e-Works Terms & Conditions

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e-Works Website Package Terms & Condition

THESE ARE THE TERMS AND CONDITIONS(“Agreement”) APPLICABLE TO THE PURCHASE AND SALE OF WEBSITE RELATED SERVICES AMONG YOU (“Customer”, “you” or “your”) AND ONLINE IN A WEEK INC. (“Online in a Week”, “us” “we” or “our”) YOU AGREE TO PAY THE UPFRONT DESIGN FEE UPON ENTERING YOUR PAYMENT INFORMATION IN THE ONLINE IN A WEEK PURCHASE SYSTEM (the “Effective Date”) AND THE MONTHLY FEES FOR THE SERVICES PURCHASED FOR 12 MONTHS FROM THE DATE YOU ARE SENT AN EMAIL NOTIFYING YOU THAT THE WEBSITE IS LIVE (the “Live Date”). THE FEES PAID TO ONLINE IN A WEEK ARE NON-REFUNDABLE. ENTERING YOUR PAYMENT INFORMATION IN THE ONLINE IN A WEEK PURCHASE SYSTEM SHALL BE DEEMED TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS.

IN ADDITION, YOU MAY ELECT TO PURCHASE ADDITIONAL SERVICES FROM ONLINE IN A WEEK, OR THEIR PARTNERS AND/OR OTHER THIRD PARTIES, WHICH HAVE THEIR OWN TERMS AND CONDITIONS AGREEMENTS AND ACCEPTABLE USE AGREEMENTS, ASIDE FROM THIS AGREEMENT. THOSE AGREEMENTS SHOULD BE PRESENTED TO YOU AT THE TIME OF PURCHASE AND/OR ACCOUNT LOGIN, AND IT IS YOUR OBLIGATION TO REVIEW, ACCEPT AND ABIDE BY THOSE AGREEMENTS AS WELL AS THIS AGREEMENT.

Online in a Week reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to existing or future customers. Online in a Week may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Online in a Week' posting of any changes or modifications will constitute your acceptance of such changes or modifications.

Online in a Week will provide you with the following services (the "Service"). Online in a Week will build a personalized website utilizing the design approved by you with information provided by you (the "Website"). Online in a Week shall develop and host the Website on a network server accessible by the Internet via an assigned Universal Resource Locator ("URL") subdomain and register the Website URL with several World Wide Web Search Engines.

The Website designs are delivered as they appear in the Staging Area. Online in a Week will place your company logo or company name in the designated area. Online in a Week will add five pages of “get started” copy or customer provided copy in the designated areas of the design. Photos from our Image Library will also be incorporated in the design. Your package also includes the set up of 10 email accounts.
Prior to going live, Online in a Week will submit your website to all major search engines.

You hereby grants to Online in a Week and its subcontractors the necessary rights and licenses with respect to such Website to carry out obligations under this Agreement and to make a reasonable number of archival or back-up copies as deemed necessary by Online in a Week. Optionally, you may elect to purchase additional add-on services such as e-commerce, or advanced website options which are also covered by this Agreement.

Customer shall pay Online in a Week for the Service provided. If Customer requires additional services, additional fees may apply based on posted rates. All rates are stated net of all applicable federal, state, and local taxes. On any amounts not paid when due, Customer agrees to pay interest at the highest rate allowed by law. In addition, Customer agrees to pay all costs of collection, including costs of litigation and reasonable attorneys' fees. Customer agrees to execute financing statements and other instruments at Online in a Week' request. A $20 (Twenty U.S. Dollars) collection fee will be charged for all dishonored checks. A $15 (Fifteen U.S. Dollars) fee will be assessed for the following reasons: (1) late payment, (2) payment with insufficient funds, (3) denied or invalid credit card number, or (4) restart of Service terminated for nonpayment. Payment is late after the fifth (5th) day of the month. Online in a Week may change any fee, rate, or plan upon thirty (30) days' notice (except for hosting fees [see Section 5 herein]).
This Agreement is effective as of the Effective Date and shall continue for a period of one year unless otherwise terminated by i) Online in a Week if Customer breaches this Agreement or ii) Customer, in either case, Customer shall pay Online in a Week an early termination fee of one hundred (1000%) percent of the then-current monthly fee for the remainder of the term. After one year, this Agreement shall renew for successive one-month terms unless terminated by either party for any reason.
Customer shall be responsible for the following:

a. Providing Online in a Week with all relevant content and custom images (including, but not limited to, design, pamphlets, brochures, logos, and other images) in connection with development of the Website in a digital format.
b. Contacting Online in a Week for all changes, modifications, and enhancements to the Website and/or Service starting from the Effective Date.
c. Contacting Online in a Week with notice of Customer’s decision to cancel or discontinue the Service starting from the Effective Date.
d. Obtaining Internet connectivity to access the Website, to send and receive e-mail, and to otherwise access and utilize the Internet.
e. To the extent Customer gathers any personal information about visitors to the Website, Customer will not share that personal information with any third party without first obtaining such visitor’s consent.
f. Providing current and updated contact information (including e-mail address and fax number) for Online in a Week' use in contacting Customer concerning the Website.
g. Customer represents to Online in a Week that Customer is at least eighteen years old and is responsible for supervising the activities of any under-age user.
h. Ensuring that the Website content provided by Customer does not infringe or violate the Intellectual Property rights (including, but not limited to, trademarks, trade names, copyrights, patents, domain registration rights, and trade secrets) or any other right of any third party (including, but not limited to, rights of privacy and contractual rights), and acquiring any authorization(s) necessary to use intellectual property or other proprietary information of third parties.
i. Ensuring the accuracy of materials provided to Online in a Week, including, without limitation, website content, descriptive claims, warranties, guarantees, nature of business, and contact information for the Customer.
Customer understands that any fees and annual or monthly charges are non refundable.
Need to check the following statements:
Upon cancellation, Customer will receive a final bill reflecting the balance due for any remaining charges. Customer agrees to pay all fees incurred by Customer and billed to Customer via credit card, check, local telephone company, direct billing and/or third party billing arrangement. Direct billing is due upon receipt of invoice. Online in a Week reserves the right to adjust its hosting fees from time to time without prior notice to Customer.
Customer will use the Service in a manner which does not interfere with or disrupt other network users, services, or equipment, and Online in a Week reserves the right to terminate or suspend Service without notice if such interference is determined by Online in a Week to exist. Such interference or disruption includes, but is not limited to:

a. wide-scale distribution of messages, including bulk e-mail or unsolicited spam e-mail, or wide-scale distribution of messages to inappropriate mailing lists, newsgroups, or other public or private forums,
b. propagation of computer worms or viruses, and
c. use of the network to make unauthorized entry to other computational, information, or communications devices or resources- This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.
Online in a Week reserves the right to deny, terminate, or suspend Service without notice if, in Online in a Week' sole discretion, the Service is used by Customer in a manner that violates or may violate the following standards, and Online in a Week reserves the right to reject, alter, modify, or remove the Website, Website domain name, URL address, or any Website content (including, but not limited to, any language, words, text, photographs, designs, drawings, graphics, images, symbols, or logos) which Online in a Week in its sole discretion deems to be:

a. An infringement on or a mechanism designed to facilitate the infringement of a propriety interest of any third party, including without limitation, any copyright, trademark, domain registration right, trade secret, or patent right. By using the Service, Customer represents and warrants that any name or word submitted to be used as all or part of the URL associated with the Website does not infringe any trademark or domain name rights of any third party. Moreover, Customer warrants that it has a present good faith intention to use the URL it requests in connection with a commercial or personal endeavor and that it is not merely "cyber squatting," i.e., obtaining the URL merely to attempt to sell the rights to the URL or subdomain to some third party.
b. In violation of any federal, state, county, and municipal laws, regulations, governmental agency orders, and court orders.
c. Offensive, including without limitation, bigotry, racism, discrimination, hatred, or profanity; is disparaging, defamatory, libelous, or results in an invasion of privacy; promotes or provides instructional information about illegal activities or physical harm or injury to any group, individual, institution or property; or infringes on a proprietary interest of any third party, including without limitation, any copyright, trademark, domain registration right, trade secret or patent right; or may violate any federal, state, county, and municipal laws, regulations, governmental agency orders, and court orders; or
d. States or implies that the Website is placed by Online in a Week or any party with a contractual relationship with Online in a Week, or that such parties endorse the Customer’s products or services.
e. Pornographic or obscene. Online in a Week neither sanctions nor permits hosted site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity. Online in a Week reserves the right to immediately suspend or terminate any site or transmission that violates this policy, without prior notice. In the event of such termination, Customer agrees that the unused portion of any fees Customer may have paid for any Service rendered to Customer by Online in a Week are an appropriate recompense to Online in a Week for the time required to respond to and address issues created by Customer's illegal or obscene site/content, and Customer agrees not to seek recovery of those fees. Further, should Customer violate this policy, Online in a Week will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, the Website, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.
f. Violent or encouraging violence.
g. Disparaging, defamatory, libelous, or resulting in an invasion of privacy.
h. Promotion or providing of instructional information about illegal activities or physical harm or injury to any group, individual, institution or property, or encouraging illegal or criminal conduct.
i. Promotion or facilitation of, or engaging in, consumer deception or fraud, drug use, drug dealing, pyramid schemes, gambling, or any other illegal activities.
j. Intentional holding of Online in a Week (including its affiliates) or their employees or shareholders up to public scorn, ridicule, or defamation.
The Service are provided on an "as is" and "as available" basis. Online in a Week' entire liability and Customer's exclusive remedy against Online in a Week for any failure of service under this Agreement, or the performance or nonperformance of any obligation under this Agreement, shall be limited to a refund of amounts paid to Online in a Week during the period of time that the Service contracted for were interrupted or not provided properly or continuously. The entire liability of Online in a Week, and Customer’s exclusive remedy against Online in a Week for errors in the Website (other than those errors caused by Customer) shall be the correction of such errors upon notice from Customer. EXCEPT AS EXPRESSLY STATED HEREIN, CUSTOMER’S USE OF THE SERVICE IS AT ITS OWN RISK AND ONLINE IN A WEEK DISCLAIMS ANY AND ALL WARRANTIES TO CUSTOMER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ONLINE IN A WEEK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. Online in a Week disclaims and shall not be liable for any other loss, injury, cost or damage suffered by Customer or any third party and shall in no event be liable for consequential, special, or indirect or incidental damages, including without limitation, damages for loss of business profits, business interruption, or loss of data, arising out of or in any way connected with the use of the Website and any information available on it, and the delay or inability to use the site or any information, even if Online in a Week has been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Except as expressly stated herein, Online in a Week disclaims any and all warranties to Customer, expressed or implied, including implied warranties of merchantability and fitness for a particular purpose.
Online in a Week will not be liable to any third parties for any direct, incidental, or consequential losses or damages suffered by such third parties for any reason, whether foreseeable or not, including, without limitation, damages for loss of profits, loss of income or earnings, loss of business opportunities, injury, or other loss or damage resulting directly or indirectly out of or in connection with the Service, or through use of the Website. The foregoing shall apply despite any negligence, misconduct, errors, or omissions by Online in a Week, including without limitation its employees, representatives, agents, or technical operations. Customer assumes sole responsibility for:

a. acquiring any authorization(s) necessary to use intellectual property (including, but not limited to, copyrights and trademarks) or information of third parties;
b. acquiring any authorization(s) necessary for hypertext links to third party websites;
c. the accuracy of materials provided to Online in a Week, including, without limitation, website content, descriptive claims, warranties, guarantees, nature of business, and contact information for the Customer; and
d. ensuring that the Website content provided by Customer does not infringe or violate the intellectual property rights or any other right of any third party. Online in a Week shall have no liability and shall be held harmless for any content provided by Customer that infringes or violates any rights of third parties, including, without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets, and/or licenses. Online in a Week disclaims any responsibility for any content, goods, and services available through the Website, or the quality or accuracy of any information in the Website. Online in a Week will not endorse, warrant, or guarantee any product or service offered through the Website, and will not be a party to or in any way monitor any transaction between Customer and third-party purchasers of products or services resulting from the Service or use of the Website, including, without limitation, all sales of goods or services, credit card transactions, banking or securities transactions, or any business, service, or merchandise agreements. ONLINE IN A WEEK DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES TO THIRD PARTY USERS OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
Customer agrees to defend, indemnify, and hold harmless Online in a Week and each of Online in a Week' officers, directors, employees, agents, and affiliates from, against, and in respect of: (i) any and all losses, damages or deficiencies resulting from any third party claim against Online in a Week in connection with the Website (including, but not limited to, website content) or the URL and (ii) all costs and expenses incident to any and all actions, suits, proceedings, claims, demands, assessments, or judgments in respect thereof regardless of the merit thereof, including Online in a Week' reasonable legal fees and expenses (whether incident to the foregoing or to Online in a Week' enforcement of said rights or defense and indemnity).
Customer agrees to defend, indemnify, and hold harmless Online in a Week and each of Online in a Week’ subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees of any of the foregoing, from, against and in respect of any and all losses, costs (including reasonable attorney’s fees), expenses, damages, assessments, or judgments (collectively, “Liabilities”), resulting from any claim against any of such parties in connection with Customer’s website except to the extent that such claims directly resulted from the gross negligence or willful misconduct of the indemnified party.
Online in a Week reserves the right to suspend or terminate Service with or without notice to Customer if Online in a Week determines, in its sole discretion, that Customer has failed to comply with its obligations as set forth in this Agreement.
As between Customer and Online in a Week, all materials, images, photos, information, and other content provided by Customer to Online in a Week for inclusion to the website shall remain the sole and exclusive property of Customer. With the exception of Customer’s ownership interest as identified in the previous sentence, ownership interest to the Website, including, but not limited to, the URL address, HTML coding, scripting, copyrights, domain name(s), and all other intellectual property rights, shall remain exclusively with Online in a Week. Upon termination of the Service, should Customer desire to obtain the proprietary, copyright, or ownership rights to the Website, Customer must obtain express, written permission from Online in a Week, and Customer shall compensate Online in a Week a royalty fee of i) if within the initial term, an early termination fee of one-hundred (100%) percent of the then-current monthly fee for the remainder of the term plus twelve (12) times the then-current monthly fee received by Online in a Week for the Service or ii) if after one year, twelve (12) times the then-current monthly fee received by Online in a Week for the Service, as compensation for assignment of the proprietary rights to the website. Such ownership or proprietary rights assignment shall be limited to the actual the URL address, Website and its underlying HTML script or coding as developed for Customer by Online in a Week, but shall not include any rights to Online in a Week' software, trade secrets, methodologies, processes, proprietary functions, know-how, and all intellectual property including, but not limited to, all copyrights, trademarks, patents, and trade secrets related to Online in a Week' products or services, which shall remain the sole and exclusive property of Online in a Week and its suppliers, affiliates, partners, and licensors.
This Agreement shall be governed by the laws of the State of California, without giving effect to principles of conflict of laws contained herein. Customer agrees that any judicial proceeding for the breach of or enforcement at law or equity of this Agreement or any provision hereof shall be instituted only in a federal or state court of competent jurisdiction in the city of San Diego and the State of California, and Customer consents to the jurisdiction of such court, and waives the right to challenge the jurisdiction of such court on grounds of lack of personal jurisdiction or to seek a change of venue. This Agreement constitutes the entire agreement of the parties relative to its subject matter, and shall not be waived, modified, or supplemented in whole or in part except in a writing signed by the parties. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
Any failure by Online in a Week to enforce any of its rights under this Agreement or any applicable laws shall not constitute a waiver of such right. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, Customer, Online in a Week, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining provisions shall retain their full force and effect.
This Agreement does not create any agency, employment, partnership, joint venture, franchise, or other similar or special relationship between you and Online in a Week. Neither party will have the right or authority to assume or create any obligations or to make any representations, warranties or commitments on behalf of the other party or its affiliates, whether express or implied, or to bind the other party or its affiliates in any respect whatsoever.

Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of Online in a Week.