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Terms Of Service / Acceptable Usage Policy
1. Content and copyrighted
material.
All services provided by Z Web Design may be used
for lawful purposes only. This includes, but is not limited to: copyrighted
material (Includes website artwork, logos etc), material we judge to
be threatening or obscene, pornography or material protected by trade
secret and other statute.
Examples of unacceptable content or links:
Pirated Software Adult Content, Wares sites, IRC Bots, Hate Sites, Hack
Programs and archives.
2. Unauthorized use of
other people's accounts or computers.
Any unauthorized use of
other people's accounts by a Z Web Design customer, will result in action
against the attacker. Possible actions include warnings, account suspension
or cancellation, and civil or criminal legal action, depending on the
seriousness of the attack. Z Web Design will strongly react to any use
or attempted use of an Internet account or computer without the owner's
authorization. Such attempts include "Internet scamming" (tricking other
people into releasing their passwords), password robbery etc.
3. Account Holder Identification
Information.
You agree to supply Z Web Design with a current
and truthful name, postal address, email address and telephone number
for our records, and you have a continued obligation to keep this information
current. You also agree that you are an authorized user of any credit
card that you may supply to us or our payment partner(s), and you understand
and agree that we have an obligation to fully investigate any possible
fraudulent credit card use. Z Web Design reserves the right to refuse
service to anyone without notice or reason.
4. Payments, Invoices,
Late Payment Fees, Suspension.
Recurring invoices (for hosting
etc) are to be paid by the due date. Reminder notices are sent as follows:
Payment reminder sent out 7 days before due date, then another reminder
at 5 days before due date. Late payment reminders are then sent 5 days
after due date, 8 days after due date, then 14 days after due date.
At 20 days overdue a 10% late fee is added to the invoice. At 30 days
overdue your account is suspended until payment and late fees are paid.
New websites: Website owing balance must be paid in full before website
is uploaded live.
All fees for new accounts/services are
due in advance before the service is activated. We will not activate
any new account that is not paid in advance. If you are having difficulty
paying any invoice please contact us. If email addresses are not kept
up to date by the client then Z Web Design is not responsible for expired
domains or suspended accounts due to non payment of invoices.
5. Price Change.
Z Web Design reserves the right to change the price of any services
at any time.
6. Customer/Technical
Support.
Please contact technical support through the Z Web
Design website and support will be given as quickly as possible.
7. Back-up.
We
encourage you to generate a backup of your website. Backup systems are
fully automated and we cannot guarantee that a particular file or piece
of data will be backed up at a specific time. We do not account for
incomplete backups and render no compensation for non-current data contained
in the backups.
8. Bandwidth/Disk Space
Usage.
All plans have a set allotment of bandwidth and disk
space available for use. Any customer who's bandwidth usage is over
the limit of the monthly allotment may be charged an extra fee. $3.00
per month per GB is currently charged once you go over your allocated
data limit.
You will only be charged after you agree to accept the
charges via an email. If you do not wish to pay the additional fees
your site may be suspended until the start of the next billing period.
In all cases you will be notified in advance if your monthly bandwidth
is nearing its limit. Z Web Design can advise and give tips on how to
keep your bandwidth at an efficient level.
Unused bandwidth may not
roll over to the following month. Extra disk space is available if required
at $5.00 per 500 MB per month.
9. Abuse Of Traffic And Storage.
Our web accounts have finite storage and bandwidth limits. Our intent
is to provide space to serve websites, not an offsite storage area for
electronic files. Unless specifically contracted, customers are not
allowed to have large archives of files on our servers or files which
would be downloaded freely by others, i.e. video and video streaming,
mp3 files, shareware archives, pictures etc. Usage as a back-up system
for your computer is also not allowable. Files on our servers should
be used for your website only, our servers are not a storage area. If
in doubt please send us an email.
10.
Resource Usage.
CGI or PHP scripts utilizing a significant percentage
of a server's system resources may, at Z Web Design's discretion, be
terminated and/or prevented from running. It is the subscriber's responsibility
to ensure their processes use a minimum of server resources.
Database
resources, such as MySQL and MSSQL, are closely monitored. Overuse of
database resources, including but not limited to excessive or mismanaged
connections, long queries and missing or inappropriate indexing, may
result in the database queries being terminated and/or the correlating
script being stopped.
Scheduled processes (such as cron jobs) can
significantly drain server and network resources. Z Web Design reserves
the right to stop any scheduled process from running or reduce the frequency
of operation should it be found to be using more than a reasonable share
of a server's resources.
Any account found to be in violation of
this policy may be suspended.
11. Email.
Spamming
and mail bombing is strictly prohibited. Any customer who uses his email
for spamming will have his account terminated immediately. All fees
and pre-paid services will not be refunded.
You must comply with current laws and regulations
applicable to bulk or commercial email.
Your intended recipients
must have given their consent to receive email from you via some affirmative
means, such as an opt-in procedure.
Your procedures for seeking
consent include reasonable means to ensure that the person giving consent
is the owner of the email address for which consent is given. Z Web
Design may test and otherwise monitor your compliance with its requirements
and may block the transmission of email that violates these provisions. When
sending email, especially bulk email, help to avoid receiver irritation
and excessive mail server load by: Not attaching large files. Breaking
up bulk email by sending in blocks of no more than 200 emails at any
one time. A maximum of 400 emails per hour per domain is allowed.
12. Websites, Shopping Carts, Maintenance
Plans and Domain Name Registration.
a) Websites:
A $250 deposit is required before commencement.
It is extremely
important that correspondence email from Z Web Design to the client
must be replied to as soon as possible to keep the project on schedule.
A reasonable email reply time is appreciated. Please note that long
delays by a customer in completing a website may result in extra charges.
Websites should be completed with 30 days.
b) Shopping Carts:
Z Web Design is not responsible for errors which may occur to Shopping Carts
from add-ons or additional scripts or modifications. Shopping Carts should be
completed with 30 days.
c) Domain Name Registration:
Z Web Design must have notification via email if you wish to cancel
your registration or to transfer to another Registrar. Notification
must be sent to Z Web Design at least 6 weeks before expiry date.
d) Maintenance Plan:
All minor changes are covered. Please note that this does not cover
major structural changes to your website or shopping cart, eg adding
new pages, redesigning the website or shopping cart, new slideshows,
modules or adding or changing navigational structure. There is also
a limit of 20 new products per month for shopping carts. In most cases
we will only charge a small additional fee if you are already on the
Maintenance Plan.
13.
Billing information updates.
Customers are responsible to update
their information. E.g.: billing info, address changes, credit card
changes, etc. If email addresses are not kept up to date by the client
then Z Web design is not responsible for expired domains or suspended
accounts due to non payment of invoices.
14. Cancellation.
If for any reason you are not satisfied with Z Web Design service,
you may cancel your account at anytime by emailing us. There is no reimbursement
or pro rata refund if the customer decides to terminate the services
before the end of a prepaid term, regardless of the reason for the termination.
15. Waiving the Service.
We reserve the right to refuse, cancel, or suspend service at
our sole discretion.
16. Indemnification.
The customer agrees that the customer shall not hold Z Web Design
liable to the customer for any claims, liabilities, losses, costs, damages,
expenses, including solicitor fees and court costs that arise from any
judgments directly or are indirectly created by the services of Z Web
Design.
17. Limited Liability.
Z Web Design shall not be liable under any circumstances for
any damages the customer's businesses may suffer for any reason including
but not limited to internet connection outages, even if Z Web Design
has been advised of the possibility of such damages.
18. Policy change.
Z Web Design reserves the right to make changes to our Acceptable
Usage Policy at any time without any notification. Changes to our Acceptable
Usage Policy take effect immediately upon being posted on our website.
19. Entire Agreement.
This Agreement supersedes all prior and current, oral or written
understandings and agreements between Z Web Design and the customer
involved. Any prior statements that are not written in this agreement,
even if they are promised orally or written are deemed void. Customers
hereby acknowledge and will abide by all the rules set forth in this
agreement.
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