Terms and Conditions
All the products and services offered by Reason4web are administered by a Terms & Conditions of Service agreement. Babylon Software Solution and any of its customers are subjected to the duties and responsibilities of these Terms & Conditions. Please make sure to read and understand the Terms & Conditions before use of any Reason4web product or service.
THESE ARE THE TERMS AND CONDITIONS APPLICABLE TO THE PURCHASE AND SALE OF WEBSITE RELATED SERVICES AMONG YOU as a customer AND Babylon Software Solution. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, please do not proceed with your order or purchase of our products. By proceeding and placing your order INDICATEs THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AND AGREE TO BE BOUND BY THEM.
If you do not agree to our terms and conditions YOU MAY ELECT TO PURCHASE SERVICES FROM our PARTNERS OR OTHER THIRD PARTIES, WHICH HAVE THEIR OWN TERMS AND CONDITIONS AGREEMENTS ACCEPTABLE to you, ASIDE FROM THIS AGREEMENT. THOSE AGREEMENTS SHOULD BE PRESENTED TO YOU AT THE TIME OF PURCHASE OR ACCOUNT LOGIN, AND IT IS YOUR OBLIGATION TO REVIEW, ACCEPT AND ABIDE BY THOSE AGREEMENTS AS WELL AS THIS AGREEMENT.
1. Customer should pay Reason4web the Services provided. If Customer exceeds stated limits for any part of the Services, additional fees may apply based on posted rates. All rates are stated net of all applicable federal, state, and local taxes. On any amounts not paid when due, Customer agrees to pay interest at the rate of 18% or, if such rate is in excess of the rate allowed by law, then Customer agrees to pay the highest rate allowed by law. In addition, Customer agrees to pay all costs of collection, including costs of litigation and reasonable attorneys' fees. Customer agrees to execute financing statements and other instruments at Reason4web’s request. A $20 (Fifteen U.S. Dollars) fee will be assessed for the following reasons: (1) late payment, (2) payment with insufficient funds, (3) denied or invalid credit card number, or (4) restart of Service terminated for nonpayment.
2. Customer should be responsible for the following:
a. Providing Babylon Software Solution with all necessary information, data, text, music, sound, images, photographs, graphics, video, messages, tags and custom images and other materials in connection with development of the Website other than that which is supplied by Reason4web.com.
b. Contacting Babylon Software Solution for all changes, modifications, and enhancements to the Website and/or Services starting from the date of sale.
c. Contacting Babylon Software Solution with notice of Customer's decision to cancel or discontinue the Services starting from the date of sale.
d. Obtaining Internet connectivity to access the Website, to send and receive e-mail, and to otherwise access and utilize the Internet.
e. To the extent Customer gathers any personal information about visitors to the Website, Customer will not share that personal information with any third party without first obtaining a visitor’s consent.
f. Providing current and updated contact information (including e-mail address and fax number) for Reason4web’s use in contacting Customer concerning the Website.
g. Customer represents to Reason4web that Customer is at least eighteen years old and is responsible for supervising the activities of any under-age user.
h. Ensuring that the Website content provided by Customer does not infringe or violate the Intellectual Property rights (including, but not limited to, trademarks, trade names, copyrights, patents, domain registration rights, and trade secrets) or any other right of any third party (including, but not limited to, rights of privacy and contractual rights), and acquiring any authorization(s) necessary to use intellectual property or other proprietary information of third parties.
i. Ensuring the accuracy of materials provided to Reason4web, including, without limitation, website content, descriptive claims, warranties, guarantees, nature of business, and contact information for the Customer.
3. Customer understands that any fees and annual or monthly charges are nonrefundable.
4. Service commencement is initiated on the basis of recorded order verification and begins on the date that the Website is up and available on the Internet. This is the site "origination date" or “active date.” Upon cancellation, Customer will receive a final bill reflecting the balance due for any remaining charges. Customer agrees to pay all fees incurred by Customer and billed to Customer via credit card, direct billing and/or third party billing arrangement. Direct billing is due upon receipt of invoice. Reason4web reserves the right to adjust its hosting fees from time to time without prior notice to Customer.
5. Customer will use the Services in a manner which does not interfere with or disrupt other network users, services, or equipment, and Babylon Software Solution reserves the right to terminate or suspend Services without notice if such interference is determined by Reason4web to exist. Such interference or disruption includes, but is not limited to:
i. wide-scale distribution of messages, including bulk e-mail or unsolicited spam e-mail, or wide-scale distribution of messages to inappropriate mailing lists, newsgroups, or other public or private forums,
ii. propagation of computer worms or viruses, and
iii. use of the network to make unauthorized entry to other computational, information, or communications devices or resources- This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.
6. Babylon Software Solution reserves the right to deny, terminate, or suspend Services without notice if, in Reason4web sole discretion, the Services is used by Customer in a manner that violates or may violate the following standards, and Reason4web reserves the right to reject, alter, modify, or remove the Website, Website domain name, URL address, or any Website content (including, but not limited to, any language, words, text, photographs, designs, drawings, graphics, images, symbols, or logos) which Reason4web in its sole discretion deems to be:
a. An infringement on or a mechanism designed to facilitate the infringement of a propriety interest of any third party, including without limitation, any copyright, trademark, domain registration right, trade secret, or patent right. By using the Service, Customer represents and warrants that any name or word submitted to be used as all or part of the URL associated with the Website does not infringe any trademark or domain name rights of any third party. Moreover, Customer warrants that it has a present good faith intention to use the URL it requests in connection with a commercial or personal endeavor and that it is not merely "cybersquatting," i.e., obtaining the URL merely to attempt to sell the rights to the URL or subdomain to some third party.
b. In violation of any federal, state, county, and municipal laws, regulations, governmental agency orders, and court orders.
c. Offensive, including without limitation, bigotry, racism, discrimination, hatred, or profanity; is disparaging, defamatory, libelous, or results in an invasion of privacy; promotes or provides instructional information about illegal activities or physical harm or injury to any group, individual, institution or property; or infringes on a proprietary interest of any third party, including without limitation, any copyright, trademark, domain registration right, trade secret or patent right; or may violate any federal, state, county, and municipal laws, regulations, governmental agency orders, and court orders; or
d. States or implies that the Website is placed by Reason4web or any party with a contractual relationship with Reason4web, or that such parties endorse the Customer’s products or services.
e. Pornographic or obscene. Reason4web neither sanctions nor permits hosted site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity. Reason4web reserves the right to immediately suspend or terminate any site or transmission that violates this policy, without prior notice. In the event of such termination, Customer agrees that the unused portion of any fees Customer may have paid for any Services rendered to Customer by Reason4web are an appropriate recompense to Reason4web for the time required to respond to and address issues created by Customer's illegal or obscene site/content, and Customer agrees not to seek recovery of those fees. Further, should Customer violate this policy, Reason4web will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, the Website, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.
f. Violent or encouraging violence.
g. Disparaging, defamatory, libelous, or resulting in an invasion of privacy.
h. Promotion or providing of instructional information about illegal activities or physical harm or injury to any group, individual, institution or property, or encouraging illegal or criminal conduct.
i. Promotion or facilitation of, or engaging in, consumer deception or fraud, drug use, drug dealing, pyramid schemes, gambling, or any other illegal activities.
j. Intentional holding of Reason4web (including its affiliates) or their employees or stockholders up to public scorn, ridicule, or defamation.
7. Babylon Software Solution’s entire liability and Customer's exclusive remedy against Babylon Software Solution for any failure of service under this Agreement, or the performance or nonperformance of any obligation under this Agreement, should be limited to a refund of amounts paid to Babylon Software Solution during the period of time that the Services contracted for were interrupted or not provided properly or continuously. The entire liability of Babylon Software Solution and Customer’s exclusive remedy against Reaon4web for errors in the Website (other than those errors caused by Customer) shall be the correction of such errors upon notice from Customer. EXCEPT AS EXPRESSLY STATED HEREIN, CUSTOMER’S USE OF THE SERVICE IS AT ITS OWN RISK AND Reaon4web DISCLAIMS ANY AND ALL WARRANTIES TO CUSTOMER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Reaon4web DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. Reaon4web disclaims and shall not be liable for any other loss, injury, cost or damage suffered by Customer or any third party and should in no event be liable for consequential, special, or indirect or incidental damages, including without limitation, damages for loss of business profits, business interruption, or loss of data, arising out of or in any way connected with the use of the Website and any information available on it, and the delay or inability to use the site or any information, even if Reaon4web has been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
8. Babylon Software Solution will not be liable to any third parties for any direct, incidental, or consequential losses or damages suffered by such third parties for any reason, whether foreseeable or not, including, without limitation, damages for loss of profits, loss of income or earnings, loss of business opportunities, injury, or other loss or damage resulting directly or indirectly out of or in connection with the Service, or through use of the Website. The foregoing should apply despite any negligence, misconduct, errors, or omissions by Reason4web, including without limitation its employees, representatives, agents, or technical operations. Customer assumes sole responsibility for:
a. acquiring any authorization(s) necessary to use intellectual property (including, but not limited to, copyrights and trademarks) or information of third parties;
b. acquiring any authorization(s) necessary for hypertext links to third party websites;
c. the accuracy of materials provided to Reason4web, including, without limitation, website content, descriptive claims, warranties, guarantees, nature of business, and contact information for the Customer; and
d. ensuring that the Website content provided by Customer does not infringe or violate the intellectual property rights or any other right of any third party. Reason4web should have no liability and shall be held harmless for any content provided by Customer that infringes or violates any rights of third parties, including, without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets, and/or licenses. Reason4web disclaims any responsibility for any content, goods, and services available through the Website, or the quality or accuracy of any information in the Website. Babylon Software Solution will not endorse, warrant, or guarantee any product or service offered through the Website, and will not be a party to or in any way monitor any transaction between Customer and third-party purchasers of products or services resulting from the Services or use of the Website, including, without limitation, all sales of goods or services, credit card transactions, banking or securities transactions, or any business, service, or merchandise agreements.
9. Customer agrees to defend, indemnify, and hold harmless Reason4web and each of Reason4web officers, directors, employees, agents, and affiliates from, against, and in respect of: (i) any and all losses, damages or deficiencies resulting from any third party claim against Reason4web in connection with the Website (including, but not limited to, website content) or the URL (ii) any and all losses, costs (including reasonable attorney’s fees), expenses, damages, assessments, or judgments (collectively, “Liabilities”), resulting from any claim against any of such parties in connection with the Website, (iii) any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content and (iv) all costs and expenses incident to any and all actions, suits, proceedings, claims, demands, assessments, or judgments in respect thereof regardless of the merit thereof, including Reason4web‘s reasonable legal fees and expenses
10. Babylon Software Solution reserves the right to suspend or terminate Service with or without notice to Customer if Reason4web determines, in its sole discretion that Customer has failed to comply with its obligations as set forth in this Agreement.
11. Any failure by Babylon Software Solution to enforce any of its rights under this Agreement or any applicable laws should not constitute a waiver of such right. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, Customer, Rason4web the court should endeavor to give effect to the intent reflected in that provision, and the remaining provisions should retain their full force and effect.
12. This Agreement constitutes the entire agreement of the parties relative to its subject matter. Customer may not waive, modify or supplement, this Agreement in whole or in part, except for written permission or amendment by Babylon Software Solution. Babylon Software Solution reserves the right to unilaterally modify and revise the Terms and Conditions of this Agreement from time to time. Such modifications or revisions should be provided to Customer, and Customer should be deemed to have accepted, and to be apprised of and bound by, any such modifications or revisions to the Terms and Conditions, and may only reject such modifications or revisions by canceling the Service.
13. Notice to Customer should be deemed effective when a) sent via e-mail to the last known Customer contact e-mail address, or if none, to the last known Customer fax number, or if none, when deposited in first-class U.S. mail with sufficient postage attached addressed to the last known Customer mailing address.