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| home | about us | terms | contact us | ||
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terms & conditions
In this agreement, the terms We, Our and Us, refer to Sonburst Web Design; the terms You, Your, Yours and Someone refer to the Web Site, or Domain Name Without a web site, purchaser.
INCLUDED IN ALL $95-$295 Web Site PLANS:3 Day GUARANTEE: Our Guarantee is that your chosen domain name (if available) will be accessable online on your web site within 3 days of your paid order. What you will see on your new site is your site layout and all information and or images that we have from you and/or all content/images that we will be supplying. We reserve the right to take up to 3 days to upload any information that you will be supplying AFTER the time of your initial order.
For Example: We will have the site that you viewed at the time of your order, with YOUR new Domain Name (or an alternate domain name if 1st choice is not available), and any information that you supply AT THE TIME OF YOUR ORDER, accessable within 3 days.
Any additional information supplied by you, possibly may not be uploaded for up to 3 days from the time of your supplying it.
Any and ALL additional content and or images MUST be supplied to info@sonburstwebdesign.com
In the event that we do NOT have your site online within the time allowable as stated above, you will receive a 50% refund of your purchase price. This Guarantee offer is for the $95-$295 web sites ONLY.
***Important***
Keep in mind that email addresses at yourdomain.com will only work as long as yourdomain.com is an active domain name. There is an annual fee of $20/year to renew your domain name. (The First year charge is Included in your order)
terms for everyone's protection, security & privacy
ADDITIONAL TERMS OF SERVICE:
We will NOT host or design any web sites that deal with any kind of lewdness, vulgarity, pornography, violence, illegality, or anything that we deem offensive. Any offensiveness will be determined at the sole desecration of Sonburst Web Design.
ADDITIONALLY: YOU HEREBY AGREE THAT ANY MATERIAL SUBMITTED FOR PUBLICATION THROUGH US THROUGH YOUR 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 US. YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE SONBURST WEB DESIGN FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.
FURTHERMORE: YOU HEREBY AGREE THAT ANY MATERIAL SUBMITTED FOR PUBLICATION THROUGH US THROUGH YOUR ACCOUNT(S) WILL NOT CONTAIN ANYTHING SUCH AS, BUT NOT LIMITED TO, PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, AND ANY HARASSING AND OR HARMFUL MATERIALS OR USES, WHICH ARE CONSIDERED TO BE ABUSIVE AND UNETHICAL USES OF THE SERVICE(S)YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE SONBURST WEB DESIGN FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THOSE MATERIALS. WE MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH THE WE DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE SERVICE(S), OR DEEMED A VIOLATION OF THE TERMS OF SERVICE. THIS INCLUDES DOMAIN POINTERS
In the event that someone has ordered and paid for a web site that is subsequently determined unsuitable for hosting by Sonburst Web Design, any payments collected from you will be credited back to your credit card on file.
Our responsibility is for the appearance and availability of your web site. We can not be held responsible for the number of hits (visits) to your site, or sales or lack of sales from your site. You site should be up and available for visitors about 95% of the time (after the initial activation which could take as long as 72 hours); if for some reason it is not available for a short time, for reasons beyond our control, we can not be held responsible. Also, we will NOT be held responsible for any lost sales or other income, by you, in the event that your web site is unavailable to visitors.
In the event of rising costs to us, we reserve the right to raise prices when necessary. You will be given sufficient notice of any increase so you could make any decisions necessary.
You understand that domain name registration relies on a third party domain registration authority that Sonburst web Design has no control over. Furthermore, we are not liable to you for damages caused by domain name deactivation by a third party registration authority for any reason.
We are not responsible for any damages arising from your use of our hosting or by your inability to use the services for any technological or any other reason.
We can NOT be held responsible for any lost data that passes through your site via forms or emails, once the forms and emails have been determined to be working properly.
Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. We are 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.
Use of distribution lists via unsolicited electronic mail or other mass electronic mailings is strictly prohibited. We reserve the right to deactivate the Your account(s) upon an indication of such activity. You hereby agree to indemnify and hold harmless Sonburst Web Design from any claim resulting from the Your or another party's use of electronic mail service(s) on the your account(s).
Use of account(s) to provide free email services is strictly forbidden as it is a security hole and liability.
Only the account holder or its legal assignee is authorized to make changes to the account.
We maintain control and any ownership of any and all IP numbers and addresses that may be assigned Your account and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
We reserve the right to disable any user account or site for anything deemed to be suspicious activities at the Our sole discretion. This includes, but is not limited to, anything that gives indication of hacking, spoofing, cracking, phreaking, denial of service attacks, running rogue services on Your account on Our systems, or anything that might attract or precede such activities. Rogue services, as defined here, means any service that is not included as a feature on Our advertised list of account features at the time. This includes, but is not limited to, IRC bots, IRC clients, IRC deamons, ICQ clients, ICQ servers, Socks proxies, or any other service running on a TCP/IP port that We did not give explicit written authorization for use. You hereby agree to indemnify and hold harmless the Sonburst Web Design from any claim resulting from account deactivation or disablement as a result of suspicious activities.
Although we do not monitor the activity, traffic, or content that You may produce, publish, or cause, we reserve the right to turn any logs, monitoring data, or Your material over to the proper authorities in the event legal or criminal action is to be taken by Us or authorities.
We reserve the right to partially or wholly disable Your account(s) upon indication of activities that noticeably affect the quality of service for other Clients. This includes, but is not limited to, excessive processor time usage, excessive RAM usage, excessive open file handles, or anything else that causes noticeable slowdown of services or causes system crashes. You hereby agree to hold Us harmless from any claim resulting from such actions that We deem necessary, at its sole discretion, to restore a reasonable level of service.
You hereby agree that account termination resulting from any breach of these terms of service will result in the nullification of any right to a refund of any kind. Furthermore, You acknowledge that you will be liable for any charges resulting from any server repairs required as a result of your violation of these terms of service. The rate will be $150 per hour plus the cost of any parts and shipping charges.
We reserve the right to pursue in a court of law financial compensation for other damages resulting from the violation of these terms of service. We reserve the right to change this contract by posting a publicly available copy at this location with notification of such changes emailed to Your email address on file. You hereby agree to ratify any such changes and hold Us harmless from any claim resulting from such changes. You hereby acknowledge responsibility to inform yourself of any changes to this contract.