Welcome to the WEB MAGE Website Design and Development website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which govern WEB MAGE's relationship with you in regard to this website. If you disagree with any part of these terms and conditions, please do not use this website.
WEB MAGE Website Design and Development is the sole trading name of Monica Stewart referred to by the terms ‘WEB MAGE’ or ‘our’ or ‘we’ or ‘I’. The term ‘you’ refers to the user or viewer of this website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
All information is provided by WEB MAGE and whilst we endeavour to keep the information up to date and correct, WEB MAGE make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.
Your use therefore of any information or materials on this website is entirely at your own risk. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
In no event will WEB MAGE be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Every effort is made to keep the website up and running smoothly. However, WEB MAGE takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
This website and its content is copyright of WEB MAGE. This website contains material which is owned by or licensed to WEB MAGE. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Any materials reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
This Hosting Agreement governs your purchase and use, in any manner, of all Web site hosting, ordered by you and accepted by WEB MAGE and describes the terms and conditions that apply to such purchase and use of the Services. You AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. WEB MAGE 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 both existing or future customers. WEB MAGE may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following WEB MAGE' posting of any changes or modifications will constitute your acceptance of such changes or modifications.
1. Payment. As consideration for WEB MAGE providing the Hosting Services hereunder, Customer agrees to pay WEB MAGE the aggregate monthly fee based on the monthly hosting services and the terms selected.
2. Provision of Services. WEB MAGE will provide Customer with the Services ordered that are described in the Hosting Package Features elsewhere in this document. Customer understands and agrees that WEB MAGE will host and create the Web site solely in accordance with the information provided by Customer.
3. Rights to the Web Site and Content. With the exception of any Third-Party Materials and Background Technology as set forth in Section 4, Customer owns the Customer Content. "Customer Content" means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Customer to WEB MAGE. "Third-Party Materials" means any content, software, or other computer programming material that is owned by an entity other than WEB MAGE, and licensed by WEB MAGE or generally available to the public, including Customer, under published licensing terms, and that WEB MAGE will use to display or run a Web site. WEB MAGE owns the rights to the design of the web site.
4. Limited License to the Background Technology. "Background Technology" means computer programming/formatting code or operating instructions developed by or for WEB MAGE and used to host or operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute any Background Technology to any third party without the prior written consent of WEB MAGE. All rights to the Background Technology not expressly granted to Customer hereunder are retained by WEB MAGE. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.
5. Limited License to Content. Customer hereby grants to WEB MAGE the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit Web site, any Customer Content, or any Customer Marks provided to WEB MAGE hereunder, solely for the purpose of rendering WEB MAGE' Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.
6. Content Standards. Customer agrees not to provide Customer Content, and WEB MAGE will not intentionally provide to Customers any content, that (a) infringes on any third party's intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens' rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Customer is international, then Customer agrees to comply with all applicable local and national laws. WEB MAGE reserves the right to refuse any other subject matter it deems inappropriate.
7. Support. WEB MAGE agrees to provide reasonable technical support by email to Customer during WEB MAGE's normal technical support hours. WEB MAGE will provide customer support by telephone if the customer purchased telephonic support time.
8. Term and Termination. (a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b) WEB MAGE may terminate this Agreement after five (5) days' written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (5) day period; and (c) upon the termination of this Agreement, Customer will pay WEB MAGE for all Services provided to Customer by WEB MAGE prior to termination. Sections 2, 3, 4, 5, 9 and 11 will survive termination of this Agreement.
9. Warranty Disclaimer. Except as expressly provided in this Agreement, the Services are provided "as is," and WEB MAGE expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that WEB MAGE will not be liable for any temporary delay, outages or interruptions of the Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by WEB MAGE to a Customer will be deemed accepted when delivered.
10. Indemnity. (a) Customer Indemnity. Customer will defend WEB MAGE against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section . Subject to Section 11, Customer shall indemnify WEB MAGE for all losses, damages, liabilities, and all reasonable expenses and costs incurred by WEB MAGE as a result of any such third-party claim, action, suit, or proceeding. (b) WEB MAGE' Indemnity. WEB MAGE will defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, WEB MAGE shall indemnify Customer for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Customer as a result of any such third party claim, action, suit, or proceeding. (c) Mechanics of Indemnity. The indemnifying party's obligations are conditioned upon the indemnified party: (i) giving the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii) granting control of the defense and settlement to the indemnifying party; and (iii) reasonably cooperating with the indemnifying party at the indemnifying party's expense.
11. Limitation of Liability. WEB MAGE's LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO WEB MAGE DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. WEB MAGE SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WEB MAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, WEB MAGE WOULD NOT ENTER INTO THIS AGREEMENT.