Definitions for Purposes of this Agreement, The Following Terms have the meanings specified below:
- “ Agreement ” means each contract created between Weblook International and Customer for the provision of Services consisting of an Order, the applicable Service Description and these Terms of Service.
- “ Customer Content ” means all data, graphics, text, names, marks, logos, hypertext links to other Web sites and other information incorporated in, transmitted through or published or displayed on the Customer Web site.
- “ Customer Web site ” means Customer’s site on the World Wide Web portion of the Internet that Weblook International hosts under this Agreement.
- “ End User ” means any Person who accesses or uses the Customer Web site via the Internet.
- “ Weblook International Technology ” means Weblook International’s proprietary technology, including, without limitation, Weblook International services, software tools, hardware designs, algorithms, software (in source code and object code forms), user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), network designs, know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by Weblook International or licensed to Weblook International from a third party), and also including any derivatives, improvements, enhancements, updates, modifications or extensions of Weblook International Technology conceived, reduced to practice or developed during the term of this Agreement by either party.
- “ Person ” means any individual, partnership, joint venture, corporation, limited liability company , trust, unincorporated association or organization, or government or any agency or political subdivision thereof.
- “ Proprietary Information ” means all technical, business and other information of a party (i) that is not generally known to the public, (ii) that derives value, economic or otherwise, from not being generally known to the public or to other Persons who can obtain value from its disclosure or use, and (iii) which information is subject to efforts that are reasonable under the circumstances to maintain the secrecy thereof.
- “ Order ” means the Order submitted by the Customer to Weblook International for Services, whether such Order is submitted online through Weblook International’s Web site or on a written Order form.
- “ Prepaid Plan ” means Hosting Service provided by Weblook International to Customer where the Order provides that the Customer must pay for the Hosting Service in advance for the Initial Term .“ Non -Prepaid Plan ” means any Hosting Service provided by Weblook International to Customer that is not a Prepaid Plan.
- “ Termination Charge ” means, with respect to Non-Prepaid Customers only, as of any date of calculation, an amount equal to one hundred percent (100%) of the fees that would become due over the balance of the then-current Term.
- “ Terms of Service ” means these Terms of Service, as the same may be modified, altered or amended from time to time by Weblook International.
- “ Service ” means either Hosting Service or Optional Service .“ Hosting Service ” means the Service provided by Weblook International in response to an Order whereby Weblook International provides the Customer with specified connectivity, storage space and bandwith for the hosting of a Customer Web site as more particularly described in the applicable Service Description. “ Optional Service ” means any additional Service (other than Hosting Service) Weblook International may provide in response to an Order, as more particularly described in the applicable Service Description.
- “ Service Description ” means the applicable documents made available by Weblook International to Customer to describe the applicable Services at the time the Order is accepted by Weblook International.
- “ Term ” means the duration of any Agreement between Weblook International and Customer. With respect to Hosting Services, the “ Initial Term ” is the initial term specified in the Order and the Term continues beyond the Initial Term for any renewal period as specified in Section 3.With respect to Optional Services, the “ Term ” begins when Weblook International accepts the Order and ends on the first to occur of (i) Weblook International’s completion of performance, or (ii) the earlier termination of the Order in any manner permitted by these Terms of Service.