WebbedSite.com will provide Web site prepackaged design and hosting services for a Client's Web site, as described in WebbedSite.com's Web site, provided Client agrees to compliance with the general rules and guidelines explained herein.
This Agreement assumes that all text content is provided by the Client in electronic format (ms word .doc, on wordpad .txt , e-mail, cd or ftp retrievable), all photographs and other graphics are provided in high quality print suitable for scanning or in electronic .gif, .jpeg, .bmp format.
The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other client supplied material. Client retains the copyright to data, files and graphic logos provided by the Client, and grants WebbedSite.com the rights to publish and use such material.
This Agreement includes graphics and code elements used in the creation of the Client's Web site that is the property of WebbedSite.com and or third parties. Such graphics and code is not owned by that Client and may not be distributed, modified or re-licensed without the express written consent of WebbedSite.com.
WebbedSite.com will provide the Client with an opportunity to review the appearance and content of the Client's Web site and will be deemed to be accepted and approved unless the Client notifies WebbedSite.com via e-mail or internet otherwise within ten days of the date WebbedSite.com provides the Web site for review.
WebbedSite.com shall guarantee a less than 10 days turnaround time for producing a Web site for review from the time that the Client submits all the content input. Except, if WebbedSite.com is running a significant backlog it will be clearly posted on the Order page of WebbedSite.com. If a backlog is posted the backlog time posted should be added to the 10 days to produce the guaranteed turnaround time. If WebbedSite.com does not meet the guaranteed turnaround time the Client may at their option cancel the contract and receive a full refund.
Some of our service offerings involve the installation of 3rd party software. Example of these are Content Management Systems (CMS) and Full Shopping Carts. Webbedsite.com is responsible only for the integration of its designs into these applications. The 3rd party software providers are responsible for any software problems in their code. However if there are any problems encountered Webbedsite.com will make every effort to resolve including installing any available patches.
WebbedSite.com reserves the right to suspend or cancel a client's access to any or all hosting services provided by WebbedSite.com when WebbedSite.com decides that the account has been inappropriately used or otherwise.
WebbedSite.com hosting plans are to be used by the primary owner only. Clients are not permitted to resell, store or give away Web-hosting services of their website to other parties, unless they have prior written permission from WebbedSite.com.
WebbedSite.com reserves the right to refuse service and / or access to its servers to anyone it deems necessary.
We DO NOT allow Internet-Relay-Chat ("IRC") or IRC bots to be operated on our servers.
WebbedSite.com will be the sole arbiter as to what constitutes a violation of this provision.
Resources are defined as CUP utilization and / or resource manipulation.
WebbedSite.com may implement the following policy to its sole discretion:
When a website is found to be monopolizing the resources available, WebbedSite.com reserves the right to suspend or terminate that account immediately.
This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. An agreement is normally reached with a client, allowing them to upgrade their Web hosting plan for an additional fee.
SPAM and Unsolicited Commercial E-mail (UCE): WebbedSite.com takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of WebbedSite.com may not use or permit others to use our network to transact in UCE. Customers of WebbedSite.com may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of WebbedSite.com SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, WebbedSite.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, WebbedSite.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, WebbedSite.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, WebbedSite.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. WebbedSite.com will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $30 and your account will be reviewed for possible immediate termination. A second violation will result in an immediate termination of your account.
All services provided by WebbedSite.com may only be used for lawful purposes. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or local law is prohibited.
This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to WebbedSite.com servers. Links to such materials are also prohibited.
Any illegal activity, including illegal adult content, links to illegal adult content Web sites, spamming, cracking or hacking will result in your site being shut down and all your files deleted without warning.
WebbedSite.com will not be responsible for any damages your business may suffer, be it direct, indirect or consequential. WebbedSite.com makes no warranties of any kind, expressed or implied for services we provide. WebbedSite.com disclaims any warranty or merchantability.
Client agrees to use all WebbedSite.com design and hosting services and facilities at their own risk.
Client agrees that it shall defend, indemnify, save and hold WebbedSite.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against WebbedSite.com, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product/service sold by client, its agents, employees or assigns. client agrees to defend, indemnify and hold harmless WebbedSite.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with WebbedSite.com's servers; (2) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products/services sold to client from WebbedSite.com' server.
All Web development packaged offerings will be prepaid at time of order. Payment terms for custom work will be determined at time of contract.
If payment is more than 30 days late the balance will be charged an
interest rate of 3% per month until account is settled. All hosting accounts are set up on a monthly or yearly prepay basis. WebbedSite.com reserves the right to change prices of accounts or services at any time. Prepayment
for hosting is due every anniversary month following the date the account was established. Clients will automatically be charged at this time unless email cancellation request has been confirmed by WebbedSite.com. Cancellation requests must be sent to email@example.com at least five business days prior to your next billing date.
In situations where the card number on file is declined WebbedSite.com will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, WebbedSite.com reserves the right to suspend other services until the outstanding debt is cleared. The client is responsible for all money owed on the account from the time it was established to the time that the client sends an emailed cancellation request.
All invoices will be sent directly to clients via email shortly after the online purchase has been made. At this point the client's card will be charged automatically.
WebbedSite.com reserves the right to cancel a clients hosting account at any time, if it is found that the client contravened WebbedSite.com's terms of service. The clients account will be terminated immediately, and a refund will not be provided. Clients may cancel their account at any time.
WebbedSite.com reserves the right to change its terms and conditions at any future time.
The placement of an order or contract for website design and or hosting with WebbedSite.com will be regarded as an acceptance of all the above terms and conditions
Last updated 9-September-2009
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