


Puerto Rico Market Web Developers, Inc. ("We", "Us" or "Our") provides a platform for internet web hosting services to its subscribers (the "Subscribers" or "you" or "your"). Additionally, We may provide other services involving web site development, internet seo, ecommerce, merchant accounts registration, registration domain, transfer or renewal of domain name among other service required by clients. Your use of all of the services is governed by this Terms of Service (the "Terms of Service") and our Acceptable Use Policy ("AUP") found at botton of the this page.
1.The Services we porvide or service provide by you as a result of any Reselling services program is subject to your satisfaction of our credit approval requirements, We agree to provide the services you ordered (the "Services") by completing and submitting our Services order form (the "Order Form") either in writing, online or verbally. Reselling the Services is strictly prohibited un less there is a Reselling contrac agrement and is a material breach of the Terms of Service and PRMWD.INC Policy.
2. Domain Name Services. If your Order Form provides for Us to register, renew or transfer a domain name ("Domain Name Services"), We will submit the request to (the "Registrar") on your behalf. Our sole responsibility is to submit the request to the Registrar.
Puerto Rico Market Web Developers, Inc.
Terms of Service and Acceptable Use Policy
Hosting / Web Site Development / PRMWD Ecommerce Software / Reseller / Wholesale Service
We are not responsible for any errors, omissions or failures of the Registrar. By ordering Domain Name Services, you are agreeing to the terms posted at http://www.prwmwd.com . You are responsible for closing any account with any prior reseller of Registrar for the requested domain name, and you are responsible for responding to any inquiries sent to you by the Registrar.
3. Term. The initial term of each of your Services shall begin on the date (the "Services
Commencement Date") that We generate an e-
4. Fees
(a) Recurring Fees. The fee for the Services specified in your Order Form(s) is the "Recurring Fee". Beginning on the Services Commencement Date, unless otherwise specified on your Order Form, you agree to pay the Recurring Fee in advance on the first day of each billing cycle (the "Due Date"), without invoice. The billing cycle for Recurring Fees is 30 specified in the Order Form.
(b) Hosting Recurring Fees.
If you use bandwidth or disk space in excess of that provided in your Order Form,
you agree to pay a fee ("Overage Fee") for such excess amounts. We may charge set-
(c) Fee Increases. Recurring Fees may not be increases and Non-
6. Taxes. You agree to pay to Us all sales IVU of Puerto Rico or similar tax imposed on the provision of the Services (but not in the nature of an income tax on Us), regardless of whether We fail to collect the tax at the time the Services are provided.
7. Law/AUP. You agree to use the Services in compliance with applicable law and Our AUP, which is incorporated by reference in the Terms of Service. You agree that We may, in our reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on your use of the Services. Amendments to the AUP are effective on the earlier of Our notice to you that an amendment has been made, or the first day of the next Renewal Term. You agree to cooperate with Our reasonable investigation of any suspected violation of the AUP. In the event of a dispute between the parties regarding interpretation of the AUP, our commercially reasonable interpretation of the AUP shall prevail.
8. Your Information. You represent and warrant to Us that (i) all information you provide for purposes of establishing and maintaining the Services is accurate; (ii) if you are an individual, you are at least eighteen years of age; (iii) you will not use the Services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles in any country listed in Country Groups D:4 and D:3 of Supplement No. 1 to Part 740 of the United States Export Administration Regulations, and (iv) you will not provide access to the Services to any person (including a natural person or government or private entity) located in or a national of any embargoed or highly restricted country under United States Export Regulations, which include as of September, 2005, Cuba, Iran, Libya, North Korea, Sudan or Syria. You agree that We may, without notice and without liability to you report to the appropriate governmental authorities any conduct by you that We reasonably believe violates applicable law, and provide any information that We have about you in response to a formal or informal request from a law enforcement or government agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
9. Indemnification. You agree to indemnify and hold Us harmless, as well as Our affiliates, and each of the respective officers, directors, agents, partners, shareholders and employees of Us and of our affiliates from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements ("Claims") of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to the Services, including without limitation Claims related to Web space content that violates any copyright, trademark or service mark; any proprietary right of any person or entity; and any state and/or federal laws or regulations, including US Export Regulations.
10. Disclaimer of Warranties.
WE MAKE ABSOLUTELY WARRANTIES, RESPECT TO THE HOSTING SERVICES AND ECOMMERCE SOFTWARE.
WE SPECIFICALLY WARRANT OR REPRESENT THAT THE SERVICES WILL BE INTERRUPTED, ERROR-
11. Limitation of Damages.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOST PROFITS OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE TERMS OF SERVICE, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS OF SERVICE, OUR MAXIMUM AGGREGATE LIABILITY, AND THAT OF OUR AFFILIATES, AND EACH OF THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS, SHAREHOLDERS AND EMPLOYEES OF US AND OF OUR AFFILIATES, UNDER ANY THEORY OF LIABILITY (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE SERVICES FOR THE THREE MONTHS PRIOR TO THE OCCURRENCE GIVING RISE TO THE CLAIM.
12. Suspension/Termination.
(a) Suspension of Services. You agree that We may suspend the Services if: (i) We
reasonably believe that the Services are being used in violation of the AUP; (ii)
you fail to cooperate with any reasonable investigation of any suspected violation
of the AUP; (iii) We reasonably believe that suspension of the Services is necessary
to protect Our network or other customers, (iv) as required by a law enforcement
or government agency, or (v) if the Card or E-
(b) Termination by You. The Terms of Service may be terminated by you at any time as long as all Fees then due together with unpaid Recurring Fees for the remainder of the Initial Term or the Renewal Term, as the case may be, are fully paid on the business day following the termination date. No additional penalty will be charge.
(c) Termination by Us. The Terms of Service may be terminated by Us prior to the
expiration of the Initial Term or any Renewal Term without liability as follows:
(i) upon seventy-
13. Intellectual Property Use and Ownership. Neither party shall (i) use the other
party's name, trademarks, trade names or logos in either its own legal name or in
any fictitious or assumed name without the party's consent; (ii) knowingly remove
or alter any logo, trademark, trade name, copyright, or other proprietary notice,
legend, or symbol from any of the other party's products or documentation; or (iii)
take any action, or intentionally omit to take any action that would jeopardize,
limit, or interfere in any manner with the ownership of the other party's products,
services, documentation, or intellectual property. Title to and ownership of all
copies of any products, services, software, documentation, or Internet services developed
by PRMWD.INC or for Us during the any Term, whether in machine-
Website and Programming Develop or Design by PRMWD.INC. PRMWD ecommerce Software© licensee of use is for the exclusive use in PRMWD.INC hosting. Any change of programming or labels and branding are not authorize.
14. Confidential Information. Each party agrees not to disclose or use, and to assure
that their employees and agents do not disclose or use any confidential information
("Confidential Information") of the other party. Our Confidential Information is
Our unpublished prices for the Services, audit and security reports, server configuration
designs, software interfaces and other proprietary technology of PRMWD.INC. Your
Confidential Information is content transmitted to or from, or stored by you on servers
provided as part of the Services and not placed by you in a publicly accessible area.
Confidential Information is also information of a party that is conspicuously marked
as "confidential" or if disclosed in non-
15. Back Up Copy. PRMWD.INC agree to maintain a current copy of all of your content built and develop by Us. You agree to maintain a current copy of all of your content built and or develop by you.
16. Notices. Notices to Us shall be given by means of electronic mail to the e-
17. Force Majeure. We shall not be in default under the Terms of Service if the failure to perform is due to any event beyond Our control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, failure of network providers, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
18. Governing Law/Venue. The Terms of Service shall be governed by the laws of the Common Wealth of Puerto Rico and the State of Texas, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The United Nations Convention on the International Sale of Goods shall have no application to the Terms of Service. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE TERMS OF SERVICE SHALL BE THE STATE AND FEDERAL COURTS IN BEXAR COUNTY, TEXAS, AND EACH PARTY IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.
21. Miscellaneous. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Neither party has the power or authority to bind the other in any agreement and will not represent to any person that it has such power or authority. The Terms of Service may be amended from time to time by Us, in Our discretion. Amendments to the Terms of Service are effective on the earlier of Our notice to you that an amendment has been made, or the first day of the next Renewal Term. Terms of Service as amended are posted at AUP. The terms on any purchase order or other business forms issued by you are not binding on Us. A party's failure or delay in enforcing any provision of the Terms of Service will not be deemed a waiver of that party's rights with respect to that provision or any other provision. A party's waiver of any of its rights under the Terms of Service is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether or not similar in nature. Captions in the Terms of Services are for the convenience of the parties and are not intended for interpretation. The following provisions will survive expiration or termination of the Terms of Service: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination. There are no third party beneficiaries to the Terms of Service. You may not transfer the Terms of Service without our prior written consent. Our approval for any assignment is contingent on the assignee meeting our credit approval criteria. We may assign all or any part of the Terms of Service.
This Terms of Service together with the Order Form and any other sales agreement constitute a legal and binding agreement between you and Us; (ii) are the complete and exclusive agreement between the parties regarding the subject matter; (iii) supersede and replace any prior understanding or communication, whether written or oral, and (iv) do not benefit any other person or entity.
Copyright Infringement Notice (Digital Millennium Copyright Act)
If we believe you move or change any information of system to avoid payments from hosting, or change administracion setting and software liccensy and pattents and the name the Powered by Puerto Rico Market Web Developers, Inc. We contunue to charge and add 100 US for each infringed. If you believe your copyright is being infringed by a person using our Services, please send your written notice of copyright infringement to:
Puerto Rico Market Web Developers, Inc.
1551 Calle Francia Condado San Juan Puerto
Rico 00911
123@prmwd.net
Acceptable Use Policy ("AUP")
Puerto Rico Market Web Developers, Inc. ("We", "Us" or "Our") provides a platform for internet web hosting services to its subscribers (the "Subscribers" or "you" or "your"). Services provided to you by Us ("Services") may be suspended or terminated in accordance with the Terms of Services for violation of Our Acceptable Use Policy ("AUP"). You are responsible for violations of this AUP by you and by anyone using your Services, whether or not authorized by you. We may amend this AUP at any time to further detail or describe reasonable restrictions on your use of its Services. The AUP is posted at http://www.prmwd.com.
Inquiries regarding this AUP should be directed to Puerto Rico Market Web Developers, Inc., 911@prmwd.com.
Content Protected by Copyright
You may not use the Services to publish, distribute, or otherwise copy any music, software, art, or other work protected by copyright law unless you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner or you are otherwise permitted by established United States copyright law to copy the work in that manner. You may not use a domain name that infringes on a third party's trademark, service mark, or other proprietary right.
Prohibited Content
You may not publish or transmit pornography, any content that is excessively violent
or that incites or threatens violence, contains harassing content or hate speech,
is unfair or deceptive such as chain letters and pyramid schemes, is defamatory or
violates a person's privacy, creates a risk to a person's safety or health, compromises
national security, interferes with a investigation by law enforcement, improperly
exposes confidential or proprietary information of another person, is intended to
assist others in defeating technical copyright protections, infringes on another
person's intellectual property, promotes illegal drugs, violates export control laws,
relates to illegal gambling or illegal arms trafficking, is otherwise illegal or
solicits conduct that is illegal under laws applicable to you or to Us, or is otherwise
malicious, fraudulent, or may result in retaliation against Us by offended viewers.
Content "published or transmitted" includes Web content, e-
Linking
You may not use the Services to publish directories, links or other information pointing to sites that contain content prohibited by this AUP.
Resale, Authorized Dealers or Concesionary
You may not resell the Services, either in whole or in part. With out a Contract Agreement sing by to Puerto Rico Market Web Developers.
Excessive Use of System Resources
You may not use the Services in a way that consumes a disproportionate amount of system resources. For example, you may not distribute software to the public, provide a public file download Services or employ programs that consume excessive CPU capacity. We may suspend or terminate your Services for violation of this provision in addition to requiring you to pay Overage Fees as described in the Terms of Service.
Bulk or Commercial E-
You must obtain Our advance approval for any bulk or commercial e-
You may not obscure the source of your e-
These policies apply to messages sent using the Services, or to messages sent from
any network by you or any person on your behalf that directly or indirectly refer
the recipient to a site hosted via the Services. In addition, you may not use a third
party e-
We may test and otherwise monitor your compliance with its requirements, including
requesting opt-
Newsgroup, Chat Forums, Other Media Networks
You must comply with the rules and conventions for postings to any bulletin board,
chat group or other forum in which you participate, such as IRC and USENET groups
including their rules for content and commercial postings. These groups usually prohibit
the posting of off-
You must comply with the rules of any other network you access or participate in using the Services.
Domain Names
We are not responsible for notifying you of any impending domain name expiration
dates. Generally you must submit a renewal request at least 45 days prior to the
expiration of the domain. You must keep your WHOIS information accurate and up-
Internet Abuse
You may not use Our Services to engage in illegal, abusive, or irresponsible behavior,
including: Unauthorized access to or use of data, systems or networks, including
any attempt to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures (including those belonging to Us and our
Subscribers) without express authorization of the owner of the system or network
monitoring data or traffic on any network or system without the authorization of
the owner of the system or network Interference with service to any user, host or
network including, without limitation, mail bombing, flooding, deliberate attempts
to overload a system and broadcast attacks Use of an Internet account or computer
without the owner's authorization, including, but not limited to Internet scanning
(tricking other people into releasing their passwords), password robbery, security
hole scanning, and port scanning; ? Forging of any TCP-
Cooperation with Investigations and Legal Proceedings.
We may, without notice to you, report to the appropriate authorities any conduct by you and your customers that it believes violates applicable law, and provide any information it has about you in response to a formal or informal request from a law enforcement or regulatory agency, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Other
You must have valid and current information on file with your domain name registrar for any domain hosted on Our network. ? Any actions which directly or indirectly result in Our IP space being listed in any of the various abuse databases may result in the immediate suspension or termination of your Services. ? You must use the Services in a manner that complies with applicable law. You may not use the Services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles, in a country listed in Country Groups D:4 and D:3 of Supplement No. 1 to Part 740 of the United States Export Administration Regulations, and you may not provide access to the Services to any person (including any natural person, business entity or government entity) that is located in or is a national of any embargoed country which are, Iran, Libya, North Korea, Sudan or Syria as of September, 2005.
Disclaimer
We are under no duty, and does not by this AUP undertake a duty, to monitor or police your activities and disclaims any responsibility for any misuse of Our Services or network. We have no obligation to any person who has not entered into an agreement for Services.
Puerto Rico Market Web Developers, Inc.
1551 Calle Francia Condado San Juan Puerto
Rico 00911 123@prmwd.net