THIS AGREEMENT is made and entered between
Webbgates International, and you, the User, who wishes to use the Services
of Webbgates International in accordance with Webbgates International's policies, forms,
worksheets, telephonic conversations, facsimiles, and standard
application(s) which are available at http://www.Webbgates.com
and its various subdirectories, and/or available by written
request.
Service Description
As a World Wide Web, Information Technology and
Web Design Service Provider, Webbgates International provides through
it or its affiliates Internet web hosting, ecommerce, domain
registration and associated services, hereafter referred
to as the ("Service") and maintains a network
of dedicated server computers, routers, hubs, switches,
other equipment and software (collectively, the "Network")
located in Texas which is integrated with the Internet.
This Network sends and receives data and information in
relationship to the World Wide Web.
Customer wishes to connect to the World Wide Web utilizing
the hardware and software resources of Webbgates International to establish
an Internet web presence using Webbgates International Network and Services.
User agrees that content and information contained in the
Webbgates International web site, documentation, and services are protected
by proprietary rights and laws. User shall not copy, reproduce
and/or distribute any content and/or information without
express written authorization by Webbgates International.
Webbgates International is not responsible for any loss of data or business
resulting from system or network breakdown or outage or
any other reason.
Warranty
Webbgates International does not warrant that the functions contained
in these web pages or the Internet website will meet the
client's requirements or that the operation of the web pages
will be uninterrupted or error-free.
Webbgates International provides no warranty with respect to any goods
or services purchased or obtained through or from individual
web sites or any transactions entered into through such
web sites.
Limitation of liability
User agrees that Webbgates International shall not be liable for any direct,
indirect, incidental, special or consequential damages,
resulting from the use or the inability to use any of the
web pages or website, even if Webbgates International has been advised
of the possibility of such damages.
User further agrees that Webbgates International shall not be held liable
for any damages arising from, the interruption, suspension
or termination of service, including but not limited to
direct, indirect, incidental, special consequential or exemplary
damages, whether such interruption, suspension or termination
was justified or not, negligent or intentional, inadvertent
or advertent.
If any provision of this agreement
shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from this
agreement and shall not affect the validity and enforceability
of any remaining provisions.
Indemnify
User agrees to indemnify and hold harmless the
officers, employees and affiliated entities for any loss,
claim, liability and/or monetary damages (including reasonable
attorney's fees) arising from the use of the Webbgates International web
site, products or services.
Webbgates International Rights
Webbgates International reserves the right to refuse any and
all future use of its services by User, If any information
provided by user is untrue, misleading, inaccurate or in
any other way false or offensive.
Webbgates International reserves the right
To deny or terminate service to anyone for any
or no reason, remove any Web site, Web page and/or listing
at any time at its sole discretion. To modify, change or
discontinue the service with or without notice to User.
User expressly agrees that use of any of the Webbgates International
web site or any service is at user's sole risk and that
the service is provided on an "as is" basis.
The laws of the Republic of Singapore shall be the choice of law
for any issue arising out of this agreement or any other
agreement that I have made with Webbgates International. I have read and
understand the disclaimer and terms of use and hereby agree
to be bound by all of its terms.
Revision 1.0
Disclaimer: Webbgates International reserves the right to modify
this online agreement at any time before being signed as
an agreement between Webbgates International and the Client.
THE ENTIRE RISK ARISING OUT OF THE
USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES
OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE
USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH
YOU. IN NO EVENT SHALL WEBBGATES INTERNATIONAL OR WEBBGATES.COM
OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS)
ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY
TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL
DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE Webbgates.com
SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH
THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
Webbgates.com SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE EVEN IF Webbgates.com HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING ELSE IN THESE TERMS OF USE OR POSTED ON THE
SITE, THE MAXIMUM LIABILITY THAT WEBBGATES INTERNATIONAL SHALL
HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO Webbgates International
BY END USER. END USER ASSUMES ALL RISK OF LOSS
FOR SHIPPED PRODUCTS. ORDER INFORMATION SUCH AS BILLING
OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE
MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY
OF WEBBGATES INTERNATIONAL. YOU ACKNOWLEDGE AND AGREE THAT THE
LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND
LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE
ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN
THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS
OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN
THE PARTIES.