C I Web Designs Agreement
The following words used in context of the Service Contract are defined as follows:
"Client": The person or entity who is applying for C I E services
2. Provider reserves the right, in its sole discretion, to deactivate the Client's account(s) upon an indication of credit problems including delinquent payments.
3. The provider service is provided on an "as is, as available" basis. the provider gives no warranty, expressed or implied, for the services provided, including, without limitation, warranty of merchant ability and warranty of fitness for a particular purpose. this no warranty expressly includes any reimbursement for losses of income due to disruption of service by provider or its providers beyond the fees paid by client to provider for services.
4. Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use the services for any reason.
5. While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client's files residing on Provider. Client is solely responsible for independent backup of data stored on Provider.
6. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.
7. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE SERVICE(S) OR THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT LIMITED TO PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, AND ANY HARASSING AND HARMFUL MATERIALS OR USES. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE ACCOUNT(S) OR HOST SERVER(S).
8. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.
9. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings is strictly prohibited. The Provider reserves the right to deactivate the Client's account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's account(s).
10. In the event it is necessary to refer any dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable legal fees and all costs associated with any legal action, whether or not a suit shall actually be filed.
11. Provider maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
12. Client retains ownership of their own domain name at all times. Provider has no right to ownership of any domain name that is hosted on C I E servers. Provider guarantees that ownership of domain name will never be transferred from Client to Provider.
13. All sales are final. Should you choose to cancel your server at any time within your billing period, the prorate rebate will cover our administration costs for such action.
Time Lines and Method of Payment
The method of payment and the time frame in which it applies is proportional to the degree of the project involved .
(1) Sites under $500.00 are 50% up front and 50% upon completion or net 30 days, whichever comes first.
(2) Sites between $501.00 and $1500.00 are 50% up front and net 45 days or completion , whichever comes first.
(3) Sites between $1501.00 and $2500.00 are subject to 50% up front, 75% in 30 days and $100% net 60 days or completion, whichever come first.
(4) Sites over $2500.00 are laid out in a contract in a schedule of values to support the best interest of all parties involved.
The C I Web Designs Group will commit to a performance date in all applications and will abide by the set parameters. We will not hold You (the client) liable for lack of performance on Our part.
However, from time of completion (if past parameters agreed upon are not met ) , We (C I Web Designs Group) will expect payment within 15 days thereof. Failure to do so may result in discontinued services and or discontinued web hosting of the site regardless of lack of performance on the client's part (You) in providing the necessary material or information needed to complete Your web site.
C I Web Designs retains full ownership of the copyrighted web material, graphics, photography, HTML design, Perl, Cgi, forms, Java, and other aspects used on the site until payment in full is accepted. At this point the client (You) are free to do whatever You deem necessary with the created material. You are not required to use C I Web Designs for hosting and or redesign; however, it is highly recommended. The sites are written proprietary to the domain name and can be added to any server on the internet without redesign or reworking of the said web site.
Hosting fees paid prior to completion are not subject to refund. We offer the best hosting available and hope You continue working with Us in a joint effort to have Your site succeed. We want Your site to be a success.
Design charges are as is. Defects in workmanship, if any, will be rectified at No cost to You.
C I Web Designs is not
responsible for any loss of revenue due to server outages or Internic problems.
Our servers have a 99.9% up time and are extremely reliable.
The designers of the site are not responsible for it's content or proclamations.
Materials and information used in this web site are provided by the client to the designers to market their product(s), career, event, or place of commerce.
We, the designer, in good faith accept the material provided as legal, honest and in Your best interest.
Therefore all copyright and trademark responsibilities of the provided material are the sole responsibility of the client.
We, the designer, also
accept no responsibility for the performance of the client
I the client agree to the terms of domain hosting services listed above