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A. General
199websitedesign.com' service ("Service") is offered to
you upon your acceptance without modification of the
terms and conditions contained herein. We may revise
these Terms of Service at any time by updating this
posting. You should visit this page periodically to
review the Terms of Service, because they are binding on
you. By contracting with us for our services, you
acknowledge that you have read, understood, and agree to
be bound by these Terms of Service.
1. Not Included
Packages designs do not include any logos, special
graphics.
2. Privacy and Security
199websitedesign.com takes the privacy and security of
its customers and it self very seriously.
199websitedesign.com shall not disclose or reveal any
information obtained from the client to any individual
or other entity for the life of this contract or until
it has been released to the public by the client. All
passwords, high security issues, ways of operation,
business practices and corporate secrets of the client,
that is given to 199websitedesign.com, shall remain in
the highest confidence and not revealed or given out by
199websitedesign.com.
3. Copyright
Any image, graphics, sound, music, custom coding or
scripts, text and any other material supplied by the
Client to 199websitedesign.com will remain the property
of it’s owner, whether it’s the client's or a 3rd party.
199websitedesign.com assumes, that any items or
materials supplied by the client, for it’s web pages or
Website, are legally and lawfully obtained by the
client. The client shall assume all the legal rights and
responsibilities of obtaining any materials that it
supplies to 199websitedesign.com for it’s web pages.
4. Web Server
The client will also provide 199websitedesign.com the
location of the web Server that will be used for the
maintenance of it’s Website or web pages. By providing,
any passwords, codes, URLs, directories, FTP addresses,
user names or any other information that is directly
involved or needed in order for 199websitedesign.com
performing it’s obligations to the client. the client or
199websitedesign.com shall also inform the client’s ISP
or web Host of the fact that 199websitedesign.com is
maintaining the client’s Website or web pages, and that
the ISP shall allow 199websitedesign.com to work on and
make changes on their servers or computers as needed.
5. Refunds
199websitedesign.com will not give refunds or exchanges
for any terminated or canceled contracts. If the
contract is terminated for any reason, the client shall
be billed for work not yet paid for, that was done by
199websitedesign.com.
6. Indemnification
You agrees that 199websitedesign.com, under any
circumstances, shall not be held responsible or liable
for situations where the Services are accessed by third
parties through illegal or illicit means, including
situations where such data is accessed through the
exploitation of security gaps, weaknesses or flaws
(whether known or unknown to 199websitedesign.com at the
time) which may exist in the Services or
199websitedesign.com' equipment used to provide the
Services.
Under no circumstances, including negligence, shall
199websitedesign.com be liable for any indirect,
incidental, special, consequential or punitive damages,
or loss of profits, revenue, data or use by You, any of
your customers, any Reseller customers or any other
third party, whether in an action in contract or tort or
strict liability or other legal theory, even if
199websitedesign.com has been advised of the possibility
of such damages. No 199websitedesign.com Person shall be
liable to You, any of your customers, any Reseller
customers or any other third party, for any loss or
damages that result or are alleged to have resulted from
the use of or inability to use the Services, or that
results from mistakes, omissions, interruptions,
deletion of files, loss of data, errors, viruses,
defects, delays in operations, or transmission or any
failure of performance, whether or not limited to acts
of God, communications failure, theft, destruction or
unauthorized access to 199websitedesign.com' records,
programs, equipment or services.
Notwithstanding anything to the contrary in this
Agreement, 199websitedesign.com' maximum liability under
this Agreement for all damages, losses, costs and causes
of actions from any and all claims (whether in contract,
tort, including negligence, quasi-contract, statutory or
otherwise) shall not exceed the actual dollar amount
paid by You for the Services which gave rise to such
damages, losses and causes of actions during the
12-month period prior to the date the damage or loss
occurred or the cause of action arose.
This limitation of liability reflects an informed,
voluntary allocation between the parties of the risks
(known and unknown) that may exist in connection with
this Agreement. The terms of this section shall survive
any termination of this Agreement.
7. Force Majeure
199websitedesign.com shall not be liable for failure or
delay in performing its obligations hereunder if such
failure or delay is due to circumstances beyond its
reasonable control, including, without limitation, acts
of any governmental body, war, insurrection, sabotage,
embargo, fire, flood, strike or other labor disturbance,
interruption of or delay in transportation,
unavailability of, interruption or delay in
telecommunications or third party services (including
DNS propagation), failure of third party software or
hardware or inability to obtain raw materials, supplies
or power used in or equipment needed for provision of
the Services
8. Taxes and Levys
From time to time governments enact laws and levy taxes
and tariffs affecting Internet electronic commerce. the
client agrees that the client is solely responsible for
complying with such laws, taxes, and tariffs.
9. Successors and assigns
This agreement shall be binding upon the heirs and
assigns of the parties and shall be governed by and
interpreted according to the laws of the State of
Illinois.
10. Additional Fees
199websitedesign.com reserves the right to charge the
client all and any additional fees or expenses which
might occur from the creation, maintenance or
development of the client's Website or web pages, in
which 199websitedesign.com incurs a cost or bill from an
outside agency, organization, company or any other
entity. This would include, but is not limited to:
Obtaining specific licenses or copyrights, Obtaining
specific softwares, or obtaining a web hosting for the
client. 199websitedesign.com shall inform the client and
receive written approval, by the client, before
beginning any development or obtaining any services,
equipment or software, that would require the need of an
added Expense or Fee to the client.
11. Links
199websitedesign.com shall have the right to add the
client’s Website or web pages to it’s link section on
the 199websitedesign.com Website, and to show any or all
parts of the client’s Website as an example of
199websitedesign.com' web pages or Website, or by
showing the client’s Website on remote computers or in
199websitedesign.com’ portfolio. 199websitedesign.com
reserves the right to place a icon and link that will
redirect all visitors back to the 199websitedesign.com
Website, on all web pages and websites that it creates
and maintains for the client.
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