Web Design Rack

Last updated: June 18, 2010

Welcome to Web Design Rack!

Web Design Rack is a division of Ideation Ventures (Address: 207 Bapson Towers, Thevara, Kochi, Kerala 682015, India).

Web Design Rack offers website development services (the "Services").

This agreement (the "Terms of Service" or "Agreement") sets forth legally binding terms for your use of the Services. By using the Services, you agree to be bound by these Terms of Service, whether you are a "Customer" (which means that you have placed an order on WebDesignRack.com to have a website ("Website") developed), a "Member" (which means that you have registered on WebDesignRack.com), or a "Visitor" (which means that you are visiting WebDesignRack.com). The term "User" refers to a Visitor or a Member or a Customer. By browsing or registering with or placing an order on WebDesignRack.com you are agreeing to these Terms of Service, and these Terms of Service along with any other guidelines we may post from time to time, such as our Privacy Policy (collectively, the "Guidelines") will govern your use of the Services. If you do not agree to these Terms of Service or any of the Guidelines, you must cease use of the Services.

You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are placing an order on or through WebDesignRack.com as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.

1. Eligibility
2. Password
3. Website Content Control and User Data
4. Proprietary Rights to Content
5. Content Posted
6. Web Design Rack Marks; Designs
7. User Support
8. Fees
9. Payments
10. Taxes
11. Web Design Rack Communications
12. Privacy of Your Information
13. Indemnity
14. Disclaimer of Warranties
15. Limitation of Liability
16. Changes to Web Design Rack Services
17. Amendments
18. Term and Termination
19. Effects of Terminating
20. Survival
21. Governing Law and Jurisdiction
22. General

1. Eligibility

Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age and older; and (d) your use of the Services does not violate any applicable law or regulation. Your account and Website (if applicable) may be deleted and your Membership may be terminated without warning, if we suspect that you are under 13 years of age.

2. Password

By becoming a Member or Customer you will also be asked to choose a password for your account. You are solely responsible for maintaining the confidentiality of your password, and fully responsible for all activities that occur under your account. You agree not to use the account, username or password of another User at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorized use of your password or account or any breach of security and understand that we reserve the right to take legal actions against individuals who misuse accounts and memberships on WebDesignRack.com.

3. Website Content Control and User Data

You control the Websites that are created using our Services and Web Design Rack does not claim any ownership rights in any text, files, images, photos, videos, sounds, musical works, comments, recommendations, forums, listings, logos, trademarks, postings, messages, tags, works of authorship, or any other work or authorship added to or submitted with any of the foregoing (collectively, "Content") posted by you or by Visitors or Members of your Websites. Therefore, Web Design Rack takes no responsibility for any Content located in your Website and Web Design Rack has no obligation to monitor such Content or your Website.

4. Proprietary Rights to Content

You represent and warrant that: (i) you own the Content provided or posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.

We always appreciate your feedback or other suggestions you may have about Web Design Rack, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

5. Content Posted

Please choose carefully the content you provide on your Website. You may not use the Services to post, disseminate or communicate any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, content communicated by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Web Design Rack assumes no responsibility or liability for this material.

Web Design Rack assumes no responsibility for monitoring the Services for inappropriate Content or conduct.

You are solely responsible for the Content that you provide or post on or through any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users. Web Design Rack does not endorse and has no control over the Content. Content is not necessarily reviewed by Web Design Rack prior to posting and does not necessarily reflect the opinions or policies of Web Design Rack. Web Design Rack makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to, or receive from, other Users.

6. Web Design Rack Marks; Designs

Web Design Rack trademarks, logos, service marks, images, trade names and other distinctive branding features used in connection with the Services are the trademarks of Web Design Rack and may not be used without permission. Other trademarks that may appear on our Services are the property of their respective owners. For purposes of this Agreement, all designs offered by Web Design Rack are copyrighted material and are considered part of WebDesignRack.com. Such designs are offered for use to Web Design Rack users under a limited license only, and are not offered for sale or unbridled use. Such license limits use of Web Design Rack designs to orders placed with Web Design Rack. Web Design Rack designs may not be used by other service providers.

7. User Support

As a Customer, you are responsible for implementing and maintaining all support for your Website(s), including answering questions from your Members and Visitors. If you are a Customer and have any question with regards to your account or order, please contact us.

8. Fees

Current categories and prices of our Services, which may be provided as a one-time transaction or recurring subscription, are described at WebDesignRack.com. All prices are subject to change from time to time. Web Design Rack may choose to temporarily change the fees for the Services for promotional or new services, and such changes are immediately effective when Web Design Rack posts the temporary promotional event or new service on WebDesignRack.com. The changes shall only apply prospectively to the Services you've purchased. Fees may be quoted in multiple currencies; however that quoted in Indian Rupees is definitive. We reserve the right to quote prices in other currencies at exchange rates that may vary from the commercial rates in effect at the time.

9. Payments

You are responsible for paying all fees and applicable taxes associated with the Services in a timely manner with a valid payment method. You authorize Web Design Rack to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your accounts with Web Design Rack. When you provide a Payment Method to us, you confirm that you are permitted to use that Payment Method. You also authorize us to collect and store it, along with other related transaction information. When you make a purchase, you authorize us (and our designated payment processor) to charge the full amount to the Payment Method you designate for the transaction. Where recurring payments are called for, you agree that Web Design Rack may automatically charge the fee to your Payment Method at the beginning of each recurring period. For example, if you choose a Service with a monthly plan, you will be billed every month on the anniversary date of the date you clicked the "Purchase" button. Additionally, we may offer a pre-pay payment option for payment of Services ("Pre-Payment Plan"). If you opt for a Pre-Payment Plan, your Payment Method will be charged the then-current fee for that Premium Service at the commencement of each renewal period.

You acknowledge and agree that any credit card and related billing and payment information that you provide to Web Design Rack may be shared by Web Design Rack with third parties, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to Web Design Rack and servicing your account.

If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. You agree to pay Web Design Rack all charges incurred under your account for any Paid Service in which you or anyone else who uses your account (including children, family and friends) enroll in accordance with this Agreement and any applicable Services terms. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted, (b) Web Design Rack may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) Web Design Rack reserves the right to either suspend or terminate your Services or your account with Web Design Rack, including removal of your Website. Except as may be set forth herein, any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to Web Design Rack within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.

10. Taxes

You are responsible for paying any governmental taxes imposed on your use of WebDesignRack.com, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to Web Design Rack the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that Web Design Rack is obligated to collect such taxes, the applicable tax will be added to your billing account.

11. Web Design Rack Communications

It is our policy to provide notifications, whether such notifications are required by law or are for Service related purposes, to you via email or, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Web Design Rack in its sole discretion. By providing Web Design Rack your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as updates, user communications, newsletters, changes to features of the Service, or Web Design Rack offers. If you do not want to receive certain email messages, you may opt out by contacting us. Opting out may prevent you from receiving valuable messages regarding updates, improvements, offers, or communications from other Users. Web Design Rack reserves the right to send you notices about your account even if you opt out of all voluntary email notifications.

12. Privacy of Your Information

We care about the privacy of our Users. Click here to view our Privacy Policy. Your information may be stored and processed in any country in which Web Design Rack and its service providers maintain facilities. In this regard, or for purposes of sharing or disclosing data in accordance with this Agreement, Web Design Rack reserves the right to transfer information outside of your country. By using the Services, you consent to any such transfer of information outside of your country.

13. Indemnity

You agree to indemnify, defend, and hold harmless Web Design Rack, its subsidiaries, and affiliates, and their respective officers, agents, co-branders or other partners, employees, and third party Service providers from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to

• any Content you submit, post, transmit, or make available through your Website;
• your use or misuse of the Services;
• your connection to the Services;
• your breach or alleged breach of this Agreement; or
• your violation of any rights (including intellectual property rights) of a third party.

Web Design Rack reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Web Design Rack. Web Design Rack will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

14. Disclaimer of Warranties

YOUR USE OF WEBDESIGNRACK.COM, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. WEBDESIGNRACK.COM, AND ALL WEBSITE CODE, PLATFORM CODE, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEB DESIGN RACK AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.

WEB DESIGN RACK AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT WEBDESIGNRACK.COM, OR ANY WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT WEBDESIGNRACK.COM, OR THE SERVER THAT MAKES WEBDESIGNRACK.COM, AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEBDESIGNRACK MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON YOUR WEBSITE; (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR WEBSITE; OR (C) THE COMPATIBILITY OF YOUR CODE OR ANY OTHER CODE WITH ANY WEB DESIGN RACK TECHNOLOGY.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEB DESIGN RACK OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM WEBDESIGNRACK.COM, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

WEB DESIGN RACK IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER ON WEBDESIGNRACK.COM, PLATFORM, APPLICATIONS OR WEBSITES.

15. Limitation of Liability

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WEB DESIGN RACK OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, BUSINESS OR PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WEB DESIGN RACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE SERVICES, ANY WEBSITE OR PLATFORM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY OF OUR GUIDELINES (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) Rs1000 AND (ii) THE TOTAL AMOUNTS PAID TO WEB DESIGN RACK BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN WEB DESIGN RACK (INCLUDING APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON WEBDESIGNRACK.COM OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

16. Changes to Web Design Rack Services

Web Design Rack reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Web Design Rack Services or any part thereof with or without notice. Web Design Rack will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

17. Amendments

We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.webdesignrack.com or elsewhere on WebDesignRack.com. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of WebDesignRack.com after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing User on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to www.webdesignrack.com or elsewhere on WebDesignRack.com. The revised version will apply to you immediately if you are a User who registers or first uses WebDesignRack.com on or after the posting of the revised version.

18. Term and Termination

This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your account and end your use of WebDesignRack.com at any time and for any or no reason. Web Design Rack has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of WebDesignRack.com, or (ii) remove and discard any Content anywhere on WebDesignRack.com, with or without notice, and with no liability of any kind to you.

If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.

19. Effects of Terminating

Upon deactivating your account, this Agreement terminates and your access rights to WebDesignRack.com. Web Design Rack will not have any obligation to assist you in migrating your data or your Website(s). Note that, even if Content is deleted from your Website's active servers, it may remain in our archives (although we have no obligation to archive or back-up your Content). Web Design Rack will have no obligation to refund any fees paid for Paid Services.

20. Survival

The provisions under the following sections will survive termination of this Agreement for any reason: Sections 2, 3-6, 8-10, 12-15, 18-22.

21. Governing Law and Jurisdiction

This Agreement will be governed by and construed in accordance with the laws of India. In case of any dispute (or) differences between the parties with regards to the terms and conditions of this license (or) any action taken in furtherance of this agreement the courts in Kochi, India alone shall have the jurisdiction to adjudicate upon the same.

22. General

You agree to comply with all policies applicable to Web Design Rack and WebDesignRack.com, and those of our third party Service providers, which policies are either posted on WebDesignRack.com or provided to you by a link in these Terms of Service. In addition, you agree to comply with all applicable laws. The failure of Web Design Rack to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Your accounts are non-transferable. The parties are independent contractors with respect to each other. You may not delegate your duties under this Agreement or assign this Agreement, in whole or in part. Web Design Rack may assign this Agreement in whole or in part in its sole discretion without your consent and without notice. Any unauthorized use of any Web Design Rack computer system is a violation of this Agreement. Such violations may subject you and your agents to civil and criminal penalties. This Agreement, including links to any third party Service provider terms and conditions, constitutes the entire agreement between you and Web Design Rack and governs your use of WebDesignRack.com, superseding any prior agreements (whether written or oral) between you and Web Design Rack regarding the subject matter hereof. The other Users of WebDesignRack.com are intended third party beneficiaries of your obligations under this Agreement. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any "act of God". Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.