By signing up as an affiliate with Ingwe Solutions Ltd. - Trading as -
Design Own Web.com, you agree to the following Terms of Service.
This agreement is by and between Design Own Web and/or their
assigns and all subscribers. Unless the context requires otherwise,
Design Own Web and/or their assigns shall be referred to as "us,
we, or our" and you shall be referred to as "you,
your or subscriber."
You understand that Design Own Web and/or their assigns does
not guarantee or predict any type of profit or response from said
services. Subscriber agrees to hold Design Own Web harmless
from and against any and all losses, claims, expenses, suits,
damages, costs, demands or liabilities, joint or several, of whatever
kind or nature which Design Own Web and/or their assigns may
become subject arising out of or relating in any way to the use of
the services provided under this agreement, including, without
limitation, in each case attorneys' fees, costs and expenses actually
incurred in defending against or enforcing any such losses, claims,
expenses, suits, damages or liabilities.
A. Services to be Provided. We agree to pay you certain
commissions as described on our website for referral sales made
by customers.
B. Termination. We may terminate your account:
(a) if you violate our Terms Of Service Policy; (b) promote
Design Own Web in a manner that is unethical or inappropriate; or
(c) for any reason, in our sole discretion.
C. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY
KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE
SERVICE Design Own Web, ITS SUBCONTRACTORS AND
AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF
THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be
liable for any damages suffered by you, whether indirect, special,
incidental, exemplary, or consequential, including, by not limited to,
loss of data or service interruptions, regardless of cause or fault.
We are not responsible for your lost profits or for your loss of data
or information. If notwithstanding this clause we are held liable to
you.
D. TERMS. You agree: (1) to use our system in a manner that is
ethical and in conformity with community standards; (2) to respect
the privacy of other users (you shall not intentionally seek data or
passwords belonging to other users, nor will you modify files or
represent yourself as another user unless explicitly authorized to do
so by that user); (3) to respect the legal protection provided by
copyright law, trade secret law, or other laws protecting intellectual
property. 4) to accept commercial emails from us.
If we learn of a violation or likely violation of our TERMS OF
SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a
serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to
inform you prior to account termination, and to re-establish your
account upon receiving such representations from you as we deem
appropriate in the circumstances.
YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND
WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART
OF ANY BULK EMAIL CAMPAIGN. You may also be subject to
fines and legal actions as a result of your bulk email promotion.
E. Assignment. This agreement is personal to you. You may not
assign your rights under this agreement without our prior written
consent. If you do assign your rights, as would be the case were
someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this
agreement at any time.
F. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Use of our
servers by you after said changes constitutes acceptance of those
new terms and conditions. If you do not agree to the new terms and
conditions, you may terminate this agreement in accordance with
Section B.
G. Notification of Account Changes. You agree to provide us with
such other information relating to your use of this service as we
deem necessary or desirable. You agree to notify us if your
address, email address, telephone number, billing information
changes.
H. Notices. All notices, requests, demands, and other
communications under this agreement shall be in writing and shall
be deemed to have been given on the date of delivery: if delivered
personally to the party to whom notice is to be given; if sent by
electronic mail with a cc: to sender; if sent by fax; or on the third
day after mailing by first class mail.
I. General Provisions. The subject headings of the articles and
sections are for convenience only, and shall not affect the
construction or interpretation of any of its provisions. If any portion
of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in
force. This agreement constitutes the entire agreement between us
pertaining to its subject matter and supersedes all of our prior
agreements, representations, and understandings. Subject to
Section I, no supplement, modification, or amendment of this
agreement shall be binding unless executed in writing by both
parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No
waiver shall be binding unless executed in writing by the party
making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which
together shall constitute one and the same instrument. If an
organization is the subscriber, the individual signing up for our
services represents that he or she is duly authorized to enter into
this agreement on behalf of that organization. In the event of a
dispute, the parties agree to submit the matter to the Community
Dispute Resolution Service or any recognized Arbitration Board
located within our state and county, before instituting litigation.
