TERMS AND CONDITIONS
The following is the entire Terms and Conditions (“TAC”) agreement between NWBD, National Women Business Directory (“NWBD”) and the personal or corporate account holder (“YOU/YOUR/Customer”). NWBD provides the following self-managed services to women owned small businesses throughout the United States.
- Business Directory Listings
- Business Identity Branding
- Search Engine Optimization
- Search Engine Ranking
- Social Media Marketing
NWBD has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. NWBD’s general policy is to act as a provider of Internet Marketing Services & Business Identity Branding. NWBD reserves the rights to suspend or cancel a customer’s access to any or all services provided by NWBD when we decide that the account has been inappropriately used or is past due on payment.
NWBD membership is open to all women business owners. Your membership status can be either an Individual, Sole Proprietor, Limited Liability Corporation or Corporation. We support women from all business classifications.
NWBD accepts the following forms of payment; Visa, Mastercard, Discover, American Express and PayPal.
NON-REFUNDABLE PRODUCTS & SERVICES
There are no refunds on administrative fees, and install fees for custom software. All NWBD services including Identity Creation, SEO Marketing, Membership Plans & Package fees and all other services are non-refundable.
You may terminate or cancel NWBD Services by submitting a cancellation request to us.
All accounts are set up on a pre-pay basis. Individual Membership plans are created at the time a customer signs up for NWBD services. All membership plans & package fees are non-refundable.
PROMOTIONAL RATES & SPECIAL OFFERS
NWBD may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
Any attempt to undermine or cause harm to a server or customer of NWBD is strictly prohibited. NWBD will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password theft, security hole scanning, etc. Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to NWBD, will result in action against YOU. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack. IMPORTANT NOTE – NWBD has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE.
99.99% UPTIME GUARANTEE
(1.) COVERAGE – This 99.99% uptime guarantee applies to any Customer in good financial standing with NWBD at the time of a service outage. (2.) SERVICE LEVEL AGREEMENT (“SLA”) & SPECIFICATIONS – NWBD endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime (“unavailability”) is defined as 100% packet loss from NWBD to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via NWBD’s online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by contacting NWBD.
TECHNICAL SUPPORT BOUNDARIES
NWBD provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues. However, in under no circumstances is NWBD neither obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously. We will only provide assistance in making sure any EasyApps applications that are installed through the cPanel control panel interface are installed as directed.
NWBD installed and provides special file-servers in our network infrastructure for YOUR benefit as a means of storage for electronic files and applications that are not dynamically generated and is downloadable in nature. Files such as MP3, AVI, MID, MIDI, MPG, MPEG, MOV, ZIP, RAR, EXE and anything else we deemed as downloadable and not dynamically generated scripting languages are to be stored within these file-servers, away from the web-servers. This Policy does not apply for image files formats such as JPG, JPEG, GIF, PNG, and BMP. In addition, all electronic files stored within NWBD’s file-servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion without any further notifications. File-servers will not be backed up. YOU are advised to have YOUR own backup locally or elsewhere other than within the NWBD’s servers. If YOU are found to not adhere to this Policy, the offending material(s) will be deleted from YOUR hosting account without any prior notice. This service is only available for NWBD’s SHARED-HOSTING customers.
SMTP MAIL SERVER ABUSE
We do not allow YOU to send outbound mail in excess of 300 emails/hour per day from a shared hosting account with a maximum filesize of 20MB per email message. If YOU violate NWBD policies persistently in email activities, YOUR account will be suspended and deleted. Website Blueprints will only allow up to 300 emails/hour to deliver Opt-In emails from our servers. All email/newsletter/mailing-list sending/deliver settings must not be set above this to ensure proper delivery of emails and prevent your website being flagged by our servers as sending spam.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through NWBD’s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use NWBD or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the NWBD network. If YOU use a domain name in connection with NWBD or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
NWBD has taken steps to ensure that all transaction via our website is 100% Secure. Our Security Certificate is installed and maintain with an Industry standard 2048 bit digital signature with 99.9% browser recognition for our entire website located at: https://www.nwbd.org. Customers may not use the NWBD network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. NWBD will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation: (a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products, (b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and (c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from. YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information. In the event that NWBD develop an eCommerce website for YOU, NWBD will only ensure that the website is functional and operational from a development standpoint. NWBD will not be responsible for any product or service fullfilments or deliveries for YOU.
STATIC & DYNAMIC CONTENT CACHING
YOU expressly (i) grant to NWBD a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by NWBD under this Agreement and
(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party’s intellectual property rights.
IP ADDRESS OWNERSHIP
NWBD shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by NWBD. NWBD reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
DOMAIN NAME REGISTRATION
YOU agree to pay NWBD prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the NWBD price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. NWBD reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from NWBD to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by NWBD) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to NWBD as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. NWBD will reinstate YOUR domain name registration solely at NWBD discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. Transfer domain registrar to NWBD YOU agrees to pay NWBD prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the NWBD price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
⦁ No response from the Registered Name Holder or Administrative Contact
⦁ Domain name in Registrar Lock Status
⦁ Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer NWBD reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from NWBD to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by NWBD) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to NWBD as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. NWBD will reinstate YOUR domain name registration solely at NWBD discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. Transfer domain registrar away from NWBD.
NWBD reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
⦁ No response from the Registered Name Holder or Administrative Contact
⦁ Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
⦁ Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and NWBD will not be held liable for the failure of a domain name transfer for any reason.
FREE DOMAIN NAME REGESTRATION
During special times throughout the year, NWBD offers Free Domain Name Registrations for new accounts only. All Free Domain Name registrations must be hosted by NWBD on our servers. All domain name registrations will receive FREE Domain Name Privacy service for the Whois directory listing. NWBD contact information will be shown as registrant and adminstrator for all domain names reserved under this program/plan. All domain names registered under this program/plan will receive free renewals as long as YOU are a continued customer with an active website hosting account under which the domain name was originally registered and setup on our servers. In the event YOU no longer decide to use NWBD services for your website hosting, YOU may request a transfer to your new web host of the domain name used for your free domain name account. NWBD will impose a one-time domain name release fee of ninety-nine dollars to release your domain name. This program/plan is subject to change without notice at any time as deemed necessary by NWBD Management.
BUSINESS PROFILE UPDATES
NWBD offers updates to its new and existing customers only. NWBD charges a fee of $50 for all profile updates that are done by us. The definition of an update consist of up to 1 hour of edits/additions to existing content or profile website pages only. All Shopping carts items are billed and charged at a rate of $20 fee for each item added or updated in your shopping cart store that we add for you.
NWBD reserves the right to refuse service to anyone. YOU may only use NWBD server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: “Pirated Warez”, OGG, AVI, MPEG, ISO, “Hacker programs or archives”, “Copyrighted Digital Movie Copies (DIVX)” and “Unlicensed MP3”. The designation of any materials as such described above is left entirely to the discretion of NWBD. If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that NWBD may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification. Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Fremont, California, and any dispute will be litigated or arbitrated in Fremont, California. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. IN NO EVENT SHALL NWBD’s MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD NWBD HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST NWBD, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NWBD AGAINST LIABILITIES ARISING OUT OF: (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH NWBD’S SERVER. (2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM NWBD’S SERVER.
NWBD WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. NWBD MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. NWBD DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY NWBD AND ITS EMPLOYEES. NWBD RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF NWBD MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELLATION.
Your use, sign-up and registration of NWBD services constitutes an acceptance of the terms of service stated above. You expressly agree to abide by all guidelines, agreements, policies and procedures as stated above. If you do not agree with any of the information stated in this terms of service agreement, please do not use our products and/or services. If you need assistance with anything stated in these terms of agreement, please send all inquiries to us via our online contact form at https://www.nwbd.org