Terms & Conditions

Use of The Website Design Company Service constitutes acceptance and agreement to The Website Design Company’s AUP as well as The Website Design Company’s TOS (Terms of Service).

The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

Supply of Content

All content for your website, including text, logo and images must be supplied to us in electronic format via e-mail. Where appropriate, we will supplement your content with stock photography. Only after 100% of the content and information being requested has been received will actual website construction begin.

Disclosure to Law Enforcement

The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition The Website Design Company shall have the right to terminate all service set forth in this Agreement.

Service Rates

Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time.

Payment

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that periods service.

Disputes

All billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in The Website Design Companys sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay The Website Design Company an "Administrative Fee"

Failure to Pay

The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the companys liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Limited Liability

Customer expressly agrees that use of The Website Design Company Hosting is at Customers sole risk. Neither The Website Design Company, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that The Website Design Company’s service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the The Website Design Company Server service. Under no circumstances, including negligence, shall The Website Design Company, its offices, agents or any one else involved in creating, producing or distributing The Website Design Companys services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use The Website Design Company services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to The Website Design Companys records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on the The Website Design Company service. Notwithstanding the above, Customers exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract.

SPAM and Unsolicited Commercial Email (UCE)

The Website Design Company takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of The Website Design Company may not use or permit others to use our network to transact in UCE. Customers of The Website Design Company may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. Violation of The Website Design Companys SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, The Website Design Company will initiate an immediate investigation (within 48 hours of notification). During the investigation, The Website Design Company may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, The Website Design Company may, at its sole discretion, restrict, suspend or terminate customers account. Further, The Website Design Company reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. The Website Design Company will notify law enforcement officials if the violation is believed to be a criminal offense. First violations of this policy will result in an "Administrative Fee" and your account will be reviewed for possible immediate termination. A second violation immediate termination of your account.

Bandwidth and Disk Usage

Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form and must be fairly distributed over the month. Customers are able to use 167 Gb daily totaling 5010 Gb in a normal 30 day month. A 28 day month provides 4676 Gb transfer and a 31 day month will allow a total of 5177 Gb transfer. Sites that consume over our daily limit on a regular basis period will be disabled and client must look into another Web hosting provider to accommodate those high bandwidth needs. The Website Design Company will monitor Customers bandwidth and disk usage. The Website Design Company shall have the right to take corrective action if Customers bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in The Website Design Companys sole and absolute discretion. If The Website Design Company takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. The default email inbox holds emails for up to 180 days, sent 30 days and deleted (trash) 7 days. Email subfolders are not automaticly cleaned up as this is the responsibility of the client.

Indemnification

The Website Design Company wishes to emphasize that in agreeing to the The Website Design Company Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies The Website Design Company for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to The Website Design Company or the bringing of any claim against The Website Design Company by any third-party. This means that if The Website Design Company is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against The Website Design Company, plus all costs and fees.

Miscellaneous Provisions

You must provide us with, and keep current, good contact information for you. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation. The Website Design Company takes no responsibility for any material input by others and not posted to the The Website Design Company Network by The Website Design Company. The Website Design Company is not responsible for the content of any other websites linked to the The Website Design Company Network; links are provided as Internet navigation tools only. The Website Design Company disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or partys violation of this policy. Our corporate language is English and is only able to guarantee support and general communication in written English. The Website Design Company is not responsible for any damages your business may suffer. The Website Design Company does not make implied or written warranties for any of our services. The Website Design Company denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by The Website Design Company. It is absolutely forbidden to host illegal content or IRC servers on The Website Design Company accounts. Accounts found hosting this material will be subject to immediate cancellation without refund. The Website Design Company reserves the right to remove any content that is suspected to infringe copyrights, trademarks or otherwise harmful.