By signing up with www.CloudServe.biz, you agree to the following Terms of Service:

This Terms of Service document (this "Agreement") constitutes a legally binding contract between Cloud Serve a division of 3D Virtual Web, Inc. and the person or organization (the "Client") who submits an order for services or who pays for services from (the "Client"). Cloud Serve a division of 3D Virtual Web, Inc. may change this Agreement at any time by posting a revised version of the Agreement on its website and such change will be effective at any time after the Client is advised of the change and continues to use or pay for the Services.

Services

Cloud Serve a division of 3D Virtual Web, Inc. will provide the Services ordered by the Client, subject to all of the terms, conditions and limitations applicable to the Services set forth on the www.CloudServe.biz website. The Client will pay for the Services at the price indicated in the order. Cloud Serve a division of 3D Virtual Web, Inc. may change the prices for the Services at any time and any such change in prices will be effective thirty (30) days after Cloud Serve a division of 3D Virtual Web, Inc. posts the change on its website.

All fees collected under this Agreement are fully earned when due and nonrefundable when paid. All fees due under this Agreement must be paid in United States dollars via credit card or other payment method acceptable to Cloud Serve a division of 3D Virtual Web, Inc.. Client agrees to provide its accurate name, mailing address, telephone and other contact information in Client's profile and to update such contact details as they may change.

Acceptable Use

The Client may use the Services only in accordance with this Agreement, applicable laws in the United States and the applicable laws of any other jurisdiction. Client agrees not to use the Services in any manner that violates the Cloud Serve a division of 3D Virtual Web, Inc. Acceptable Use Policy. In addition, the Client agrees that it will not use the Services to:
  1. Engage in any illegal or tortuous activity;
  2. Violate the patent, copyright, trademark, trade secret or other intellectual property rights of any third party;
  3. Sell or distribute illegal adult oriented content that features nudity, sexual acts or adult-themed material; or
  4. Publish or distribute in any manner any content that is harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable to Cloud Serve a division of 3D Virtual Web, Inc._ in its sole discretion.
No Guarantee of Results

The Client acknowledges that Cloud Serve a division of 3D Virtual Web, Inc. does not guarantee, imply, or predict any type of profit or response from the Services. The Services may be subject to interruptions, loss of data, deletion of data and conditions that prevent the proper operation of the Services resulting from conditions of events outside the reasonable control of Cloud Serve a division of 3D Virtual Web, Inc. and for which VWIPA.com will bear no responsibility. The Client irrevocably covenants, promises and agrees to indemnify Cloud Serve a division of 3D Virtual Web, Inc. and its assigns and to hold them harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature that they may sustain or to which they may become subject arising out of or relating in any way to the use of the Services, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against any such claims or enforcing the prerogatives of Cloud Serve a division of 3D Virtual Web, Inc. under this Agreement.

Use of Client Data

Client agrees that Cloud Serve a division of 3D Virtual Web, Inc. may use data collected from the Client only as permitted by the Cloud Serve a division of 3D Virtual Web, Inc. Privacy Policy and Cloud Serve a division of 3D Virtual Web, Inc. agrees to use such data only as permitted by such Privacy Policy, the terms of which are incorporated herein by this reference as if fully stated herein.

Description of Services

The Services may include any one or more of the following elements, depending upon the package and options selected by the Client during the ordering process:
  1. Virtual World Land Region Sales
  2. Virtual World Advertising
  3. Website Membership
  4. Website Advertising
Affiliate marketing tools and services

Certain of these Services may include additional third-party products or services that require the Client to accept the terms and conditions of the third party or to pay additional fees to such third party. Client agrees that it is wholly responsible for any such third party terms and conditions and third party fees.

Billing Policy

The Services will commence on the date Client's order is accepted by Cloud Serve a division of 3D Virtual Web, Inc. (the "Effective Date") and will continue on the basis of successive monthly billing periods (with the first day of each billing period being a "Billing Date") thereafter until terminated by either party. Cloud Serve a division of 3D Virtual Web, Inc. will charge the Client's credit card on each Billing Date for the billing period beginning on that date. If funds or not available or Cloud Serve a division of 3D Virtual Web, Inc. otherwise is unable to collect any fees when due, Cloud Serve a division of 3D Virtual Web, Inc. may continue to submit charges on Client's credit card from time to time until all fees due are paid. Cloud Serve a division of 3D Virtual Web, Inc. may suspend all or any portion of the Services at any time when fees are due and unpaid.

Any fees due under this Agreement are net of any sales or use taxes, all of which are the sole responsibility of Client. At the end of each monthly agreement you will receive an email notifying you of the automatic renewal of the Cloud Serve a division of 3D Virtual Web, Inc.. Clients who purchase Services with an annual billing arrangement may choose to continue services at that time or you may terminate services at that time. If you choose to renew your annual Cloud Serve a division of 3D Virtual Web, Inc. subscription at that time services your credit card will be charged the advertised rate at that time. If you choose to cancel your subscription your services will be suspended at the end of your annual contract.

Termination

Client may not terminate this Agreement at any time within the billing period. The Client is purchasing a License that can not be re-sold to another client.

Notice

Cloud Serve a division of 3D Virtual Web, Inc. may give notice to Client of any matter under this Agreement (a) orally, by calling Client's representative or by leaving a voicemail for Client's representative at the telephone number in Client's profile, (b) by email to the email address provided by Client in Client's profile, or (c) by regular mail to Client's mailing address in Client's profile. Client may give notice to Cloud Serve a division of 3D Virtual Web, Inc. by regular or certified mail to the following address:
    3D Virtual Web, Inc.
    401 North Congress Ave Suite 1540
    Austin, Texas 78701
    Attn: Legal Department
Miscellaneous
  1. Indemnification.
    Client will indemnify and defend Cloud Serve a division of 3D Virtual Web, Inc. against any third-party claim, action, suit, or proceeding arising out of or relating in any way to any alleged breach of this Agreement by Client. Cloud Serve a division of 3D Virtual Web, Inc. will indemnify and defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of this Agreement by Cloud Serve a division of 3D Virtual Web, Inc. In connection with any request for indemnification under this Agreement, the indemnified party must: (i) give the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii) grant control of the defense and settlement to the indemnifying party; and (iii) reasonably cooperate with the indemnifying party at the indemnifying party's expense.

  2. Limitation of Liability.
    IN NO EVENT WILL THE LIABILITY OF CLOUD SERVE A DIVISION OF 3D VIRTUAL WEB, INC. UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY CLIENT DURING THE TWELVE (12) MONTH PERIOD BEFORE THE DATE ON WHICH SUCH LIABILITY AROSE. IN NO EVENT WILL Cloud Serve a division of 3D Virtual Web, Inc._ BE LIABLE FOR ANY (A) LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGUARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF CLOUD SERVE A DIVISION OF 3D VIRTUAL WEB, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLIENT ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, CLOUD SERVE A DIVISION OF 3D VIRTUAL WEB, INC. WOULD NOT ENTER INTO THIS AGREEMENT.

  3. Miscellaneous.
    This Agreement shall be governed solely by the laws of the State of Cloud Serve a division of 3D Virtual Web, Inc., excluding its principles of conflicts of laws. Any action under or relating to this Agreement shall be brought solely in the state and federal courts located in Cloud Serve a division of 3D Virtual Web, Inc., with sole venue in the courts located in Vigo County Indiana, and each party hereby submits to the personal jurisdiction of such Courts. Each party agrees that its performance under this Agreement shall in all respects conform to all applicable laws, rules, and regulations of the United States governing the export of technical information. Customer may not assign this Agreement without the prior, written permission of Cloud Serve a division of 3D Virtual Web, Inc. Any purported assignment in violation of this will be void and without any effect. This Agreement may not be modified or amended except in writing, signed by both parties. Any purported oral modification or amendment of this Agreement in derogation of the foregoing shall be without any effect. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Services or this Agreement. Neither party may waive any right hereunder except expressly and in writing. This Agreement is the entire agreement between the parties with respect to this subject matter, and it supersedes all prior and contemporaneous discussions, negotiations, communications, and agreements with respect thereto.