Terms of Service

License Agreement

This is a legal agreement (“Agreement”) between you, together with any company or business entity you are representing, and WebProStore. Subject to the terms of use and service we authorize you to use WebProStore’s products and services for your personal and/or commercial use. Using certain pieces of software require that you also agree to third party agreements which are stated in this document.

Registration Agreement

When registering for any products or services the WebProStore provides you agree to the terms of use and service, privacy policy, and any other terms of use the product/service might have additional.

Licensing Agreement

You authorize our company to brand the service in which you are using. You do not at anytime own the rights to the information you are using. Any content that you custom create for the web site can be saved and is deemed to be your copyrighted information. You authorize us to host this information on our servers if the information is placed there. Information includes any content that is uploaded.

This license can be terminated at anytime by either party. Failure to make payments either one time or monthly can terminate any products/services that you have requested without money back.

Images and any other content that is downloaded from our libraries is registered to WebProStore and its 3rd party companies, and may NOT be used on any other medium besides items having to do directly with our company such as the web site builder. Images and templates are royalty free to use, however should be modified slightly when using them on your web site.

Payment Processing

We manage all the billing with our accounts system. Information security is covered in our privacy policy. You authorize our company to make any deductions from your credit card, debit, or checking account that you have signed up for. All original contracts are kept by Online2Income, and if a charge is disputed will be fought by us per your contract. If you wish to cancel your service you can do so by sending us certified mail or fax with the following information:

First Name, Last Name, E-Mail, Account Number (if you know it), copy of contract (if possible), phone number (if we have questions), reason for cancellation, and a written request the site should be cancelled.

For our postal mail address or fax please see our contact us page.

Interest and Attorney’s Fees

Any unpaid amount will be subject to a 1.5% per month service charge until paid in full. In the event either party shall be successful in any suit for damages for any breach of this agreement, including non payment of amounts due, or to enforce the agreement. Such party shall be entitled to recover its reasonable legal fees and expenses incurred in any such action or addition to any other relief granted.

All disputes should first attempt to be fixed by contacting the company, or client. Only if both sides can’t come to an arrangement should the matter be elevated to court. Any attempt to take legal action must be done in the state of Utah legal courts. If matter is elevated above this it should go to the nearest district court around Utah.

Confidentiality

Both parties should keep information such as contact information private unless prior written consent is given. We ask that any disputes or trouble that arrises from using our services be handled through our company, and not addresses elsewhere. If you choose not to do this your account can be suspended until such request is fulfilled. We can also cancel accounts due to this reason. No money refunds will be given for this action on either one time amounts or monthly amounts.

Indemnification

You at your own expense will indemnify, defend, and hold harmless WebProStore and its employees, directors, officers, managers, agents, and affiliates from services provided to you for the following but not limited to outages, fees charged, products, web hosting, billing practices, customer representatives, mentoring, and all other services that we provide. We will attempt to provide enhanced and reliable products and services to all our clients. If any problems arise these should be handled through our company, and if that does not work through a mediation firm. If problems elevate above that then through the legal system. We are not responsible for attorney’s fees or damages to you caused by our services and/or products.

Independent Contractors

We outsource some of our services to third party companies to make sure that we have a very enhanced and sophisticated system for our clients to use. You agree to hold us harmless for these services provided by third party companies as we have no control over that company. Products and services might change from time to time depending on the availability of certain vendors.

Web Site Builder

If you use our templates you authorize us to put a notice at the bottom of the page that says “Powered by WebProStore” and “An Online2Income venture.” These disclosures are at our discretion, and may or may not be used. We might also hyperlink the text to our web site.

You do not own any rights to the web site builder. You are licensed to use the web site builder from us while you are currently hosting your site with us, and the monthly fee is paid. Modifying any code that is related to the web site builder is strictly prohibited outside of creating your own templates.

Custom templates might be created by our staff for our clients. We have the option to rebrand this template and use it in our template gallery at our own consent.

We attempt to make backups of all your data with your site. In the event of a data loss, or a malfunction in the builder scripting you agree not to hold us responsible for such a problem. We will work hard to make sure your site stays online and running, but we make no guarantee on uptime response to you.

Templates

Any templates downloaded by you must only be used with the WebProStore Builder, and can’t be copied, modified, or reverse engineered for any other purpose outside of the WebProStore Builder. You do have the rights to modify graphics, and the template itself if you choose, but all copyrights, powered by, or literature pertaining to legality must be kept in tact on the template. Custom templates can be modified as well under this same premise. All pictures, color schemes, and information in the template is copyright to WebProStore, and can only be modified within the bounds of this terms of use and services contract. This agreement is effective on any template download, or use of template.

Image Galleries

Any images that are obtained through the image gallery are royalty free, and can be modified by you. The pictures must be kept or used in the builder, and are not to be used outside of the WebProStore Builder. Any use other then the intended use will be breaking the copyright law on the images. Copyrights might be applicable from 3rd party company on images.

3rd Party Software

It is your responsibility to read and accept 3rd party software licenses and agreements. We do not take any responsibility for 3rd party software, and we are not liable for non-agreement, and/or damages either direct or indirect caused by the software. If you choose to agree to their license agreements or the software does not work on your computer because you do not meet the requirements of the application we will not issue any type of refund for the products/services rendered. It is your responsibility to read all license agreements before using the applications.

Hosting

You must stay within the bounds of the web hosting. You are not allowed to post pornographic images, information on minors, or other inappropriate information on a site which includes illegal information as well. Any abuse of this could result in a large fine, release of information to law officials, and/or hosting termination. We deem the following as unlawful material: any site who has revenue from part or whole of adult content, photos or videos showing nudity not used for scientific purposes of either men or women, photos or videos showing graphic violence, death, or dismemberment, web sites containing information or affiliation to illegal content, terrorists organizations, or revenue generating hyperlinks that violate these policies.

Spam is not allowed or tolerated. We will charge a fine for every bulk mail sent from our servers. If your account is responsible for sending bulk mail out we will press the issue to the full extent of the law, cancel your web hosting, and/or charge a fine per message to deal with the issue.

Spam is known as sending bulk or unsolicited e-mail to people that do not which to receive the e-mail and did not agree, or signup for a newsletter, or bulk mailing. Because of various spam blocking systems if you are caught with sending mail out we will cancel your account, and can charge fees to resolve the matter with the spam blocking agency.

No one shall post defamatory, scandalous or private information about a person without their consent, intentionally inflicting emotional distress, violating trademarks, or copyrights will terminated, and further legal action may result.

Bandwidth and disk space usage if used above the amount will incur additional charges based on the disk space amount you are using with your web site. We reserve the right to upgrade and downgrade accounts as necessary.

Domains
Domain names have their own policies that must be agreed to use this service. We do not control domains, but we use an ICANN accredited system for registering domains. If you need access to a domain registered with us please notify us by the contact page.

Modification

Modifications can be made to this document either by adding, deleting, or modifying any provision of this document at anytime without written notice. Reporting network abuse, policy abuse can be reported to webmastera@webprostore.com

Product Trial and Return Policy

There are no returns on our products because once a session is started we have already spent time setting up the service for you. Product trial will suspend or terminate the account if no credit card is entered in. It is the responsibility of the client to give us an updated credit card, debit card, or checking account number and routing number to process payments. It is at our discretion to charge additional fees if you are late, or bounce checks to our company. A $20.00 or higher check fee will be charged to you for returned checks.

Gifts and Certificates

In order for you to receive gifts such as an MP3 player, or digital camera all the notices on the certificate must be met. You must also send us the certificate by mail, and payment for shipping and handling with that certificate.

We are not responsible for lost or stolen mail.

Programming Assistance

Most technical support is included with your web site hosting. This support includes questions that have to do with problems with the builder, or our products will be answered. In the event that something malfunctions because you such as modification to the source code we will charge anywhere from $50 - $100 per hour depending on the severity of the issue. If you need a custom layout there might be additional fees for this as well. Technical support is only available to active hosting clients. Our billing department will assist you if you have any questions and are not currently an active hosting client.

Limitations of Liability

You, any of your companies, or clients on the contract agree that WebProStore and its affiliates will not be held responsible for any indirect, incidental, exemplary, or consequential damages including but not limited to damages for loss of revenue, profits, goodwill, use, or data failure. The maximum amount of refund given to client is for that month in question for service or $29.95 total. We are not responsible for any and all data loss on our system. We take necessary precautions to keep backups of your site and SQL database in the event of a data loss you will usually have a backup that is up to 1 week old. We are not responsible however if the backup fails, but we will attempt to do everything that we can to make sure the account stays running optimally.

Governing Law

This agreement shall be governed and construed in accordance to laws of the State of Utah, and the laws of the United States of America.

The parties herby: irrevocably submit to the jurisdiction of the courts of Utah in respect to the subject matter hereof.
Consent to service being affected upon the other party.
Agree not to seek request or pursue any right, claim, or entitlement to any punitive or exemplary damages.
Arbitrators will have no authority to award punitive damages and the prevailing party shall be entitled to award of reasonable attorney fees.

Cancellation Policy

Any transactions done at a seminar (as specified on your receipt and contract): All sales are final, no refunds.

Any transactions done on the phone (as specified on confirmation letter): 3 business day right to rescind.

Due to proprietary and confidential information all sales are final. No verbal agreements are contractual. Monthly service fees will commence after the purchase and will be billed monthly in advance thereafter. No refunds will be given for failure to use the requested and provided services. This agreement will remain in effect each month until cancelled in writing by certified mail or fax 7 days prior to billing to not be billed for that month. You must include the following; copy of sales receipt (if you have this) , account username, full name, phone, best time to contact you, postal address, email address, statement stating that you want to cancel, and a reason why you are canceling, as well as any feedback that you might have for us. You agree that Online2Income shall be fully protected in honoring any such electronic transfer or collection. Online2Income shall not be responsible for refunding any account set-up fees. A record of my payment should be included in my bank or credit card statement and will serve as my receipt.

Please send cancellations to the following:
Fax: 801.349.3435
or
Mail: Attn: Client Care
3135 Richmond St.
Salt Lake City, UT 84106