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Web Store Terms of Use
 

1. Agreement

1.1 The service is provided by WORLDDO ("Worlddo"), and the use of and the services provided therein ("Service") is governed by the following Terms and Conditions of Use.

1.2 Any person accessing Worlddo Shared Hosting services and accessing this site ("Client" or "the User") agrees to follow and be bound by the terms and conditions contained in this Agreement.

1.3 Worlddo may amend this Agreement at any time by posting the amended Agreement on its web site and the effective date on which the amended Agreement is so posted. Without limiting the generality or effect of the foregoing, Worlddo may also add, delete or modify some or all of its Services at any time in its sole discretion.

2. Service

2.1 Worlddo agrees to provide Client with:
(i) space on one of Worlddo servers (‘Virtual Server”) to host a site on the Internet (“Web Site”),
(ii) install Worlddo software,
(iii) one user licence to use any Worlddo proprietary software,
(iv) ability to sell up to 10 products with the free Worlddo version on a 5MB hosting account
(v) various other services to facilitate the maintenance of the Web Site (collectively, “Services”) as more specifically set forth in this Agreement.

2.2 User licenses for Worlddo software are not transferrable, and the Client does not own the software but leases it instead.

2.3 Worlddo shall provide the Services so that the Web Site is accessible to third parties via the World Wide Web portion of the Internet as specified herein.

3. Responsibilities

3.1 Worlddo shall be responsible for:
(i) the installation of Worlddo software on the Client's hosting account
(ii) patch upgrades to the Worlddo software, provided that the files upgraded are in the same position as originally installed
(iii) server maintenance

3.2 Client is responsible for:
(i) maintaining its own Internet access and all necessary telecommunications equipment, software and other materials at Client's facilities necessary for its end user's to access its information and materials through the Service. Changes in contact personnel will be promptly communicated to Worlddo in writing (including notices by electronic mail sent to the appropriate contact).
(ii) maintaining any customizations, modifications and modules made to the Worlddo software by the Client.
(iii) ensuring a current copy of ALL DATA CONTENT and/or Web Site is located at Client's premises.

3.3 Worlddo reserves the right, in its sole discretion, to exclude or remove immediately any hosting account and any and all data contained therein from Worlddo servers for any of the following reasons:
(i) Client's use of the service, CGI scripts or programs consume an unreasonable amount of Central processing Unit (“CPU”) usage, Random Access memory (“RAM”), Network Bandwidth or Disk Input/Output Activity (“Disk I/O”)
(ii) Worlddo has received a significant number of complaints regarding Clients failure to be reasonably accessible to Clients customers or timely fill orders
(iii) Client has become the subject of a government complaint or investigation
(iv) spamming complaints
(v) any other reason which may violate or infringe Worlddo, any law or third party rights, or
(vii) other action which may potentially expose Worlddo to criminal liability or public ridicule.

3.4 Client acknowledges that maintenance must be performed from time to time. Worlddo will attempt to perform all scheduled maintenance at times which will affect the least amount of customers, and Worlddo may provide reasonable notice to Client’s prior to maintenance being performed.

3.5 Client acknowledges Worlddo uses Name Based Hosting in compliance with APNIC standards and hence customer is not able to receive unique IP addresses. Worlddo reserves the right to renumber its network and cannot guarantee continuity of initial IP address assigned nor be responsible for any dependencies. Worlddo will provide reasonable notice should renumbering occur.

3.6 Client acknowledges Worlddo reserves the right not to install any third party software on its servers including but not limited to COM Objects, PHP Modules and other 3rd party binaries.

3.7 Email facilities provided with shared hosting products are not deemed enterprise level solutions. As such, Worlddo mail servers reject email messages exceeding 3MB in size.

3.8 Spamming is strictly prohibited and not allowed under any circumstances, and may incur termination of this agreement by Worlddo in accordance with paragraph 3.2 above.

4. Fees

4.1 Client shall pay Worlddo fees for upgrades of services as required and stipulated from time to time on the Worlddo Web Site.

4.2 Failure to pay any fees on or before the due date shall be deemed a material breach of this Agreement, justifying suspension of the performance of the Services by Worlddo, the immediate removal and deletion of all Client Content from the Virtual Server and will be sufficient cause for immediate termination of this agreement by Worlddo. Any such suspension does not relieve Client from paying past due fees plus interest thereon at the rate of 10% per month or the maximum allowable rate under applicable law, and in the event of collection enforcement, Client shall be liable for any costs associated with such collection, including but not limited to, legal costs, court costs and collection agency fees.
4.3 In the event of termination under this section, Client shall not be entitled to a refund of any fees paid for the current Term(s) of all services.

5. Term, Termination and Renewal

5.1 Upon acceptance by Worlddo, this Agreement shall remain in effect unless otherwise terminated in accordance with this Agreement.

5.2 Except as otherwise provided herein, the Client may terminate this Agreement immediately for any reason.

5.3 In the event of termination under this section, Client shall not be entitled to a refund of any fees paid for the current Term(s) of all services.

6. Warranty, Disclaimer, Limitation on Liability & Indemnity

6.1 Warranty Disclaimer. EXEPT FOR THE LIMITED WARRENTT SET FORTH IN SECTION 6, Worlddo MAKES NO WARRANTIES HEREUNDER, AND Worlddo EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Worlddo AGENTS HAVE NO AUTHORITY TO GIVE SUCH WARRANTIES ON BEHALF OF Worlddo.

6.2 Limitation on Liability. IN NO EVENT SHALL Worlddo BE LIABLE TO CLIENT FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICES PROVIDED BY Worlddo, INCLUDING WITHOUT LIMITATION, RELATED TO THE PERFORMANCE OR BREACH THEREOF, EVEN IF Worlddo HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. Worlddo LIABILITY, IF ANY, TO CLIENT HEREUNDER SHALL IN NO EVENT EXCEED THE TOTAL AFTER TAX PROFITS OF Worlddo UNDER THIS AGREEMENT.

IN NO EVENT SHALL Worlddo BE LIABLE TO CLIENT OR TO CUSTOMERS OF CLIENT FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAILURE OR DELAY OF Worlddo IN THE DELIVERY OF THE SERVICES UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, DELAYS CAUSED BY ACTS OF GOD, FIRE, WAR, RIOTS OR STRIKES.

6.3 Indemnity. Client agrees to indemnify, defend and hold harmless Worlddo, its directors, officers, employees and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability.

7. Miscellaneous Provisions

7.1 Worlddo may refer to the name of the Client, the Clients product(s) or the business in which the product(s) are used in their customer listings, on their web site, in a customer profile, or in a press release, without the consent of Client.

7.2 This Agreement shall be governed by and shall be interpreted and enforced in accordance with the laws of Queensland, Australia. The parties agree that the sole and exclusive venue for any disputes arising hereunder shall be in a state a court located in Queensland, Australia.

7.3 All content on the Worlddo Web Site including the Worlddo software, is subject to and protected by the Copyright Act as amended and all rights are reserved by Worlddo.

7.4 All provisions of this Agreement shall be severable and no provision shall be affected by the invalidity of any other provision and in the event that some provision is construed as illegal, invalid, void or unenforceable the remaining provisions of this Agreement shall not be affected thereby and shall be interpreted and enforced as if such illegal, invalid, void or unenforceable provisions were not ever incorporated in this Agreement.

7.5 Client may not assign its rights and obligations under this Agreement without written consent from Worlddo.

 


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