2. Webzilla Products and Services
In no event shall Webzilla be liable to you for (i) any loss of profits, contracts or goodwill or any type of special, indirect, consequential or economic loss (including loss or damage suffered as a result of an action brought by a third party) caused by or resulting from any use of the Websites, (ii) any damages or losses caused by or resulting from any downloads obtained from the Websites or any use of any hyper-linked websites, (iii) any damages or losses caused by or resulting from the unavailability of the Websites from time to time or from your inability to use or access the Websites, (iv) any damages or losses caused by or resulting from any failure or omission of a Webzilla affiliate in connection with the provision of any of the Webzilla affiliate’s service or products, (v) any damages or losses caused by or resulting from errors in or interruption of the Websites, and (vi) any damages or losses caused by or resulting from any inaccurate, incomplete or unsuitable information and materials found or offered on the Websites.
4. Exclusion of Warranty
Your use of the Websites shall be at your risk and responsibility. Webzilla provides each of the Websites “as is" and “as available” and without any warranty or condition. Without prejudice to the generality of the foregoing, Webzilla does not warrant that the Websites will operate without interruptions, be timely, secure or erro-free, or that the information and materials found or offered on the Websites are accurate, complete or suitable.
Access to and use of certain areas of the Websites are restricted to authorized users only. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Webzilla if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised.
7. Unauthorized Access
You agree (i) not to gain or attempt to gain unauthorized access to any password restricted areas of the Websites or to information contained in such areas of the Websites, (ii) not attempt to evade authentication or security procedures, (iii) not to access or use the Websites in any manner that could damage, disable, overburden, or impair Webzilla’s computer systems or networks, (iv) not to use any robot, spider, scraper or other automated means to access the Websites, and (v) not to assist, encourage or permit any other person to do any of the above things.
If the Websites contain hyperlinks to other third party websites, these links are provided for your convenience only. These hyperlinks will let you leave the Websites. Webzilla has no control over the contents of said third party websites, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
9. Copyrights and Database Rights
The information and materials contained on the Websites are protected by copyright and sui generis database rights. You must not use, copy, modify, transmit, store, publish or distribute the material on the Websites, or create any other material using materials on the Websites, without obtaining the prior written consent of Webzilla.
All trade names, logos, brand identities, slogans, service marks, and trademarks appearing in the Websites, are protected by national, EU and other international laws. You are not entitled to use such marks without the prior written permission of Webzilla.
The Websites, products, technology and processes contained in the Websites may be the subject to patents owned by Webzilla or by third parties. No license is granted in respect of those intellectual property rights other than as explicitly set out in these terms.
12. Applicable Law
If the Customer signed an Internet Master Services Agreement with a Webzilla company then this Agreement will be construed and enforced in accordance with the laws as specified in clause 6.1 of the Internet Master Services Agreement. If the Customer did not sign an Internet Master Services Agreement with a Webzilla Company then this Agreement and each Order Form shall be construed and enforced in accordance with the laws of The Netherlands and Customer hereby consents to the jurisdiction of the courts of Amsterdam, The Netherlands with respect to any dispute, controversy or other matter relating to or arising out of the Agreement or any Order Form.