Imposing fees or charges on the offending User account in accordance with the applicable service contract; and/or Removing the offending content; and/or Taking other action in accordance with this AUP, the applicable service contract or applicable law.

Reservation of Rights. The Web Empire LLC reserves the right to cooperate with and provide any and all User information and data to appropriate legal authorities in investigations or reporting of claims of illegal activity involving The Web Empire LLC's Services. The Web Empire LLC reserves all other rights to respond to violations of this AUP to the extent of applicable law and in accordance with any applicable contractual obligations. The Web Empire LLC may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this AUP and each User agrees that The Web Empire LLC is authorized to monitor its communications through The Web Empire LLC's network for such purposes.

This User Agreement ("Agreement") is an agreement between The Web Empire LLC, and the party set forth in the related Registration Form ("User" or "You" and "Your") incorporated herein by reference (together with any subsequent Registration Forms or other online signup, acceptance or order form submitted by User, the "Registration Form"), and applies to the purchase of all services ordered by User on the Registration Form (collectively, the "Services"). As used herein the term "User" and "You" shall also include any and all users, Customers, subscribers, affiliates (including without limitations Users or non-Users to whom The Web Empire LLC provides links or banners to promote the services or products of The Web Empire LLC or any third party the services or products of which are offered by or obtained through or in connection with The Web Empire LLC), resellers or others (i) who sign up for, use or obtain services or products from The Web Empire LLC or from any third party services or products of which are offered by or obtained through or in connection with The Web Empire LLC, or (ii) who visit the Web sites of The Web Empire LLC or of any such third party.

PLEASE READ THIS AGREEMENT CAREFULLY.

SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN YOU AND US, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING OUR ACCEPTABLE USE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

HOSTING POLICY AND TERMS:

Acceptable Use Policy.

Under this Agreement, User shall comply with The Web Empire LLC's then current Acceptable Use Policy ("AUP"), as amended, modified or updated from time to time by The Web Empire LLC, and other agreements which currently can be viewed under the Terms of Service section of this Web site (collectively, the "Terms of Service"), and which is incorporated in this Agreement by reference. User hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. The Web Empire LLC does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by User via the Service (the "User Content"). User Content includes content of User's and/or users of User's Web site. Accordingly, under this Agreement, You will be responsible for Your users content and activities on Your Web site. Notwithstanding anything to the contrary contained in this Agreement, The Web Empire LLC may immediately take corrective action, including removal of all or a portion of the User Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by User of the AUP. In the event The Web Empire LLC takes corrective action due to a violation of the AUP, The Web Empire LLC shall not refund to User any fees paid in advance of such corrective action. User hereby agrees that The Web Empire LLC shall have no liability to User or any of User's users due to any corrective action that The Web Empire LLC may take (including, without limitation, suspension, termination or disconnection of Services).
Term; Termination; Cancellation Policy.
The initial term of this Agreement shall be as set forth in the Registration Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to User. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".
This Agreement may be terminated or cancelled;
at anytime by either party by giving the other party thirty (30) days prior written notice, provided that we may charge You a minimum id="mce_marker"00.00 charge as an early cancellation fee.

If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign-up, the User will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Support Team. Refunds made for a thirty (30) day money-back guarantee will not include domain registration fees or setup fees, nor will they include any fees for additional services that are purchased in the first thirty (30) days. If your plan includes a free domain name and You cancel within the first 30 days, a fee for the domain (and any applicable taxes) will be deducted from your refund. If you do not wish to keep the domain name, The Web Empire LLC will take possession of the domain and the fee will not be charged.

The thirty (30) day money-back guarantee is valid for credit-card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the thirty (30) day money-back guarantee for other payment methods.

by The Web Empire LLC in the event of nonpayment by User,
by The Web Empire LLC, at any time, without notice, if, in The Web Empire LLC's sole and absolute discretion and/or judgment, User is in violation of any term or condition of this Agreement and related agreements, AUP, or User's use of the Services disrupts or, in The Web Empire LLC's sole and absolute discretion and/or judgment, could disrupt, The Web Empire LLC's business operations and/or
by The Web Empire LLC as provided herein.
If You cancel this Agreement, upon proper notice to The Web Empire LLC, prior to the end of the Initial Term or any Term thereafter,

You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation;
The Web Empire LLC may (but is not obligated to) refund to You all pre-paid fees for basic hosting services for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees, cancellation fees, and any applicable taxes and any discount applied for prepayment, provided that You are not in breach of any terms and conditions of this AUP, User Agreement, Anti-Spamming Policy or Domain Policy;

If your plan includes a free domain name, a fee for the domain and any applicable taxes will be deducted from your refund. If you do not wish to keep the domain name, The Web Empire LLC will take possession of the domain and the fee will not be charged.

and/or

We may charge You one hundred percent (100%) of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above).
Any cancellation request shall be effective thirty (30) days after receipt by The Web Empire LLC, unless a later date is specified in such request.
The Web Empire LLC may terminate this Agreement, without penalty,

You have ninety (90) days to dispute any charge or payment processed by The Web Empire LLC. If you have a question concerning a charge you believe is incorrect, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..

As part of The Web Empire LLC's ongoing hosting, The Web Empire LLC does create and store on a temporary basis VPS backups which are intended for The Web Empire LLC's disaster recovery only which are typically available only in the event of hardware failure, and only for a short period thereafter. The Web Empire LLC cannot guarantee the existence, accuracy or completeness of any backups. Please note that typically a complete VPS restoration will overwrite anything stored in your account.

User is responsible for maintaining the confidentiality of login and billing information. The Web Empire LLC is not liable for any account disputes that may arise between various parties holding account login information. The Web Empire LLC is not responsible for any changes made to the account or any information that has been modified by User, or any parties authorized by User, to access the Control Panel. User is responsible for updating and maintaining contact and billing information with The Web Empire LLC. Any changes to the User contact information must be made using the account Control Panel or by contacting our Support Team. User is responsible for ensuring that The Web Empire LLC is able to notify the User for technical, billing or other issues or purposes deemed necessary by The Web Empire LLC to maintain the account.
User's Representations and Warranties.
User hereby represents and warrants to The Web Empire LLC, and agrees that during the Initial Term and any Term thereafter User will ensure that:
User is the owner or valid licensee of the User Content and each element thereof, and User has secured all necessary licenses, consents, permissions, waivers and releases for the use of the User Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by The Web Empire LLC to pay any fees, residuals, guild payments or other compensation of any kind to any Person; User's use, publication and display of the User Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any "moral right" or similar right however denominated; User will comply with all applicable laws, rules and regulations regarding the User Content and the User Web site and will use the User Web site only for lawful purposes; and User has used its best efforts to ensure that the User Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code. User shall be solely responsible for the development, operation and maintenance of User's Web site, online store and electronic commerce activities, for all products and services offered by User or appearing online and for all contents and materials appearing online or on User's products, including, without limitation the accuracy and appropriateness of the User Content and content and material appearing in its store or on its products, ensuring that the User Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and ensuring that the User Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. User shall be solely responsible for accepting or processing and filling User orders and for handling User inquiries or complaints. User shall be solely responsible for the payment or satisfaction of any and all taxes associated with its Web site and online store.
User grants The Web Empire LLC the right to reproduce, copy, use and distribute all and any portion of the User Content to the extent needed to provide and operate the Services. In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your agent, and transactions entered into by anyone who uses Your account, whether or not the transactions were on Your behalf.
User (a) shall at all times be solely responsible for and maintain the confidentiality of personal information of New York residents contained in User Content and/or the User Web site in accordance with Standards for the Protection of Personal Information of Residents of the Commonwealth and (b) maintain appropriate security measures that are in compliance with the Regulation and all similar regulations promulgated under the laws of the state and federal governments of the United States of America. For the purposes of this section [4.e ], "personal information" means the first and last name or first initial and last name of an individual together with one or more of the following relating to such individual: (i) Social Security number; (ii) driver's license number/state-issued identification number; or (iii) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number, or password, that would permit access to the account.
License to The Web Empire LLC. User hereby grants to The Web Empire LLC a non-exclusive, royalty-free, worldwide right and license during the Initial Term and any Term thereafter to do the following to the extent necessary in the performance of Services under the Order:
digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the User Content; and
make archival or back-up copies of the User Content and the User Web site.
Except for the rights expressly granted above, The Web Empire LLC is not acquiring any right, title or interest in or to the User Content, all of which shall remain solely with User.
The Web Empire LLC, in its sole discretion, reserves the right (i) to deny, cancel, suspend, transfer or alter, modify, correct, amend, change, program, or take any other corrective action to protect the integrity and stability of the Services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, User Content and/or Web site(s)), and/or (ii) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal. User further agrees that The Web Empire LLC shall not be liable to User for any loss or damages that may result from such conduct.
Billing and Payment.
User will pay to The Web Empire LLC the service fees for the Services in the manner set forth in the Registration or Order Form.
Please note that special offers are limited-time promotional prices that are available to new customers and are valid for the initial term only. You will be notified of your pricing for your renewal period prior to or at time of renewal. The Web Empire LLC may increase the Service Fee and Product fees (i) in the manner permitted in the service description and (ii) at any time on or after expiration of the Initial Term by providing one day (24 hours) prior written notice thereof to User. Written notice may be in the form of (i) notices and update in the User's Control Panel , (ii) Public Alerts issued by The Web Empire LLC (ii) Renewal Notification or (iv.) next scheduled rebill amount in User's Billing Central It is the Users sole responsibility to periodically review users Billing Central information area:.
User may always check the User's Billing Central area to get an up-to-date statement of the current amount being billed to User for Services. It is the User's sole responsibility to periodically review users Billing Central information.
The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on The Web Empire LLC's net income). All such taxes may be added to The Web Empire LLC's invoices for the fees as separate charges to be paid by User. All fees are fully earned when due and non-refundable when paid.
Unless otherwise specified, all initial fees shall be payable upon sign-up, and all subsequent fees and related charges shall be due and payable when billed, if by credit card, or if not by credit card, within thirty (30) days after the date of the invoice.
If The Web Empire LLC collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if The Web Empire LLC prevails in any action to which the User and The Web Empire LLC are parties, User will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and The Web Empire LLC's reasonable attorneys' fees. If any check is returned for insufficient funds The Web Empire LLC may impose a minimum processing charge of $30.00 plus any applicable taxes. In the event that any amount due to The Web Empire LLC is not paid when due, The Web Empire LLC, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. NOTE: USER WEB SITE FILES AND USER CONTENT AND OTHER DATA IS DELETED UPON ACCOUNT TERMINATION.
There may be a minimum $50.00 charge to reinstate accounts that have been suspended or terminated. Wire transfers will be assessed a minimum charge of $35.00 plus applicable taxes. There may be a minimum charge of $35.00 plus applicable taxes for all credit card chargebacks. User acknowledges and agrees that The Web Empire LLC may pre-charge User's fees for Services and products to its credit card supplied by User during registration for the Initial Term.
YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN SECTION.

Payment Policies - General
Accounts will not be activated or reactivated without prior payment. All hosting fees and domain name renewal fees are due at time of invoice for the renewing account and/or domain name. Incomplete, incorrect or questionable signup information can result in an account being suspended or terminated or NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received. Any losses or expenses experienced by the User, due to actions taken by The Web Empire LLC in response to Users non-payment, are not the responsibility of The Web Empire LLC. Unless stated otherwise, a reference to 'USD', '$US', 'dollar' is a reference to USA currency. All fees or other amounts hereunder shall be payable in US currency, provided however that in the event you signed up for your account or any other product or service for which the fee or other amount is payable in a currency other than $US, then any amounts payable by you hereunder shall be payable in such other currency.

Payment Policies - Payment Processing
The Web Empire LLC's preferred method of payment is credit card. By purchasing our services, you are agreeing to allow The Web Empire LLC to place your account on a recurring payment plan. The account will automatically be re-billed according to the terms of the plan, products or services you select. By renewing your services and products you further agree to all of The Web Empire LLC's Terms of Services and any price increases. You grant The Web Empire LLC permission to charge your credit card for any and all services you request, including, but not limited to, any and all product or service. If we are unable to process a payment for your plan, product or service by its due date, your account will be cancelled for non-payment and you will not be able to access your Web site or e-mail.
WHEN AN ACCOUNT IS CANCELED, ALL COPIES OF THE WEB SITE AND E-MAIL FILES ARE PERMANENTLY AND IRRETRIEVABLY REMOVED FROM OUR SERVERS UPON ACCOUNT CANCELLATION.
If an account has been suspended for non-payment, it will only be reactivated upon payment of all overdue fees. Upon reactivation, we are not responsible for any deleted Web site or Content.
If we make any refunds due to charges you dispute with your credit card The Web Empire LLC, we will cancel your account. The cancelled account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by The Web Empire LLC as a result of your dispute or charge-back request. We cannot guarantee any files or e-mail will be available upon reactivation.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies. In these situations, you shall have waived any and all rights to privacy.
The Web Empire LLC as Reseller or Licensor. The Web Empire LLC is acting only as a reseller or licensor of certain services, hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-The Web Empire LLC Product"). The Web Empire LLC shall not be responsible for any changes in the Services that cause the Non-The Web Empire LLC Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-The Web Empire LLC Product either sold, licensed or provided by The Web Empire LLC to User or purchased directly by User used in connection with the Services will not be deemed a breach of The Web Empire LLC's obligations under this Agreement. Any rights or remedies User may have regarding the ownership, licensing, performance or compliance of Non-The Web Empire LLC Product are limited to those rights extended to User by the manufacturer of such Non-The Web Empire LLC Product. User is entitled to use any Non-The Web Empire LLC Product supplied by The Web Empire LLC only in connection with User's permitted use of the Services. User shall use its best efforts to protect and keep confidential all intellectual property provided by The Web Empire LLC to User through any Non-The Web Empire LLC Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. User shall not resell, transfer, export or re-export any Non-The Web Empire LLC Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.
Internet Protocol (IP) Address Ownership. If The Web Empire LLC assigns User an Internet Protocol ("IP") address for User's use, the right to use that IP address shall belong only to The Web Empire LLC, and User shall have no right to use that IP address except as permitted by The Web Empire LLC in its sole and absolute discretion in connection with the Services, during the term of this Agreement. The Web Empire LLC shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to User by The Web Empire LLC, and The Web Empire LLC reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Caching.

User expressly; grants to The Web Empire LLC a license to cache the entirety of the User Content and User's Web site, including content supplied by third parties, hosted by The Web Empire LLC under this Agreement and agrees that such caching is not an infringement of any of User's intellectual property rights or any third party's intellectual property rights.
CPU Usage. On share hosting services user agrees that User shall not use excessive amounts of CPU processing (more than 1%) on any of The Web Empire LLC's servers. Any violation of this policy may result in corrective action by The Web Empire LLC, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in The Web Empire LLC's sole and absolute discretion. If The Web Empire LLC takes any corrective action under this section, User shall not be entitled to a refund of any fees paid in advance prior to such action.
Bandwidth and Disk Usage. The Web Empire LLC provides Users with bandwidth, disk space and other resources, such as e-mail and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in The Web Empire LLC's web pages describing the package of Services purchased at the time of purchase. In some cases, The Web Empire LLC may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as "Unlimited". In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. The Web Empire LLC reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User's plan. User agrees that such usage shall not exceed the amounts set by The Web Empire LLC for the Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by The Web Empire LLC as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User's active electronic mail services related solely to User's web hosting account(s) with The Web Empire LLC. The maximum montly usage are set by each plan separately. Maximum database allaounce is set to 32MB.

Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.

The Web Empire LLC will monitor User's use of bandwidth, disk usage and other resources. The Web Empire LLC, in its sole discretion, shall have the right to take any corrective action if User's utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, normal usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content, User's electronic mail and e-mail services and/or other materials and services or termination the User's account and of this Agreement, which actions may be taken in The Web Empire LLC's sole and absolute discretion.

If The Web Empire LLC takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User's Web site, User Content and/or User's electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. User may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, gambling, obscene materials or any other products or services that are prohibited under applicable law; the Services to export encryption software to points outside the United States in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If The Web Empire LLC learns or discovers that User is violating any law related to User's Web site, User Content and/or User's electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, The Web Empire LLC may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User's Web site, User Content and/or User's electronic mail.

User is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the Web site does not violate such requirements or exceed any such limits allocated for the account(s) and otherwise complies with this Agreement. The Web Empire LLC will use commercially reasonable efforts to e-mail Users who are at or near their utilization limits, but The Web Empire LLC does not take responsibility if e-mail notification(s) is not received by the User. The Web Empire LLC reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the any such allotment.

Parked Domain Services. In addition to the applicable terms and conditions contained herein:
If User signs up to register and park a domain name with The Web Empire LLC, All domain name renewal fees are due at time of invoice, before the renewal date of the domain name. Payments are non-refundable. If for any reason The Web Empire LLC is unable to charge User's payment method for the full amount owed The Web Empire LLC for the service provided, or if The Web Empire LLC is charged a penalty for any fee it previously charged to Your payment method, User agrees that The Web Empire LLC may pursue all available remedies in order to obtain payment. User agrees that among the remedies The Web Empire LLC may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to User of User's service. The Web Empire LLC reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, User service issues that cannot be handled over e-mail but require personal service, and disputes that require legal services. These charges will be billed to the payment method we have on file for User.
User agrees to be responsible for notifying The Web Empire LLC should User desire to terminate use of any of the Parked Page Services, including, but not limited to, those purchased. Notification of User's intent to terminate must be provided to The Web Empire LLC no earlier than thirty (30) days prior to User's billing date but no later than ten (10) days prior to the billing date. In the absence of notification from User, The Web Empire LLC will automatically continue the Parked Page Services indefinitely and will charge User's payment method that is on file with The Web Empire LLC, at The Web Empire LLC's then current rates. It is User's responsibility to keep their payment method information current, which includes the expiration date if using a credit card. In the event User terminates the Parked Page Services, moving their Web site off of the The Web Empire LLC hosting servers is User's responsibility. The Web Empire LLC will not transfer or FTP such Web site to another provider. Any change by User of their name-server is not deemed cancellation of the Parked Page Services.
The Web Empire LLC will provide User with the Parked Page Services as long as User abides by the terms and conditions set forth herein and in each of The Web Empire LLC's policies and procedures.
By using any of the Parked Pages Services, User agrees that The Web Empire LLC may point the domain name or DNS to one of The Web Empire LLC's or The Web Empire LLC's affiliates web pages, and that they may place advertising on User's web page and that The Web Empire LLC specifically reserves this right. User shall have no right to any compensation and shall not be entitled and shall have no right to receive any funds related to the monetization of User's Parked Pages.
User agrees to indemnify and hold harmless The Web Empire LLC for any complications arising out of use of the Parked Page Services, including, but not limited to, actions The Web Empire LLC chooses to take to remedy User's improper or illegal use of a Web site hosted by The Web Empire LLC. User agrees it is not be entitled to a refund of any fees paid to The Web Empire LLC if, for any reason, The Web Empire LLC takes corrective action with respect to any improper or illegal use of the Parked Page Services.
If a dispute arises as a result of one or more of User's Parked Pages, User will indemnify, defend and hold The Web Empire LLC harmless for damages arising out of such dispute. User also agrees that if The Web Empire LLC is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Web site hosted by The Web Empire LLC, that The Web Empire LLC, in its sole discretion, may take whatever action The Web Empire LLC deems necessary regarding further modification, assignment of and/or control of the Web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
InstallCentral Terms. InstallCentral automates the installation of a given open source application. Users are free to install open source applications independently of InstallCentral by following the instructions provided by The Web Empire LLC or the organization that developed the open source application. When a User uses an open source application, the User licenses it from the open source provider, not from The Web Empire LLC.
We do not provide support for the application once the application has been successfully installed; we provide support only for the installation or upgrade process. Any support requests regarding actual use of the application must be directed to the organization or The Web Empire LLC that developed the application.
The User is responsible for creating back-ups before upgrading to the next version.
We can not guarantee that the version we currently provide is the latest one being distributed by the vendor.
Any security risks including, but not limited to, hacking, phishing and information piracy are the sole responsibility of the User.
We reserve the right to discontinue applications managed by InstallCentral at any time.
InstallCentral applications are installed at the User's own risk. We can not be held liable for lost data or damage caused by open source applications provided through InstallCentral.
Standard and Private-Label Reseller Programs. In addition to all terms and conditions described in this Agreement, the following shall also be applicable to The Web Empire LLC Wholesale, Wholesale Plus and Private-Label Resellers;
The Reseller agrees, on behalf of both the Reseller and each User signed up by the Reseller, to comply with these Terms of Service.
In the event that a Reseller or a Reseller's User is determined to be in violation of the Terms of Service, the Reseller shall, upon receipt of notice of the violation, take prompt action to ensure that the account in question is updated to be in full compliance with the Terms of Service.
The Web Empire LLC is not responsible for the actions or misrepresentations of Resellers. The Reseller hereby agrees to indemnify The Web Empire LLC from and against any and all claims made by any User that result from the Reseller's misrepresentation, breach of the Terms of Service or other improper actions by the Reseller.
The Web Empire LLC reserves the right to revise its Wholesale, Wholesale Pluse and Private-Label Reseller Programs, AUP and the Terms of Service at any time. Changes shall take effect when posted online.
Users who have been signed up by Resellers agree to operate their Web sites in accordance with the Terms of Service.
Resellers cannot make any modifications to the The Web Empire LLC Terms of Service. Any such alterations shall be deemed a violation of the Terms of Service and could result in a cancellation of a Reseller's account(s). The Web Empire LLC is not responsible for any modifications made to the Terms of Service by Resellers.
Resellers in the Wholesale Reseller Program assume all responsibility for billing and technical support for each of their Users. The Web Empire LLC reserves the right to refuse inquiries made to the Support Team from the Customers of Resellers in the Wholesale Reseller Program.
Virtual Private Servers (VPS). VPS sometimes also referred to as Virtual Dedicated Server. When creating a VPS account, we split dedicated servers into independent areas, referred to as containers. The customer is responsible for providing the firewalls, software, web files, content and Operating systems for the customer's container, independent of other containers on the server. Each container is allotted its own disk space, CPU power, bandwidth, and memory. This isolation of server space allows for independent server customization for which the customer is responsible
VPS is different from shared hosting, and VPS customers should be technically advanced and prepared to use and operate a server, various Operating Systems, Linux and root access.

In addition to all terms and conditions described in this Agreement, the following shall also be applicable to The Web Empire LLC VPS customers;
The Customer assumes all responsibility for installation and maintenance of the Operating System (OS) used within the customer's container, as well as any reinstalls and changes.
Customer assumes all responsibility for their VPS environment, firewalls, protections from bugs, viruses or other intrusions, content applications and resources used.
Customer agrees to take full responsibility for installation, storage, back-up, maintenance, and other aspects of its files, software, data and other content or items transferred to or used in the container and the VPS account.
The Customer is solely responsible for all files contained in their VPS whether the Customer had knowledge of the files or not and for assuring that the container is used and operated in compliance with this Agreement.
It is the responsibility of the customer to ensure their system is secured and safe from compromise at all time. If a container is found to be compromised or in violation of this Agreement, The Web Empire LLC has the right to suspend and terminate service immediately.
Resource Usage Limits. Misuse of system resources, including but not limited to, employing programs that consume excessive CPU time (outside of reserved for user's container), network capacity, disk IO or storage space, may result in account suspension and termination.
Mail Policy. VPS accounts will be governed by our shared-hosting mail policy (See Acceptable Use Policy section 4.a). Furthermore, anyone hosting websites or services on their server or container that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network.
Third-Party Software. In the event You elect to install any third-party software, the following terms shall apply;
You represent and warrant You have the right to use and install the third-party software.
You have paid the applicable licensing fees for the third party software, and the third-party software does not and shall not infringe on the intellectual property rights of any other person or entity.
You agree to defend, indemnify and hold harmless The Web Empire LLC and its employees, officers and directors for, from and against any and all claims brought against The Web Empire LLC and its employees, officers and directors by a third-party alleging the software infringes:
the third-party's rights; or
a U.S. patent, trademark, copyright or other intellectual property right. You agree that in such an event You shall pay all resulting costs, damages, expenses and reasonable attorneys' fees that a court awards and settlements incurred by The Web Empire LLC in connection with any such claims.

Design, Development, Graphics and Logo services policy and Terms and Conditions

Every single website service that is ordered or bought from The Web Empire LLC, under this agreement is following these rules:

Website design project is offered as-it-is. Meaning The Web Empire LLC is not held responsible for incompatibilities with any future or older web browsers, operating systems and generally conflicts that have to do with third parties software, or any results that will occur from these. The Web Empire LLC quarantee that the day a website is launch will have the best compatibility with the latest known browsers as described : Microsoft internet explorer, Mozilla Firefox, Apple Safari, Google Chrome and for usage under a desktop computer system, with the latest updates.

Website design projects are monitored from both parties (owner-user and The Web Empire LLC team) from a web based project management system through thewebempire.us website. Through this system the client-user-owner can have access to all project phases, review the process and suggestions, confirm and ask for any alterations or changes. No email communication is acceptable through the period of process of the web design and development, or for logo and graphics design.

ACCEPTANCE ON TYPE OF SERVICE

The Web Empire LLC is developing the website and configures the OPEN LICENCE plattform without participating, editing, or entering any informations. In case the client wants services like content editing, image editing, stock images, other applications, specific graphic design, consulting on web marketing or web branding and in general services that have nothing to do with the default "package" extra fees will be charged. The files and data that the client should sent to The Web Empire LLC must follow these rules:

Images: 72dpi resolution with maximum width or height 2,000 pixels and minimum width or height 1,200 pixels.

Text: All text must be in "Clean" format type *.txt file. Microsoft Word files or Adobe PFD files are under a minimum charge of $5 each one for convertion. Images inside these type of files are also charged for $3 each one.

Information regarding alterations: Through the website development the client will have access to a specific web adress to our demo server. This adress is used to help the client-user-owner of the website to determine what changes or alterations are needed before the website comes alive. Depending on the type of website package the client choose, there are a specific amount of alterations that can be done. If more alterations are required then The Web Empire LLC will inform the client through our website project management system and will not procceed to any alterations until the client accepts the charge. When a client gives the order for an alteration/change should be specific what exactly wants, and reply to any questions our development team may ask. Exactly the same goes for graphic and logos.

The website owner-client-user agrees that will keep the "Designed from The Web Empire" logo in the website, and in case in the future wants to remove the logo of The Web Empire LLC, there is a minimum charge of $2,500 at least (many times this fee increases, but the price of copyright removal will never be higher than the total original cost of the website).

Alterations/changes/request must be specific and clear all the time of the design process. The Web Empire LLC is in contact with only one person (ONE) during the process and accepts only one person to act as the owner or owner's representative by the usage of his/her only username and password provided by The Web Empire LLC for access on the project management system. The Web Empire LLC is not responsible if this username and/or code are used by more than one persons, and it's total responsibility of the owner-client-user to retain these informations for his personal use only under this agreement.

After the launch of the website, The Web Empire LLC is not held responsible for any future maintenance or support that may need with exceptance if the user have choose SAaS (Site As a Service). Maintenance, Support and Administrative services are offered as extra services with specific charges and/or monthly fees. Any kind of other website development except for desktop usage, included mobile websites or apps for iphone, ios, android etc. are under extra fees and charges.

Maintenance services:

Maintenance services are the services that may include or not inside a "web package", or charged as a different service. Maintenance services are covering upgrade of internal software and coding in addition with major web browser updates and/or social engines. A full example of what maintenance support follows: Microsoft launching new web browsers every 2 years. Same goes for Mozilla, or for Google Chrome. If a client is having active and paid a maintenance service, we will provide the website with the latest additions to be compatible with the new browser. Same goes for Facebook or twitter (the 2 major and only these) from time to time these companies are changing the way a website is communicating with them or the way their api (applications) are interact with a website. If a client is having active and paid a maintenance service, we will provide the website the latest additions. Maintenance service is what is described here, and does not include updates or support or training for the website, doesn't include future requests or alterations and in general doesn't include anything that have to do with content or other services. Prices for maintenance services or monthly plans can be found on our Website Support & Maintenance Plans page. The major browsers that are supported by these services are the top 3, according to the monthly reports of http://www.w3schools.com/browsers/browsers_stats.asp.

Support services:

In general "Support services" describes any other service except maintenance. These are i.e. data entry, development, graphics update, training, web marketing, social marketing etc. Each one of these services can be found on our Website Support & Maintenance Plans page. Support services are not included inside this aggreement, and having different charges and/or fees.

Property Rights.
The Web Empire LLC hereby grants to User a limited, non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this Agreement, to use The Web Empire LLC technology, products and services solely for the purpose of accessing and using the Services. User may not use The Web Empire LLC's technology for any purpose other than accessing and using the Services. Except for the rights expressly granted above, this Agreement does not transfer from The Web Empire LLC to User any The Web Empire LLC technology, and all rights, titles and interests in and to any The Web Empire LLC technology shall remain solely with The Web Empire LLC. User shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the The Web Empire LLC.
The Web Empire LLC owns all right, title and interest in and to the Services and The Web Empire LLC's trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the related hardware, software and systems ("Marks"). Noting in this Agreement constitutes a license to User to use or resell the Marks.
Disclaimer of Warranty. User agrees to use all Services and any information obtained through or from The Web Empire LLC, at User's own risk. User acknowledges and agrees that The Web Empire LLC exercises no control over, and accepts no responsibility for, the content of the information passing through The Web Empire LLC's host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NEITHER WE NOR ANY OF OUR PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "RELATED PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT WE PROVIDE. NO RELATED PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. WE ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USER OR STORED BY USER OR ANY OF USER'S USERS VIA THE SERVICES PROVIDED BY US NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RELATED PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.

Limited Warranty.
The Web Empire LLC represents and warrants to User that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by The Web Empire LLC generally to its other Users for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions. User will be deemed to have accepted such Services unless User notifies The Web Empire LLC, in writing, within thirty (30) days after performance of any Services of any breach of the foregoing warranties. User's sole and exclusive remedy, and The Web Empire LLC's sole obligation, for breach of the foregoing warranties shall be for The Web Empire LLC, at its option, to re-perform the defective Services at no cost to User, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue User a credit in an amount equal to the current monthly service fees pro rated by the number of hours in which the Services have been interrupted. The Web Empire LLC may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers.
The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of The Web Empire LLC's reasonable control; (b) that resulted from any actions or inactions of User or any third parties; or (c) that resulted from User's equipment or any third-party equipment not within the sole control of The Web Empire LLC. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WE HEREBY EXPRESSLY DISCLAIM THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY PRODUCT OR SERVICE PROVIDED TO USER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.

Limitation of Liability.
IN NO EVENT WILL OUR LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SERVICE FEES PAID TO US BY YOU DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
WE CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. WE WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other Terms of Service theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in Section 15 shall not apply to User's indemnification obligations.
Notwithstanding anything to the contrary in this Agreement, The Web Empire LLC's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by User for the Services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.
User understands, acknowledges and agrees that if The Web Empire LLC takes any corrective action under this Agreement because of an action of User or one if its Users or a reseller, that corrective action may adversely affect other Users of User or other reseller Users, and User agrees that The Web Empire LLC shall have no liability to User, any of its Users or any Reseller User due to such corrective action by The Web Empire LLC.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
Indemnification. User agrees to indemnify, defend and hold harmless The Web Empire LLC and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to User's use of the Services, (ii) any violation by User of the AUP, (iii) any breach of any representation, warranty or covenant of User contained in this Agreement or (iv) any acts or omissions of User. The terms of this section shall survive any termination of this Agreement.
Waiver of Jury Trial
Both You and The Web Empire LLC hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of this Agreement.
The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims.
You and The Web Empire LLC each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into this Agreement and that each will continue to rely on the waiver in their related future dealings.
Each party further warrants and represents that each has had the opportunity to have counsel review this Agreement and this waiver.
The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to this Agreement. In the event of litigation, this Agreement may be filed as written consent to a trial by court.
Miscellaneous.
Independent Contractor. The Web Empire LLC and User are independent contractors and nothing contained in this Agreement places The Web Empire LLC and User in the relationship of principal and agent, master and servant, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the State of New York. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any suit, action or proceeding concerning this agreement must be brought in a state or federal court located in New York, New York State. EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Headings. The headings herein are for convenience only and are not part of this Agreement.
Entire Agreement; Amendments. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of User or The Web Empire LLC, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of User and The Web Empire LLC. This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by The Web Empire LLC in its sole discretion, which modifications will be effective upon posting to The Web Empire LLC's Web site. Upon renewal of any services or products, User agrees to all Terms of Service in effect on date of renewal and any amendments which take effect pursuant to the terms hereof.
Severability. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Notices. All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties' signatures. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. The Web Empire LLC may give written notice to User via electronic mail to the User's electronic mail address as maintained in The Web Empire LLC's billing records.
Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
Assignment; Successors. User may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of The Web Empire LLC. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. The Web Empire LLC may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Limitation of Actions. No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen.
Counterparts. If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is signed electronically, The Web Empire LLC's records of such execution shall be presumed accurate unless proven otherwise.
Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
No Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, Terms of Service or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, User acknowledges and agrees that any supplier of third-party product or service that is identified as a third-party beneficiary in the Service Description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against User as if it were a party to this Agreement.
Government Regulations. User may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction User operates or does business.
Marketing. User agrees that during the term of this Agreement The Web Empire LLC may publicly refer to User, orally and in writing, as a User of The Web Empire LLC. Any other public reference to User by The Web Empire LLC requires the written consent of User.