CANCELLATION OF SERVICE
At anytime you may cancel your web services, however, web hosting will continue through the remainder of the pre-paid quarter, and no money will be refunded for any of the unused quarter. Month to month accounts will terminate on the last day of that month. Any unpaid web development and graphics services rendered will be billed accordingly. Any payments for services rendered prior to cancellation will not be refunded in the event of cancellation.
BILLING TERMS & RATES
When we finish designing your web site to the specifications and price agreed upon, we will then notify you of the sites "completion". After this notification of completion, any work done on your web site will now be categorized as "Updating and Modification", and billed accordingly.
WEB SITE AVAILABILITY
We strive to keep our web sites up 100% of the time, but we realistically know this is not possible. It is not possible with any system. Right now we are proud to maintain a 99% up time for all of our sites. If your web site is not accessible, please contact us right away by email, and we will find out the cause of the problem. Please note that from time to time the system will be down for scheduled maintenance and upgrading. In the result of any serious problems with the web server, or after 7 days of non accessible web sites, a new server will be contacted in regard to hosting the web sites. Also note that internet traffic, especially at peak times during the day and evening, can slow down and even stop access to any given web site. We are not responsible for internet traffic or any inconvenience caused by this.
CHANGE OF SERVICE
You have the right at anytime to upgrade or downgrade your service package with us. Prices will be adjusted accordingly. For security reasons, any change of hosts or designers will be handled on an individual basis.
TERMINATION OF SERVICE
Any unpaid balance for hosting charges or design/graphics charges over 30 days old may result in termination of your web site. Any "abuse" of a web site for illegal or dangerous purposes will result in termination as well. This will be in extreme cases only, and you will receive ample notification before service is terminated. To reestablish your site, there will be a $25.00 service charge.
WEBSITE DESIGN
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, HostingLA/OC.com cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.The website, graphics and any programming code remain the property of HostingLA/OC.com until all outstanding accounts are paid in full. HostingLA/OC.com cannot take responsibility for any copyright infringements caused by materials displayed on the client’s website. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.The client agrees to make available as soon as is reasonably possible to HostingLA/OC.com all materials required to complete the site to the agreed standard and within the set deadline. HostingLA/OC.com will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.HostingLA/OC.com will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. HostingLA/OC.com will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents. HostingLA/OC.com will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
DATAABASE, APPLICATION and E-COMMERCE DEVELOPMENT
HostingLA/OC.com cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use. Any scripts, cgi applications or software (unless specifically agreed) written by HostingLA/OC.com remain the copyright of HostingLA/OC.com and may only be commercially reproduced or resold with the permission of HostingLA/OC.com.Where applications or sites are developed on servers not recommended by HostingLA/OC.com, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.The client is expected to test fully any application or programming relating to a site developed by HostingLA/OC.com before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, HostingLA/OC.com will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
BANDWIDTH AND STORAGE USAGE
You agree that use of the Services under this Agreement will not exceed the bandwidth and storage usage limits set out. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, you agree to pay the associated additional charges. Data stored in your user account is not owned by HostingLA/OC.com. Hosting; therefore Data preservation is the ultimate responsibility of you, the client. HostingLA/OC.com Hosting is in no way responsible for the client’s data and or the backup of that data.
INVESTIGATION OF VIOLATIONS
HostingLA/OC.com Hosting may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. HostingLA/OC.com Hosting will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.
ACTIONS
HostingLA/OC.com Hosting reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, HostingLA/OC.com Hosting may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on HostingLA/OC.com Hosting 's systems, and/or (d) disabling or removing any hypertext links to third party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by HostingLA/OC.com Hosting which, in HostingLA/OC.com Hosting 's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes HostingLA/OC.com Hosting to civil or criminal liability or public ridicule. It is HostingLA/OC.com Hosting’s policy to terminate repeat infringers. HostingLA/OC.com right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. If HostingLA/OC.com Hosting takes corrective action due to such possible violation, HostingLA/OC.com Hosting shall not be obligated to refund to you any fees paid in advance of such corrective action.
DISCOSURE RIGHTS
To comply with applicable laws and lawful governmental requests, to protect HostingLA/OC.com systems and customers, or to ensure the integrity and operation of HostingLA/OC.com business and systems, HostingLA/OC.com may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on HostingLA/OC.com servers and systems. HostingLA/OC.com also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.
LIABILITES
You agree that HostingLA/OC.com will not be liable for any indirect or consequential damages, including but not limited to, loss of profits or for any claim made on the client by any other party, even though HostingLA/OC.com may have been notified of such damage or claims. We shall not be liable to you for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform its obligations under this agreement where such delay is caused directly or indirectly by an act of God, armed conflict, labor dispute, civil commotion, intervention of a government, inability to obtain labor, materials or manufacturing facilities, accidents, interruptions of, or delay in, transportation or any other cause beyond our control.You agree to defend, indemnify and hold us harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by us to you under this agreement, including without limitation claims made by third parties (including your customers) related to any false advertising claims, liability claims for products or services sold by you, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by you for publication by us.If, despite the other provisions of this agreement, HostingLA/OC.com is found to be liable to you then its liability for any single event or series of related events is limited to the Fees.Due to the public nature of the Internet, all material submitted by you for publication will be considered publicly accessible. HostingLA/OC.com does not screen in advance customer material submitted to HostingLA/OC.com for publication. HostingLA/OC.com's publication of material submitted by customers does not create any express or implied approval by HostingLA/OC.com of such material, nor does it indicate that such material complies with the terms of this agreement. |