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1. ACCOUNT SETUP
All account setups will occur after
we have successfully received payment and DavesWebdesigning Fraud center or our payment partner(s) have screened the order(s) for fraud. It is your responsibility to provide us with at least one E-mail
address which is not @ the domain(s) you are signing up under.
2. SPAMMING IS NOT PERMITTED – ZERO TOLERANCE
Do not advertise or put our link on any site that is promoted in any way related to unsolicited
E-mail, ICQ or IRC spams, or newsgroup postings. Opt-in E-mail newsletters require
pre-approval. If we receive spam complaints, your link will be disabled, your account will be immediately terminated, and we will take LEGAL ACTION against you. Please be aware, MRG lists are not
acceptable, as well
as, any other program that hides the sender E-mail address. We terminate sites without notification when any of these types of programs are discovered.
3. BULK E-MAIL
We also monitor "Bulk E-mail". While c-Panel has a mailing list
program installed, any mailing over 2500 messages must be pre-approved. In addition, any site sending over 5000 messages per month will be considered "Bulk". Bulk e-mail ties up the mail queue
and delays messages for other clients. Therefore, we must limit the amount of use on any shared server. There are some arrangements that can be made to accommodate a user with a large list which includes
extra fees and special mail scheduling software. Please be aware that posting to Free for All web pages could generate "bulk
E-mail" from Auto Responders of the FFA list users you have
posted to. We may need to take action if these Auto Responders are spamming the server and causing the mail queue too many delays.
4. ALLOWED SITES
4.1. Your site must be legal in representation and abide by all laws within the
United States of America. Any adult site hosted at DavesWebdesigning, LLC most maintain records with ages individual photographed and material content to ensure it meets all current United States of
America laws.
4.2. Child Pornography - Company will cooperate fully with any criminal investigation into a Customer's
violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over Company network, and will be liable for illegal
material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is
or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual
purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under
the age of eighteen years.
Violations of the Child Protection Act should be reported to the U.S. Customs Agency at:
1-800-BEALERT.
4.3. Although we do not monitor the content of all sites all of the time, we will not host Web sites that
have warez, extremely offensive, or illegal content, or link to Web sites that have illegal content. Any such complaint or notification of “confirmed” content authorizes immediate termination.
4.4. The Web site cannot attempt to download any virus or malicious or annoying files when opened. IRC bots,
programs, or networks of any kind are not allowed. If an IRC program is discovered, immediate termination will result without warning. The following processes are illegal on our servers and will be
killed automatically: BitchX, bnc, eggdrop, guardservices, ircd, psyBNC, ptlink, services.
4.5. Web sites with processes that consume or take the server load to an unmanageable level will have
that process terminated immediately. Accounts granted SSH access that is found to have processes running in this same manner will have SSH access deactivated for a minimum of 6 months.
5. THE PROGRAM'S RIGHTS
We reserve the right, at our request, to see all referring pages and servers logs if necessary. If illegal
content is discovered, upon request, we will turn over all site related documents, files and
logs to the proper authorities. We reserve the right to terminate webmasters or clients without
payment who make derogatory comments about the program or employees of DavesWebdesigning. We reserve the right to suspend or terminate at will for nonpayment. Sites suspended for
nonpayment wishing to become unsuspended, may be required to pay for an entire year in advance to leave suspended status and must pay a $10.00 reactivation fee, per incident. In addition, all back
payment(s) due, must be collected before activation.
6. HOSTING PACKAGES
6.1. DavesWebdesigning hosting plans are set to give our clients the most useful tools available to manage the accounts. You will not be charge a set up fee for any of our paid plans. Additional
assistance may be requested at a fee of $25.00 an hour. If you choice the initial hosting setup consultation this is a (1) hour informational instruction on the basic setup and use of our control panel
and billing system. Additional fees may apply to clients who reside outside the USA, due to phone charges. We will advise you prior to the actual phone call with any additional fees. If the occurrence of
any hidden phone charges due to location that are revealed prior to the call we reserve the right to charge those fee to the clients account. If the setup fee is determined to be too great a cost, the
initial setup fee may be refunded as a credit to that clients account.
6.2. Annual Hosting plans that are paid in at a discounted rate. The discounts warrant
DavesWebdesigning to require a 12 month term agreement to cover the discounted annually hosting fees. When a discounted annual hosting plan is ordered, the user agrees to a term of 12 months of
hosting with the DavesWebdesigning Web Hosting Network. At any time after the 30 day money back guaranteed grace period a client decides to terminate service any and all month/months up to
termination date (prorated to the end of that current month) will be charged at the regular monthly hosting cost for that plan, plus a $25.00 termination fee will be assessed on your account.
7. WEB SITE MAINTENANCE AND HOURLY RATES:
Web Site Packages include minor updating over the first month with the Basic and Deluxe Packages, and three months with our Enterprise Package. These plans are determined at purchase. They do not
include major changes, such as changing newsletter content (which essentially involves constructing a new web page), which is billed at our hourly rate of $50.00. We offer maintenance plan which cover
content updates and basic page updates. There is no purchase requirement for any maintenance plan but once purchased they can be started or canceled at the following predetermined time. 1 Month
prior to required start or stop dates. Web site fees may change at any time, unless prior agreement are covered in a signed web site contract, by both the authorized client and authorized
DavesWebdesigning, LLC consultant. Check our pricing pages to ensure current prices prior to any purchases.
8. NETWORK FAILURES AND ACTS OF GOD
DavesWebdesigning, LLC shall not be responsible for any delay or failure to performance due to
internet and equipment failures and/or other acts outside of our reasonable control, to include all Acts of God, or Natural Disasters.
9. TERMINATION
9.1. DavesWebdesigning may terminate any service(s) at any time, due to any client, user or employee of any client to include any service maintained by DavesWebdesigning, LLC or its Partners,
if found in violation of any section of this Service Agreement, with notice sent to the E-mail address
designated with each accounts billing information. You will have thirty (30) days from the date this notice is sent to redeem the commissions, information, or funds left in your account.
DavesWebdesigning will not be responsible for notice failures caused by an error in your E-mail program, an inaccurate E-mail address provided by you, your failure to check your E-mail, or your
failure to inform DavesWebdesigning LLC. of a change in your E-mail address.
As stated in Paragraph (1.) of this agreement; It is your responsibility to provide us with at least one
E-mail address which is not @ the domain(s) you are signing up under.
9.2. DavesWebdesigning employees take these terms very seriously. At any time we are directed by
any outside agency such as: International, US Federal, State, any Law Enforcement Agency not herein mentioned, or Government Agency to terminate services, turnover logs, files, payments or
any not mentioned information, clients will be terminated without reimbursement and/or without notification from any or all services provided by DavesWebdesigning, LLC or its Partners.
10. INDEMNIFICATION:
You shall indemnify, defend and hold DavesWebdesigning and its affiliates harmless from and against
any damage, loss, expense (including reasonable attorney's fees and costs related to litigation) or
penalty or any claim or action therefore, by or on behalf of any person, arising out of: (a) any material
on the your Web Site as linked through DavesWebdesigning, including without limitation, those arising from claims or suits for defamation, copyright or trademark infringement, misappropriation, violation
of the Lanham Act or rights of privacy or publicity or from any and all similar claims now known or hereafter devised; (b) a breach by you of a warranty under this Agreement; (c) any negligence or
willful misconduct by you.
11. NO WARRANTIES.
DAVESWEBDESIGNING PROVIDES ALL MATERIALS AND THE SERVICES TO ALL OUR CLIENTS ON AN "AS IS" BASIS. DAVESWEBDESIGNING MAKES NO OTHER WARRANTIES AND DAVESWEBDESIGNING
DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE. DAVESWEBDESIGNING LLC. DOES NOT WARRANT THAT THE SERVICES OR SIGN-UP PAGE WILL BE INTERRUPTED OR ERROR FREE, NOR DOES DAVESWEBDESIGNING
MAKE ANY WARRANTY AS TO THE PERFORMANCE OR ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES OR THE SIGN-UP PAGE.
12. LIMITATION OF LIABILITY.
NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO CONSTITUTE A WARRANTY, EXCLUSIVE OF SUCH SPECIFICALLY DESCRIBED HEREIN. DAVESWEBDESIGNING LLC'S MAXIMUM LIABILITY TO YOU
UNDER THIS AGREEMENT, AND YOUR EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, WILL BE
LIMITED TO THE RECOVERY OF ACTUAL DAMAGES UP TO THE TOTAL AMOUNT OF $500. IN ADDITION, DAVESWEBDESIGNING SHALL NOT BE LIABLE TO YOU FOR LOST PROFITS OR SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DAVESWEBDESIGNING MAY SEEK INJUNCTIVE RELIEF TO PREVENT YOU FROM DISSEMINATING DAVESWEBDESIGNING'S CONFIDENTIAL INFORMATION OR FROM UNAUTHORIZED USE OF DAVESWEBDESIGNING'S TRADE NAME OR TRADEMARKS.
13. GENERAL TERMS AND CONDITIONS.
13.1. Notice, Governing Law, Force Majeure, Waiver, Entire Agreement. Any notice which either Party may desire to give the other Party must be in writing and delivered, by mail or facsimile to the
relevant Party at the address of such Party as set forth in this Agreement or such other address as the
Parties may hereinafter designate. This Agreement shall be construed and enforced in accordance with the laws of the State of Ohio, except that body of law concerning conflicts of law.
DavesWebdesigning shall not be liable to you for any delay or failure to perform which results from
causes outside its reasonable control. A judicial determination that any provision of this Agreement is
invalid in whole or in part shall not affect the enforceability of those provisions found to be valid. If
DavesWebdesigning fails to require performance of any duty here under by you, such failure shall not affect its right to require performance of that or any other duty thereafter. The waiver by
DavesWebdesigning of a breach of any provision of this Agreement shall not be a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision herein. This
Agreement, including any supplements, modifications or amendments hereto, and the E-mail, including any supplements, modifications or amendments thereto, shall constitute the entire
agreement between the Parties regarding its subject matter. This Agreement supersedes any and all
previous proposals, representations or statements, oral or written. Except as otherwise stated in this Agreement, any modifications to this Agreement must be in writing and signed by authorized
representatives of both Parties.
13.2. Assignment. This Agreement shall be binding upon and shall inure to the benefit of the Parties
hereto, and their respective representatives, successors and permitted assignees. This Agreement shall not be reassigned by you, without the express written consent of DavesWebdesigning, including
to an entity in which it has merged or which has otherwise succeeded to all or substantially all of your business and assets to which this Agreement pertains and which has assumed in writing or by
operation of law its obligations under this Agreement. Any attempted assignment in violation of this provision will be void.
13.3. Attorneys Fees. In the event there is any dispute concerning the terms of this Agreement or the
performance of any Party hereto pursuant to the terms of this Agreement, and any Party hereto retains counsel for the purpose of enforcing any of the provisions of this Agreement or asserting the
terms of this Agreement in defense of any suit filed against said Party, the successful or prevailing
Party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that
action or proceeding from the other parties, in addition to any other relief to which it may be entitled.
Our Legal department reserves the right to conduct changes to this agreement at any time without notice.
13.4. Counterparts. This Agreement may be sent via facsimile and executed in one or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
14. Service Agreement Modifications
DavesWebdesigning may modify this Agreement from time to time, with or without notice, and your continued participation in use of our service after such modification shall be deemed to be your
acceptance of any such modification. It is your responsibility to check this Terms and Conditions page
regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must correct you actions or immediately cease participation of
DavesWebdesigning, LLC or its Partners services.
Final User Agreement
I understand and agree to all the Terms of this Service Agreement and that DavesWebdesigning shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it
makes relating to termination of membership (including cancellation of commissions and with holding of funds) shall be final and binding.
Terms subject to change at any time. All currency is in US Dollars only
Last Updated: 14 May 2005
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