Well, here's the legal stuff I had to put up. It's kind of lengthy but I was advised that this had to be in writing and on this page to protect both myself and my clients in this 'lawsuit happy' world of ours! If you have any questions, just drop me an email!


Agreement

AGREEMENT FOR WEB DESIGN, STORAGE, AND TRANSFER

SERVICE CONTRACT / TERMS & CONDITIONS


The terms below are an important part of the service contract between you and
DC Web Creations©. You must agree to the following terms and conditions or your order 
will not be processed. The following words used in context of the
Service Contract are defined as follows:

 "Provider"
DC Web Creations© 

"Client"
The person or entity who is applying for Web Design,
Web Hosting, and Related Services


The Provider agrees to provide, and Client agrees to receive, Professional Web Design, Web Hosting,
and other Services offered through DC Web Creations© according to the
following terms and conditions: 

1.)  Client will request and use DC Web Creations© for Web Design Packages and all other
provided services in a manner consistent with any and all applicable laws of the
State of Michigan and the US Federal Government. Client authorizes Provider to
charge all rates and fees as described in this said agreement.

2.)  Provider reserves the right, at my sole discretion, to deactivate the Client's
Web Page/s virtual server hosting account/s without warning upon an indication of
credit problems including delinquent payments, or if this service contract is
violated, or if Client's account or the traffic on this account causes any kind of direct 
network or server problem / disturbances. Client is not allowed to resell any Web
Services provided by DC Web Creations©. Provider reserves the right to disable an
account or some of its files or directories if client violates this policy.

3.)  THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE"
BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED,
FOR THE WEB'S VIRTUAL SERVERS, WEB HOSTING PACKAGES AND ALL
OTHER SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION,
WARRANTY OF MERCHANTABILITY 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 Provider's virtual servers, Web Hosting Packages and
any other services provided 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 and Provider's virtual servers. Client is solely responsible for independent
backup of data stored on Providers server and network. If Provider needs and is able
to restore client's files due to a file/s lost, for any reason, Provider may charge an
additional fee for this service. 

6.)  CLIENT HEREBY AGREES THAT ALL DOMAIN NAMES AND 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 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 ALL DOMAIN NAMES AND ANY
MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH
CLIENT'S ACCOUNT/S WILL NOT CONTAIN ANYTHING LEADING TO AN
ABUSIVE OR UNETHICAL USE OF PROVIDER'S VIRTUAL SERVER OR WEB 
HOSTING PRODUCT/S OR THE HOST SERVER/S. ABUSIVE, UNETHICAL,
AND ILLEGAL MATERIALS ARE STRICTLY PROHIBITED. 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 VIRTUAL
SERVER ACCOUNT/S. PROVIDER MAY CHARGE A $50 DEACTIVATION FEE IF CLIENTS
VIOLATION LEADS TO AN ACCOUNT DEACTIVATION OR SUSPENSION. 

8.)  ELECTRONIC MAIL ABUSE POLICY FOR YOUR POP3 ACCOUNT/S

A.  Harassment, whether through language, frequency, or size of messages, is prohibited. 
B.  Client may not send email to any person who does not wish to receive it. If
a recipient asks to stop receiving email, the Client must not send that person
any further email. 
C.  Client are explicitly prohibited from sending unsolicited bulk mail messages.
This includes ALL "junk mail" or "spam". Such material may only be sent to those who
have explicitly requested it. 
D.  Client may not forward or otherwise propagate chain letters, whether or not
the recipient wishes to receive such mailings. 
E.  Malicious email, including but not limited to "mail-bombing" (flooding a user or
site with very large or numerous pieces of email) and "trolling" (posting outrageous
messages to generate numerous responses) is prohibited. 
F.  Forging of header or any other information is not permitted.
G.  Subscribing someone else to a mail list or removing someone else from a mail
list without that person's permission is prohibited.
H.  Client accounts or services may not be used to collect replies to
messages sent from another Web Hosting Service or Internet Service Provider,
where those messages violate this Usage Policy or the usage
policy of that or any other provider. 
I.  These rules apply to other types of Internet-based distribution mediums as well,
such as RLG's Ariel system (a system for sending FAX-like documents over the
Internet). USENET postings have their own regulations; see below. 

9.)  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, or made available, on the Internet or any other
network provider that customers may utilize. 

10.)  Use of distribution lists via unsolicited electronic mail or other mass electronic
mailings (UCE) is strictly prohibited. Provider reserves the right to deactivate the
Client's Web Site/s, Hosting Account/s and other Services upon any indication of such
activity without notice. Client hereby agrees to indemnify and hold harmless the
Provider from any claim resulting from the Client's or any other party's use of
electronic mail service/s on the Client's Web and Email Server. Provider reserves the
right to charge a $50 reactivation fee, if client's violation of Provider's anti-spamming
policy leads to an account deactivation or suspension. 

11.)  In the event it is necessary to refer any dispute to an attorney, a collection
agency, or resolve it in a court of law, the prevailing party will be entitled to an
award of reasonable attorney's fees, collection fees, and all costs associated with
any legal action, whether or not a suit shall actually be filed. Place where the
contract is signed and fulfilled shall be Flat Rock, Michigan, United States of
America. 

12.)  Client acknowledges that there is NO cooling-off period! All orders, sales,
rents, time-frames, and terms are final. Once the service is ordered, there 
are no refunds if the service contract is canceled by Client before the regular
expiration date / anniversary date. If an account has been setup and the initial
design and setup fee is not paid, Provider has the right to immediately close the
account and to refuse service. In this case, Provider will bill Client for U.S. $129.00 for
one hour of programming. If payment is declined by the Client's bank or if proper fees are
not paid on time, Provider will charge a US $15.00 late fee per billing cycle and a US $25
fee for each payment-related suspension. If Client disputes justified charges by Provider,
Provider has the right to charge a $25 administration fee in addition to the regular
suspension charge and immediately discontinue service. 

13.) Provider maintains end result control of all Web Services rendered. Client shall keep the right
to use the domain name even if Client or Provider discontinues his/her agreement with
DC Web Creations©.

 

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