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Watersweb
Solutions LLC
PO Box 188
Noble, OK 73068

Toll Free
1-877-744-4319

Local Phone
405-872-1213

Fax
831-305-8683

Office Hours
9-5 CST M-F

Support Hours
11-8 CST M-F

Hosting Support
24/7

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Watersweb Shops Terms of Service

Access to and use of the Shop Kit and Shop Kit Plus (hereinafter referred to collectively as Shop Kit) packages constitutes acceptance of the following terms and conditions. Watersweb Solutions, LLC may update or change these terms at any time. It is the responsibility of the user to revisit the terms periodically, as the user is bound by the terms listed on this page. No venture or partnership between the user and Watersweb Solutions is formed by this agreement, the use of the waterswebshops.com. waterswebhosting.com or watersweb.net or pixelemporium.com web sites, or the use of the Shop Kit packages.

Warranties: All materials provided in the Shop Kits are presented with the belief that they are in good working order, and that the structure is valid. However, Watersweb Solutions, LLC will not guarantee the completeness or functionality of any page or structure in the files or installation. The Shop Kit package is provided by Watersweb Solutions, LLC "as is" and "with all faults". No warranties or guarantees are provided for the Shop Kit.

Liability: The user agrees to indemnify and hold Watersweb Solutions, LLC harmless without exception or limitation from all liability, expenses, claims, action, fees, losses or damages caused by the direct or indirect use of the Shop Kit at any time and by any party. In no way will Watersweb Solutions, LLC be held liable for any use of the catalog by the user or by third parties.

Requirements: Users of Shop Kit must host their sites with Watersweb Shops. Users who move their site to another host must destroy all copies of the Shop Kit in their possession. Use of the Shop Kit license key will be discontinued within 24 hours after cancellation of hosting services with Watersweb. In addition, web users must have a Mals-E account for the use of this catalog, as no stand alone cart system is provided with Shop Kit. The inventory control system of Shop Kit requires the Mals-E Remote Call feature. Therefore, inventory control and sales storage through Shop Kit will not be automated on any web site that uses third party payment systems that do not utilize this feature, which include but are not limited to LinkPoint, Mirapay, Netbanx, Nochex, PayByCheck and PSIGate. A list of these systems can be found at http://www.mals-e.com/services/compare.htm. If PayPal is used as a non-secure payment type at Mals, it can be used with the Shop Kit inventory system; otherwise, Shop Kit cannot automate inventory control through that payment system. It is the user's responsibility to ensure that all of these requirements are met before purchasing the Shop Kit.

Additional Requirements: All site templates must include the %COPYRIGHT% code, preferably in the footer, in order to display the current "powered by..." message. Alteration of the copyright-related files, or obscuring the text via HTML or CSS or other manipulation, is a violation of this requirement.

Templates: Watersweb Solutions, LLC will utilize an existing HTML template for the catalog page design if the customization service is purchased. However, if that template contains frames, SSI, CGI, FrontPage components, Javascript, CSS or any other programming or scripting other than HTML, Watersweb Solutions, LLC is not required to integrate the user's design into the catalog system. Templates must have placeholders where the different elements will go, as described in the help files sent upon purchase. If any HTML design work or fixes are required for the design to be implemented with the catalog system, the user will be responsible for performing these fixes. There is no guarantee that any template can be used with Shop Kit without modifications, other than the free templates provided with the installation.

Billing: Watersweb Solutions LLC Billing Department will send you an invoice on the first day of each month that you owe a payment for services or products. Invoiced payments are due regardless of whether or not you are currently using the site. Watersweb will send a first overdue notice on the 5th day of the month, a second notice on the 10th and a third/final notice on the 15th. Your account will be suspended at that time. We are not responsible for whether or not you read or receive the aforementioned notices. Regardless of whether or not you receive the notices, you are responsible for paying for the services your receive in a timely manner. Please contact the Watersweb Helpdesk to make payment arrangments for your account. If I have not heard from you within 60 days of your account suspension, I will delete your account from my server and records. Watersweb is not responsible for invoices or overdue notices that are not read/recieved by the customer.

Cancellation: If you wish to cancel your services, you must inform Watersweb in writing via the Watersweb Helpdesk.

License Subscription: Cancellation of the subscription or default on subscription payments at any time after the first 30 days and without prior payment arrangements being made will result in immediate suspension of your site until payment arrangements are made. Failure to pay remaining balances in full will result in termination of the account. Watersweb is not responsible for any lost data, sales, customers, etc. resulting from account suspension or termination.

Responsibilities: The user accepts all responsibilities for the use of the Shop Kit. Watersweb Solutions, LLC will not be held responsible for any inappropriate use of a web site, shopping cart or company policies from a company or individual using the Shop Kit. Watersweb Solutions, LLC cannot be held responsible for any use of the catalog on a server, even if the catalog is set up on a server that uses the latest versions of PHP and mySQL.

Installation: Watersweb Solutions, LLC will install the Shop Kit once payment has been made for the package, within 24 to 48 hours.

Costs: There is a one-time charge for the license and installation of the Shop Kit package. Additional costs may apply if a user requests additional customization. Any changes the user makes to the system that requires repair by Watersweb Solutions, LLC, will be charged at the current hourly rate. Watersweb Solutions, LLC reserves the right to change prices at any time.

Refunds: Refunds for the cost of the license will only be given within the first 30 days after license purchase. For a refund to be given, users must also agree to destroy all existing copies of the catalog files in their possession. Refunds apply only to the catalog license and to the costs of customization services which have not yet been provided. Refunds will not be given for any services which have already been rendered. Refunds will only be given within 30 days of the date on which the catalog was ordered.

Customization: Shop Kit is installed as-is and does not include any customization to the product or category layout, nor does it include additions or modifications of fields. The user may freely customize any of the Shop Kit files as desired, provided each catalog is used for a single site only. The user will not hold the Watersweb Solutions, LLC responsible for any damages caused by the user's customization of the catalog, nor will they expect the Watersweb Solutions, LLC to fix problems that arise from any customization or incorrect installation. Watersweb Shops may offer customization services for an additional cost, which will be published on the Watersweb Shops site or quoted directly to the client.

Support: Watersweb Solutions provides online support for all Shop Kit users who have purchased packages, and will address individual use questions as needed, via the Watersweb Helpdesk or Watersweb Support Forums. Email, phone or IM support can be purchased at our hourly rate. All users may freely use the online help files provided at waterswebshops.com and waterswebhelpdesk.com if they wish, at no additional charge.

Discontinuation: Watersweb Solutions, LLC reserves the right to discontinue distributing the Shop Kit catalog system, and may refuse or revoke the use of the system to any party for any reason at any time. Watersweb Solutions, LLC is not responsible for contacting users of the system for this discontinuation. The system will not be provided to companies known to be selling illegal items or services, nor will it be provided to individuals known to be under 18 years of age. The catalog will also be revoked from any company using inappropriate methods of promotion, such as spamming email addresses. Clients may discontinue use of the Shop Kit software and hosting at anytime, and must destroy all copies of the Shop Kit software at the time of discontinuation.

Data Backup: The user agrees to back up all pages and information added into the Shop Kit system. In no way will Watersweb Solutions, LLC be responsible for the loss or destruction of any parts of the catalog or information entered using the catalog. If a web server loses a catalog, or if a user moves their site content to a new web host and ecommerce system, and data or files are lost as a result, there will be a charge to reinstall the catalog on our server, and no guarantee can be made that any of the previous files or database information can be recovered.

Security: No guarantees of security can be made regarding the administration area of the Shop Kit system. All administration areas must be uploaded to a secure server for complete security. The password protection system included with the catalog is no guarantee of security. No private information should be added to an unsecure server that holds the Shop Kit system. Watersweb Solutions provides a shared SSl certificate that can be used to access the administration area. We also sell individual SSL certificates. Please contact us for more information.

Privacy Policy: Watersweb Solutions, LLC never rents, sells or trades any information obtained through the registration of the Shop Kit packages, and will use the email information only for communications regarding catalog updates.

Domain Registration and Transfers: If you wish to transfer your domain name, it must be more than 60 days old at the time you initiate the transfer. Otherwise, we recommend that you choose the 3rd option (update nameservers) at this time.

If you are transfering a domain name that is currently registered privately (your registration information does not appear in the WHOIS listing), you must cancel the privatization in order to transfer the domain. Otherwise, just change your nameservers.

Whether you are registering or transfering, you MUST click the approval link in the email you receive from Watersweb. Check your spam and bulk email folders for this email. If you don't receive this email and/or do not click the link, your transfer will be canceled. Please contact us if you do not receive the email within two days or if your transfer has been canceled.

Watersweb Solutions Shop Kit Plus Site Customization Agreement

Watersweb Solutions, LLC Custom Design Terms and Conditions Watersweb custom design terms and conditions will be spelled out in a contract between Watersweb Solutions LLC, hereinafter referred to as "Watersweb," and each client. Terms in the contract will supersede the terms stated below. However, where the contract does not state specific terms, or where a contract does not exist, the terms below will apply. Unless otherwise specifically stated, Watersweb retains ownership of all graphics and designs created by its designers.

Watersweb Solutions LLC Service Agreement

This agreement represents the complete agreement and understanding between Watersweb Solutions, LLC, the parent company of Watersweb Hosting, Watersweb Shops and Pixel Emporium, (hereinafter called WATERSWEB) and the customer (hereinafter called Account Holder) and supersedes any other written or oral agreement. WATERSWEB reserves the right, in its sole discretion, with or without notice, to modify, these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered at any time without prior or any notification. Account Holder must comply with WATERSWEB'S current "Terms and Conditions," as updated from time to time by WATERSWEB, which can be viewed at the WATERSWEB web site.

Submission of your account order shall constitute your acceptance of these Terms and Conditions.

1. Provision of services

a. Service means - Any act of serving the ACCOUNT HOLDER, being provided by WATERSWEB, regardless of its duration and whether it's a paid service or a free service.

b. Without limiting the scope of item 1.a. above, WATERSWEB will provide services on its host computing systems, shared server to individual ACCOUNT HOLDERS in exchange for payment of fees and compliance with the terms and conditions of this document.

c. WATERSWEB's fee does not include the initial domain registration fee and renewal fee thereafter, or any other regional registrar domain registration fees, unless specifically ordered through the Watersweb Domain Registration services.

e. Be advised that upon registering a domain name, you will be subject to the Terms and Conditions of InterNIC or other registries as applicable. Please refer to our Domain Registration Agreement.

2. Use of Services

a. The ACCOUNT HOLDER agrees to use the services provided by WATERSWEB as permitted by applicable local, provincial, state, and federal laws. The ACCOUNT HOLDER agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law, libelous, or against any WATERSWEB policy.

b. WATERSWEB reserves the right to refuse service to any new or existing customers.

c. The ACCOUNT HOLDER is solely responsible for any legal liability arising out of, or relating to, his/her web site at WATERSWEB. The ACCOUNT HOLDER represents and warrants to WATERSWEB that it holds the necessary rights to permit the use of any of the items on his/her web site, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which the public can link through, or any products of services made available to the public through his/her web site, will not -

1. violate or potentially violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or

2. contain any material that is: unlawful, fraudulent, libelous, slanderous, threatening, harassing, defamatory, obscene, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law. ACCOUNT HOLDER agrees to indemnify and to hold WATERSWEB, and any third party entities related to WATERSWEB, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to:

  • The ACCOUNT HOLDER's breach of any of the forgoing representations and warranties, or any other third party claim with respect thereto, will result in termination of the ACCOUNT HOLDERS services.

d. The ACCOUNT HOLDER understands and agrees that hosting of the ACCOUNT HOLDER's web site is at the sole discretion of WATERSWEB. WATERSWEB may at its sole discretion discontinue web site hosting service to any ACCOUNT HOLDER operating a web site that WATERSWEB deems to be in violation of Section (3c.) of these Terms and Conditions.

e. WATERSWEB accounts cannot be transferred or used by anyone other than the ACCOUNT HOLDER. ACCOUNT HOLDER may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this agreement.

f. Use of other organizations networks or computing resources is subject to their respective permission and usage policy.

3. Use of Material

a. Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using WATERSWEB services. ACCOUNT HOLDERS may also re-distribute materials in the public domain. The ACCOUNT HOLDER assumes all risks regarding the determination of whether the material is in the public domain.

b. As provided by United States federal law, Canada federal law and by International law, copyrighted materials (e.g., images, text, and programs) may not be uploaded using WATERSWEB services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified.

4. Password Security

The ACCOUNT HOLDER agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 12 characters long, contain upper and lowercase letters, numbers or other characters. The ACCOUNT HOLDER is solely responsible for changing its password as required to assure secure access to its account.

The ACCOUNT HOLDER agrees to provide WATERSWEB with the current account password upon request. ACCOUNT HOLDER also agrees to allow WATERSWEB administrative access to any software on the system for server maintenance purposes.

5. Indemnification

The ACCOUNT HOLDER agrees to protect, defend, hold harmless and to indemnify WATERSWEB, its Parents, Subsidiaries, Affiliates, Executives, Directors, Officers, Managers, Employees, Successors, Assigns, Consultants and Agents, from any claims, including attorney's fees, resulting from the ACCOUNT HOLDER's use of WATERSWEB's services.

6. LIMITED LIABILITY

a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL WATERSWEB BE LIABLE TO THE ACCOUNT HOLDER FOR ANY BUSINESS LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY OF WATERSWEB'S SERVICES, EVEN IF WATERSWEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WATERSWEB'S LIABILITY EXCEED THE MONTHLY FEE PAID BY THE ACCOUNT HOLDER. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF WATERSWEB'S SERVICES.

b. The ACCOUNT HOLDER acknowledges that WATERSWEB makes an honest effort to keep the information available on WATERSWEB's systems accurate. However, WATERSWEB can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through WATERSWEB is at the risk of the ACCOUNT HOLDER.

c. The ACCOUNT HOLDER acknowledges that the information available through the interconnecting networks may not be accurate. WATERSWEB has no ability or authority over the material. WATERSWEB can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through WATERSWEB services is at the risk of the ACCOUNT HOLDER.

d. The ACCOUNT HOLDER understands, agrees and acknowledges that WATERSWEB makes an honest effort to provide the ACCOUNT HOLDER with Technologies, Developments and Innovations that part of them are being licensed, or co-branded, from or by, third-party entities. However, WATERSWEB can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the application(s), data and/or information involved in such items. WATERSWEB specifically disclaims all warranties of merchantability and and fitness for a particular purpose. The use of these application(s), data and/or information obtained from or through WATERSWEB, or any other referred third-party, directly or indirectly, is at the risk of the ACCOUNT HOLDER.

e. The ACCOUNT HOLDER understands, agrees and acknowledges that WATERSWEB will use its best efforts to maintain a full time Internet presence for ACCOUNT HOLDER. The network may be down due, but not limited to, utility interruption, equipment failure, natural disaster, acts of God, or human error. ACCOUNT HOLDER agrees that these events may or may not occur and ACCOUNT HOLDER will hold WATERSWEB, its Parents, Subsidiaries, Affiliates, Executives, Directors, Officers, Managers, Employees, Successors, Assigns, Consultants and Agents, free and harmless from any damages incurred in any event of any type of loss resulting from any reason whatsoever. Uses of WATERSWEB service is at the risk of the ACCOUNT HOLDER.

7. Payment of fees and penalties

a. The WATERSWEB billing cycle renews each month on first day of the month.

b. Service payments will be charged in advance of receiving services. You are responsible for paying your hosting fees, regardless of whether or not you use the site, as long as the site is in existence. If you wish to cancel your services, you must inform Watersweb in writing via the Watersweb Helpdesk.

c. The service contract will be automatically renewed at the end of its term and the service payment for the renewal term will be charged automatically to ACCOUNT HOLDER's credit card without "Watersweb" obtaining ACCOUNT HOLDER's permission after the initial charge. ACCOUNT HOLDER shall notify WATERSWEB of any changes in credit card number or expiration date. If the card is not honored for any reason, WATERSWEB will attempt to notify the ACCOUNT HOLDER by using the e-mail address on file. It is the ACCOUNT HOLDER'S responsibility to keep a valid e-mail address on file with WATERSWEB. If alternative payment arrangement has not been made within 15 days ofn invoice due date, the account will be suspended. The account will be terminated after 30 days. ACCOUNT HOLDER'S credit card information will be kept on file throughout the length of the account's billing cycle or until ACCOUNT HOLDER cancels account. Upon account cancellation, ACCOUNT HOLDER's credit card information will be destroyed.

d. Payment is due at beginning of each accounting cycle.

e. Overdue accounts are those that remain unpaid 5 days after beginning of accounting cycle.

f. Accounts that are overdue are put on "accounting hold" and may not be used. Accounts that are unpaid for 30 days will be suspended immediately without notice.

g. There is a service reconnection charge equal to the currently charged setup fee to reactivate accounts from suspended status.

h. The ACCOUNT HOLDER acknowledges responsibility for the account until payment in full is made.

i. There is a $25.00 service charge for each check that is not honored.

j. The ACCOUNT HOLDER will be charged for excessive bandwidth usage (above the relevant allowance of the chosen service package). It is the ACCOUNT HOLDER responsibility to monitor the amount of bandwidth of his/her account, on a daily basis. WATERSWEB has no obligation to warn the ACCOUNT HOLDER regarding the excessive bandwidth usage.

k. No refund on all paid and pre-paid services after the first 30 days of account activation.

l. Chargebacks issued for valid hosting fees will result in immediate account termination, without prior notice, and without exception.

l. We are NOT responsible for any emails that do you do not receive, or for the consequences of you not receiving any notifications from us, including invoices, late payment notifications, suspension notifications or account deletion notifications.

m. You are responsible solely responsible for ensuring that your accounts are paid in a timely manner and that you keep abreast of updates and notifications via emails, website updates, and support forum announcements and posts.

8. "CANCELLATION" Requests

This agreement will commence upon the ACCOUNT HOLDER's acceptance of it and continue on a month-to-month basis.

a. For ACCOUNT HOLDERS that pay on a MONTHLY basis ONLY - "CANCELLATION" requests for WATERSWEB accounts must be sent to the Cancellations Departmet at Watersweb HelpDesk and received by WATERSWEB, before the 15th of each month, in order to be processed by the end of the same month.

b. For ACCOUNT HOLDERS that pay on a NON-MONTHLY basis (3 and 12 months) - "CANCELLATION" requests for WATERSWEB accounts must be sent to the Cancellations Department at Waterseweb HelpDesk and received by WATERSWEB, 15 days before the account's anniversary date, in order to be processed before anniversary date. This will prevent an automatic renewal and charge.

c. All WATERSWEB accounts must be paid in full before the transaction will be considered complete.

d. Cancellations after the first 30 days of account activation will NOT generate ANY refund.

9. Abuse of Services

a. Any use of WATERSWEB system resources that disrupts the normal use of the system for other WATERSWEB customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to, spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, overwhelm the server with heavy CPU usage from highly active CGI scripts or chat scripts, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, WATERSWEB forbids the storage of illegal/pirated software, the use of any type of IRC bot and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk email lists intended for spamming or resale purposes.

b. Depending on the nature and the severity of the abuse, the user may receive an email warning or have his/her account suspended by WATERSWEB Technical Support. Spamming activities will result in immediate termination of services to Account Holder.

c. Unethical and criminal offenses are violations of WATERSWEB conditions of use. You are expected to report to WATERSWEB any information you may have concerning instances in which the conditions of use have been or are being violated. When WATERSWEB becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, WATERSWEB may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of WATERSWEB, following payment of a reconnection charge equal to the current setup fee.

10. IP Addresses

WATERSWEB maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to the ACCOUNT HOLDER and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. ACCOUNT HOLDER will have no right to use the assigned IP numbers except as allowed by WATERSWEB in its sole discretion in connection with the plan ACCOUNT HOLDER has selected, during the term of this agreement.

11. Assignment

The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors and administrators, as the case may be, provided that the ACCOUNT HOLDER may not assign or delegate its rights and obligations under his business relationships with WATERSWEB, either in whole or in part, without the prior written consent of WATERSWEB. WATERSWEB may assign its rights and obligations under this Agreement to a third party in connection with a merger, consolidation, sale of all or substantially all of WATERSWEB's assets or other corporate reorganization.

12. Governing Law/Severability

Any Agreement, arising from the business relationships between WATERSWEB and the ACCOUNT HOLDER, will be governed by and construed in accordance with the laws of the State of Oklahoma, United States of America, without reference to its conflicts of laws principles. ACCOUNT HOLDER agrees that any litigation or arbitration between the parties will take place in the State of Oklahoma, United States of America, and consent to personal jurisdiction and venue in that state. If any provision of that Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that Agreement will continue in full force and effect.

13. Age of Majority

WATERSWEB cannot accept agreements and payments from persons under the age of 18 years. Therefore, WATERSWEB requires that its agreements be made with a person who is qualified to contract. As such, the ACCOUNT HOLDER must be over the age of 18 years. Otherwise, a parent or guardian must accept this agreement and ensure the proper payment.

14. Other Legal Agreements

WATERSWEB and Client agree that any dispute arising out of this TOS shall first be resolved by mediation, if possible. Payment for services indicates an agreement with the current version of this TOS, which was entered into in Cleveland County, Oklahoma, and any necessary arbitration or litigation will take place in this county.

15. Complete Understanding/Modification

These Terms & Conditions constitute the full and complete understanding and agreement of the ACCOUNT HOLDER and WATERSWEB, relating to the subject matter hereof, and supersedes all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of this Terms & Conditions, initiated by the ACCOUNT HOLDER, will be effective only if accepted in writing and signed by WATERSWEB.

Please review our Domain TOS if you are purchasing or transferring a domain.


Domain Name Registration Agreement

This  Solutions LLC Domain Name Registration Agreement ("Agreement") is by and between  Solutions LLC , an Oklahoma Limited Liability Company ("") and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Watersweb's Domain Name Registration and represents the entire agreement between You and Watersweb . By participating in this transaction, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, including our dispute policy and the ICANN Transfer Dispute Resolution Policy along with any new, different or additional terms, conditions or policies, including the Universal Terms of Service which Watersweb may establish from time to time.

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 the account You've established with Watersweb , whether or not the transactions were in Your behalf. You acknowledge that Watersweb 's acceptance of any application made by You for services provided by Watersweb will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Enid, Oklahoma, USA.

You acknowledge that Watersweb is a registrar bound by an agreement between Watersweb and ICANN. You agree that Watersweb may modify this agreement in order to comply with applicable law and the terms and conditions set forth by the ICANN and/or the Registry Administrator chosen by ICANN, as well as any registration rules or policies that may be published from time to time by Watersweb .

1. Fees

In consideration for the services and products ("service") purchased by You and provided to You by Watersweb , You agree to pay Watersweb at the time service is provided. Payment is to be made by You by providing either a valid credit card, or Paypal. Personal checks must be for payments of $100 or more, and issued in U.S. dollars for the full amount required at that time. All personal checks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the product or service, and any check that bounces will result in a $25 bounced check fee. If You purchase an automatically renewing service or product by personal check, it is Your responsibility to make payment arrangements for each renewal payment. You understand that ICANN requires Watersweb to collect a registration fee when you purchase your domain name registration. You agree to pay such fees. Payments are non-refundable. If for any reason Watersweb is unable to charge Your Payment Method for the full amount owed Watersweb for the service provided, or if Watersweb is charged a penalty for any fee it previously charged to your Payment Method, You agree that Watersweb may pursue all available remedies in order to obtain payment. You agree that among the remedies Watersweb may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names registered or renewed on Your behalf. Watersweb 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, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change your Payment Method at any time by logging into Your Billing Center.

Domain Name Renewals

When You register a domain name, You have the option to elect that the domain name be automatically renewed upon reaching the expiration date. If You elect the automatic renewal option, Watersweb will automatically renew, for a period equivalent to the length of your original registration, any domain name that is up for renewal and will take payment from the Payment Method You have on file with Watersweb , at Watersweb 's then current rates. Thus, if you have chosen to register your domain name for one year, Watersweb will automatically renew it for one year. If you have chosen to register your domain name for two years, Watersweb will automatically renew it for two years, and so on. Domain name renewals will be non refundable. If for any reason Watersweb is not able to take the payment from the Payment Method You have on file, and You fail to respond to our notices, Your domain name registration will expire. It is Your responsibility to keep Your Payment Method information current, which includes the expiration date if you are using a credit card. If You do not elect that the domain name be automatically renewed, You have the responsibility of logging into Your account manager for that domain name and manually implementing the renewal by the expiration date (should You in fact want the domain name to be renewed). In this case, if You fail to manually implement the renewal in a timely fashion the domain name will be cancelled and You will no longer have use of that name. You agree that Watersweb will not be responsible for cancelled domain names that You fail to renew, either automatically or manually. In any case, if You fail to renew Your domain name in a timely fashion, additional charges may apply. If You signed up for domain masking, domain forwarding, or any other similar service, with Your domain registration, these services may be automatically renewed when Your domain registration is up for renewal, and You may incur an additional renewal fee unless You cancel in advance.

If you fail to renew your domain name, you agree that Watersweb may, at its sole discretion, renew your expired domain name on your behalf. If Watersweb decides to renew your expired domain name on your behalf you will have a Renewal Grace Period during which you may reimburse Watersweb for the renewal and keep your domain name. The Renewal Grace Period is currently 12 days but subject to change under the terms of Section 2 of this Agreement. If you do not reimburse Watersweb for the renewal during the Renewal Grace Period your domain name will be placed on Hold and flagged for deletion after which you will have a 30 day redemption period during which you may pay Watersweb a Redemption fee and redeem your domain name. The Redemption fee is currently $70 USD and is subject to change under the terms of Section 2 of this agreement. If you do not redeem your domain name prior to the end of the 30 day redemption period Watersweb may, at its sole discretion, delete your domain name or transfer it to another registrant on your behalf.

If your domain is deleted, the Registry also provides a 30 day Redemption Grace Period during which you may pay Watersweb a redemption fee and redeem your domain name. The redemption fee is currently $70 USD and is subject to change under the terms of Section 2 of this agreement. If you do not redeem your domain name prior to the end of the Registry's Redemption Grace Period the Registry will release your name and it will become available for registration on a first-come-first-served basis.

2. term of agreement; modifications

The term of this agreement shall continue in full force and effect as long as You have any domain name registered through Watersweb . You agree that You will not transfer any domain name registered through Watersweb to another domain name registrar during the first sixty (60) days from its initial registration date. You further agree that Watersweb may charge You a small fee if You cancel Your domain within the five (5) day grace period after registering Your domain with Watersweb and Watersweb refunds the price of Your domain. Watersweb will not charge You a fee if Watersweb cancels Your domain name during this period because of fraud.

You agree that Watersweb may modify this agreement from time to time. Watersweb may also discontinue services it provides under this agreement. You agree to be bound by any changes Watersweb may reasonably make to this agreement when such changes become effective. Should You elect to cancel Your agreement with Watersweb You will not receive a refund for any fees You may have paid to Watersweb .

You agree that Watersweb shall not be bound by any representations made by third parties who You may use to purchase services from Watersweb , and that any statements of a general nature, which may be posted on Watersweb 's web site or be contained in Watersweb 's promotional materials, will not bind Watersweb .

3. up to date information; use of information and expiration

You agree to notify Watersweb within five (5) business days when any of the information You provided as part of the application and/or registration process changes. It is Your responsibility to keep this information in a current and accurate status. Failure by You, for whatever reason, to provide Watersweb with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this agreement. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Watersweb to determine the validity of information provided by You, shall also be considered to be a material breach of this agreement. You agree to retain a copy for Your record of the receipt for purchase of Your domain name.

You agree that for each domain name registered by You, the following contact data is required: postal address, email address, telephone number, and if available, a facsimile number for the registered name holder and, if different from the registered name holder, the same contact information for, a technical contact, an administrative contact and a billing contact

You acknowledge and agree that domain name registration requires that this contact information, in whole or in part, be shared with the registry operator. As required by ICANN, this information must also be made publicly available by means of Whois, and that the registry operator may also be required to make this information publicly available by Whois. Both Watersweb and the registry operator may be required to archive this information with a third party escrow service. You hereby consent and give permission for all such requirements and disclosures. Further, You represent and warrant that, if You are providing information about a third party, You have notified the third party of the disclosure and the purpose for the disclosure and You have obtained the third party's consent to such disclosure.

You agree that for each domain name registered by You the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement:


You agree that, to the extent permitted by ICANN, Watersweb may make use of the publicly available information You provided during the registration process. If You engage in the reselling of domain names You agree to provide any individuals whose personal information You've obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.

4. dispute resolution policy

You agree to be bound by our current Dispute Resolution Policy. This policy is incorporated herein and made a part of this agreement. You can view the Uniform Domain Name Dispute Resolution Policy online. You agree that Watersweb may from time to time modify its Dispute Resolution Policy. Watersweb will post any changes to its Dispute Resolution Policy at least 30 days before they become effective. You agree that by maintaining Your domain name registrations with Watersweb after the updated policy becomes effective that You agree to the Dispute Resolution policy as amended. You agree to review Watersweb's web site periodically to determine if changes have been made to the Dispute Resolution Policy. If You cancel Your agreement with Watersweb as a result of the modified Dispute Resolution policy no fees will be refunded to You.

You agree that if a dispute arises as a result of one or more domain names You have registered using Watersweb, You will indemnify, defend and hold Watersweb harmless as provided for in this agreement. You also agree that if Watersweb is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by You using Watersweb, that Watersweb, in its sole discretion, may take whatever action Watersweb deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event You agree to hold Watersweb harmless for any action taken by Watersweb.

5. transfer of domain names; resale practices

If You transfer any domain name You agree to provide the information required by, and to abide by, the procedures and conditions set forth in our Domain Transfer Agreement . In order to further protect Your domain, any domain registered with Watersweb or transferred to Watersweb shall be placed on lock status. The domain must be placed on unlock status in order to modify any of the Whois information including the name servers, or initiate a transfer of the domain name away from Watersweb to a new Registrar. You may log into Your account with Watersweb at any time after Your domain name has been successfully transferred to Watersweb , and change the status to unlock.

In the event You are purchasing a domain name on behalf of a third party, You agree to inform any customer of Yours, who may be acquiring a domain name through You using Watersweb 's registration services, that they are in fact registering their domain name through Watersweb and that Watersweb is an accredited registrar with ICANN. You agree not to represent that You are an ICANN accredited registrar or that You are in any way providing superior access to the ICANN Domain Name Registry. You also agree not to use the ICANN trademark logo in any of Your promotional materials including Your web site.

You agree to obtain each of Your customers' acceptances of Watersweb 's then current Domain Registration Agreement, and to retain evidence of their acceptance for a period of not less than three (3) years. Should You require that Your customers accept additional terms and conditions that are not required by Watersweb , You agree that such additional terms and conditions shall not conflict with Watersweb 's Domain Registration Agreement and the policies and business procedures adopted by ICANN.

You agree that Watersweb is not lending You access to its registrar connections or its registry access, nor will You be deemed to be a registrar in Your own right. Furthermore, You agree You will not attempt to gain access to Watersweb 's registrar connections or registry access. You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with ICANN requirements for inclusion in the Whois database.

You agree to provide Your customers with adequate customer support, and to maintain contact with them with regard to providing a medium for them to communicate changes in the information they provided as part of the domain name registration process. Upon receiving corrected or updated information You will, within 5 business days, provide such information to Watersweb so Watersweb may update its registration records. You will retain copies of all communications between You and Your customers and will upon request provide Watersweb copies of same.

6. suspension of services; breach of agreement

You agree that, in addition to other events set forth in this agreement, (i) Your ability to use any of the services provided by Watersweb is subject to cancellation or suspension in the event there is an unresolved breach of this agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN, and (ii) Your registration of any domain names shall be subject to suspension, cancellation or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any Watersweb procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Watersweb or the registry operator in registering any domain name or (2) for the resolution of disputes concerning any domain name.

You agree that Your failure to comply completely with the terms and conditions of this agreement and any Watersweb rule or policy may be considered by Watersweb to be a material breach of this agreement and that Watersweb may provide You with notice of such breach either in writing or electronically (i.e. email). In the event You do not provide Watersweb with material evidence that You have not breached Your obligations to Watersweb within ten (10) business days, Watersweb may terminate its relationship with You and take any remedial action available to Watersweb under the applicable laws. Such remedial action may be implemented without notice to You and may include, but is not limited to, canceling the registration of any of Your domain names and discontinuing any services provided by Watersweb to You. No fees will be refunded to You should Your agreement be cancelled or services be discontinued because of a breach.

Watersweb 's failure to act upon or notify You of any event, which may constitute a breach, shall not relieve You from or excuse You of the fact that You have committed a breach.

7. restriction of services; right of refusal

You agree not to use the services provided by Watersweb, or to allow or enable others, to use the services provided by Watersweb for the purposes of:

The transmission of unsolicited email (Spam).
Repetitive, high volume inquires into any of the services provided by Watersweb (i.e. domain name availability, etc.).

If You are hosting Your domain's domain name servers ("DNS") on Watersweb's servers, or are using our systems to forward a domain, URL, or otherwise to a system or site hosted elsewhere, or if You have your domain name registered with Watersweb, You are responsible for ensuring that there is no excessive overloading on Watersweb's DNS systems. You may not use Watersweb's servers and Your domain as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, or other abusive attack. Server hacking or other perpetration of security breaches is prohibited. You agree that Watersweb reserves the right to deactivate Your domain name from its DNS system if Watersweb deems it is the recipient of activities caused by your site that threaten the stability of its network.

You agree that Watersweb, in its sole discretion and without liability to You, may refuse to accept the registration of any domain name. Watersweb also may in its sole discretion and without liability to You delete the registration of any domain name during the first thirty (30) days after registration has taken place. Watersweb may also cancel the registration of a domain name, after thirty (30) days, if that name is being used in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way. In the event Watersweb refuses a registration or deletes an existing registration during the first thirty (30) days after registration, You will receive a refund of any fees paid to Watersweb in connection with the registration either being canceled or refused. In the event Watersweb deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.


8. limitation of liability

You agree that Watersweb 's entire liability to you under this agreement, and your only remedy, in connection with any service provided by Watersweb , to you under this agreement, and for any breach of this agreement by Watersweb , shall be limited to the fees you paid to Watersweb for the particular service in contention. Watersweb and its agents and contractors shall not be liable for any direct, indirect incidental, special, or consequential damages resulting from the use of or inability to use any of Watersweb 's services or for the cost of obtaining substitute services. Because certain states do not permit the limitation of elimination of liability for certain types of damage, Watersweb 's liability shall be limited to the smallest amount permitted by law. Watersweb disclaims any loss or liability resulting from:

  1. access delays or interruptions to our web site or domain name registration system
  2. data non-delivery or mis-delivery between You and Watersweb
  3. events beyond our control (i.e. acts of God)
  4. the loss of registration or processing of a domain name or the use of a domain name
  5. the failure for whatever reason to renew a domain name registration
  6. the unauthorized use of Your account with Watersweb or any of services provided to You by Watersweb
  7. errors, omissions or misstatements
  8. deletion of, failure to store, or failure to process or act upon email messages
  9. processing of updated information to Your registration record
  10. development or interruption of Your web site
  11. errors taking place with regard to the processing of Your application
  12. application of Watersweb 's Dispute Resolution Policy
  13. any act or omission caused by You or Your agent (whether authorized by You or not)

9. indemnity
You agree to release, defend, indemnify and hold harmless Watersweb and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to Your (including Your agents, affiliates or anyone using Your account with Watersweb whether or not on Your behalf, and whether or not with Your permission) use of the services provided by Watersweb. Should Watersweb be notified of a pending law suit, or receive notice of the filing of a law suit, Watersweb may seek a written confirmation from You concerning Your obligation to indemnify Watersweb. Your failure to provide such a confirmation may be considered a breach of this agreement.

10. representation and warranties

You warrant that all information provided by You as part of the registration process is complete and accurate. You also warrant that each registration You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's registration, trademark or trade name. You also warrant that the domain name being registered will not be used in connection with any illegal activity.

You agree that Watersweb makes no representations or warranties or any kind in connection with this agreement and specifically makes no guaranty to You against the possibility of objection to, or challenge of, the registration or use of any domain name You register with Watersweb.

Watersweb expressly reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Watersweb, as well as its affiliates, subsidiaries, officers, directors and employees. Watersweb also reserves the right to freeze a domain name during resolution of a dispute.

11. disclaimer of warranties


Watersweb expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Watersweb makes no warranty that its service(s) will meet your requirements, or that the service(s) will be uninterrupted, timely, secure, or error free, or that defects will be corrected. Watersweb does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.

12. severability; entirety

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only agreement between You and Watersweb regarding the services contemplated herein.

13. venue; waiver of trial by jury

This agreement shall be deemed entered into in the state of Oklahoma. Except for all disputes concerning the use of a domain name registered with Watersweb , the laws and judicial decisions of Garfield County, Oklahoma, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. For the adjudication of disputes concerning or arising from the use of a domain name registered with Watersweb , You shall submit, without prejudice to other potential applicable jurisdictions, to the jurisdiction of the courts (1) of Your domicile and (2) where Watersweb is located. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Garfield County, Oklahoma.

You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this agreement.

14. notices
You agree that all notices (except for notices concerning breach of this agreement) from Watersweb Solutions LLC to You may be posted on our web site and will be deemed delivered within thirty (30) days after posting. Notices concerning breach will be sent either to the email address You have on file with Watersweb Solutions LLC or mailed first class postage to the postal address You have on file with Watersweb Solutions LLC. In both cases, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to Watersweb Solutions LLC shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at:
Domain Services C/O Watersweb Solutions LLC, PO Box 10353, Enid, Oklahoma 73706. Delivery shall be deemed to have been made by You to Watersweb Solutions LLC five (5) days after the date sent.

15. provisions specific to all registrations
You agree to be bound by the rules, policies, and agreements of each Registry from which You purchase a domain registration, which may include, but are not limited to, Top Level Domain Registries and Second Level Domain Registries.

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