This Agreement is between SEO Web Designs and the person/persons or company/companies who use our website, hosting services, WordPress plugins, Facebook applications, web development, and seo services. Please read carefully to ensure you understand our terms before purchasing or using any of our products or services. By using or purchasing any of our products or services you are agreeing to the terms below.
SEO Web Designs agrees to provide the services stated for the price agreed at the given time.
All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce their usage. If customers continue to go over we will do everything possible to fix the problem. You agree SEO Web Designs has the right to ban accounts for continuous problems.
All payments are non refundable once any applicable money back guarantee has passed.
TECHNICAL SUPPORT BOUNDARIES
SEO Web Designs provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our control panel interface, servers within our immediate responsibility and any other hosting related issues.
Unlike many hosting companies we do our best to help with scripts, templates and programing languages. However, under no circumstances is SEO Web Designs obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously.
Customer represents and warrants to SEO Web Designs that the information he, she or it has provided and will provide to SEO Web Designs for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to SEO Web Designs that he or she is at least 18 years of age. SEO Web Designs may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.
Any attempt to undermine or cause harm to a server or customer of SEO Web Designs is strictly prohibited.
SEO Web Designs 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 theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to SEO Web Designs, will result in action against YOU. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE – SEO Web Designs has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by SEO Web Designs to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS – All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
DISK SPACE ABUSE
SEO Web Designs will be the sole arbiter as to what constitutes a violation of this provision. You are responsible for monitoring your disk space usage. If you need extra disk space contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your SEO Web Designs client account.
The intention of SEO Web Designs is to provide a large bandwidth to transfer web documents, and not an off site storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
Traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. SEO Web Designs will be the sole arbiter as to what constitutes a violation of this provision.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements (“SPAM”) are not allowed in e-mail, and will likely result in account cancellation. SEO Web Designs takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE – If YOU use the services of another provider to promote a website hosted by or through SEO Web Designs (“spamvertising”), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
Customer agrees to indemnify and hold harmless SEO Web Designs, SEO Web Designs’ affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the TOS by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS SEO WEB DESIGNS AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH SEO WEB DESIGNS’ SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM SEO WEB DESIGNS’ SERVER.
DISCLAIMER OF WARRANTIES
SEO Web Designs does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law SEO Web Designs disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an “As Is” basis.
LIMITATION OF DAMAGES
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of SEO Web Designs and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by the customer for three months of service.
SUSPENSION/TERMINATION OF SERVICES
Customer agrees that SEO Web Designs may suspend services to Customer without notice and without liability if:
(i) SEO Web Designs reasonably believes that the services are being used in violation of the TOS;
(ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the TOS;
(iii) SEO Web Designs reasonably believes that the suspension of service is necessary to protect its network or its other customers, or
(iv) as requested by a law enforcement or regulatory agency.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if SEO Web Designs fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail.
The Agreement may be terminated by SEO Web Designs prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows:
(i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement;
(ii) Customer materially violates any other provision of the Agreement, including the TOS, and fails to cure the violation within thirty (30) days of a written notice from SEO Web Designs describing the violation in reasonable detail;
(iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the TOS more than once, or
(iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement.
Customer shall pay SEO Web Designs $50.00 reinstatement fee if service is interrupted following a suspension of service under this subsection.
(v) upon (0) days notice if customer’s check is returned unpaid. Customer shall pay SEO Web Designs $50.00 reinstatement fee if service is interrupted following a suspension of service under this subsection. In addition customer shall pay SEO Web Designs $50.00 returned check fee.
Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you violate our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts violating our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.
Customer shall pay SEO Web Designs a $50.00 reinstatement fee if service is interrupted following a suspension of service under this subsection.
REQUEST FOR CUSTOMER INFORMATION
Customer agrees that SEO Web Designs may, without notice to Customer,
(i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that SEO Web Designs believes violates applicable law, and
(ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Customer agrees to maintain a current copy of all content hosted by SEO Web Designs. SEO Web Designs DOES NOT provide back up services.
CHANGES TO SEO WEB DESIGNS’ NETWORK
Upgrades and other changes in SEO Web Designs’ network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. SEO Web Designs reserves the right to change its network in its commercially reasonable discretion, and SEO Web Designs shall not be liable for any resulting harm to Customer.
Notices to SEO Web Designs under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
SEO Web Designs shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond SEO Web Designs’ control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on SEO Web Designs unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without SEO Web Designs’ prior written consent. SEO Web Designs’ approval for assignment is contingent on the assignees meeting SEO Web Designs’ credit approval criteria. SEO Web Designs may assign the Agreement in whole or in part. This Agreement together with the Order and TOS constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
All files stored on SEO Web Designs’ servers must be legally-owned and be accompanied with a valid license and/or copyright. This includes and is not limiting to MP3, AVI, MID,MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.
CANCELLATION OF SERVICE
SEO Web Designs reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by SEO Web Designs if we enforce our right of cancellation. Any violation of policies which results in extra costs will billed to YOU.
PROMOTIONAL RATES & SPECIAL OFFERS
SEO Web Designs may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not effect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
We have various special promotions that include a domain name. The cost of this domain name is usually covered by the first months payment. As a result of this our promotions are not refundable and are not covered by our 30-day money back guarantee.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through SEO Web Designs’ services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use SEO Web Designs or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the SEO Web Designs network. If YOU use a domain name in connection with SEO Web Designs or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the SEO Web Designs network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. SEO Web Designs will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
IP ADDRESS OWNERSHIP
SEO Web Designs shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by SEO Web Designs. SEO Web Designs has, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
SEO Web Designs reserves the right to refuse service to anyone. YOU may only use SEO Web Designs server and products for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: “Pirated Warez”, OGG, AVI, MPEG, ISO, “Hacker programs or archives”, “Copyrighted Digital Movie Copies (DIVX)” and “Unlicensed MP3″. The designation of any materials as such described above is left entirely to the discretion of SEO Web Designs management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that SEO Web Designs may disclose any and all YOUR 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.
Daisy Chain Link Building Program
The daisy chain link building system is a powerful tool for building link authority. The daisy chain is offered as a monthly service. SEO Web Designs shall maintain and control ownership of all domains purchased for this service. In an attempt to keep the cost of this service as low as possible, SEO Web Designs will place Google adsense ads on all of the domains used in the daisy chain service. By using this service you agree that all revenues from these Google adsense ads are the sole property of SEO Web Designs.
5 Day Money Back Guarantee
You are entitled to claim our 5 day-money back guarantee on qualifying products providing you meet the following requirements.
- You must make your claim during the first 5 days of using our services
- You are subject to our terms of service and acceptable usage policy
Our special promotions are excluded from our 5-day money back guarantee. If a domain name was included as part of the plan the value of this domain name will not be refundable. You will however be compensated for the rest of the cost.