termsofservice


SRC Web Design TERMS OF SERVICE

Acceptable UsePolicy.

As a provider of web site hosting and other Internet-related services, SRC Web Design (hereafter "SRC") offers its customers (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. SRC respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, SRC reserves the right to take certain preventive or corrective actions, in order to protect these competing interests and to prevent abuse. In order to protect these competing interests, SRC has developed an Acceptable Use Policy ("AUP"), which supplements, explains and becomes a part of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using SRC services. This AUP will be revised from time to time and customer agrees to abide by any such amendments that may be posted from time to time. Should customer decline to agree to any such amendments, customer agrees to E Mail his or her disagreement to SRC and accept cancellation of his subscription. There will be no pro rated refunds of any amounts paid should a subscriber exercise its right to cancel the subscription or services offered.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that SRC cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive or of questionable veracity Because SRC cannot monitor or censor the Internet, and will not attempt to do so, SRC cannot accept any responsibility for injury of any type which its subscribers may suffer resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that SRC does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over SRC's network and may reach a large number of people, including both subscribers and non-subscribers of SRC, Subscribers' postings to the internet may affect other subscribers and may affect SRC's goodwill, business, reputation or operations. For these reasons, subscribers violate this policy and Service Agreement when they, their agents, customers, affiliates,employees or subsidiaries engage in the following prohibited activities:

A. SPAMMING: defined as sending unsolicited bulk and/or commercial information over the Internet. This is not only harmful because of its negative impact on consumer attitudes toward SRC, but also because it can overload SRC's network and disrupt service to other SRC subscribers. Also, maintaining an open SMTP relay is prohibited. If SRC receives any complaints, an investigation shall be conducted. Any account, which is using or sending SPAM will be shut down. In addition a $250.00 charge for violating this policy will be charged to the person or entity initiating the SPAM. SRC reserves the right to prosecute for this violation. A$1.00 charge per E Mail to the person who is issuing the SPAM will be assessed should SRC choose to pursue and prosecute.

B. AUDIO/VIDEO STREAMING:

1. At this time the hosting agency we use has placed no limits on bandwidth. Therefore the streaming of audio or video content is permitted. Should Hostmonster.com, or CertifiedHosting.Com (our hosting agencies ) in the future change their policy, this may have to be altered and SRC reserves the right in such event to cease allowance of audio and video streaming. Veryserv.com another one of our hosting agencies does limit the bandwidth of our server to 1000GB. In the event that your site causes SRC to incur fees or penalties by using excessive bandwidth on any of our Veryserv.com servers SRC reserves the right to cease allowance of audio and video streaming and bandwidth and to pass the cost of any fees or penalties received from Veryserv.com as a result of said excessive bandwidth usage onto the customer.

2. OTHER VIDEO SERVICES. At present SRC uses BlueDroplet.com for its video services. In the event such company ceases to either offer video services or becomes subject to any bankruptcy proceedings, SRC cannot be held responsible for any interruption or termination of video services.

C .ADULT-ORIENTED CONTENT: SRC does not allow adult content and will suspend and/or terminate any offending account.

D. LARGE FILE POLICY: SRC is not for file hosting and distribution. Customers or subscribers may not host any files larger than 50 MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to. ISO, audio/video files, and .EXE files. If you are unsure whether your file is against this policy, please e-mail support@SRCwebdesign.com. Repeated violations will result in suspending or terminating the offending subscriber's account and perhaps additional charges for termination.

E. OBSCENE SPEECH OR MATERIALS: Using SRC's network to advertise, transmit, store, post, display or otherwise make available child pornography and the like, or obscene speech, or material which may violate existing laws and hate crime statutes is prohibited. SRC is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

F. FORGING OF HEADERS: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message is prohibited.

G. ILLEGAL OR UNAUTHORIZED ACCESS TO OTHER COMPUTERS OR NETWORKS: Accessing illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also any activity that may be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan or other information-gathering activity). This conduct is prohibited and may be subject to termination of the offending subscriber's account.

H. DISTRIBUTION OF INTERNET VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE ACTIVITIES: Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system or equipment.

I FACILITATING A VIOLATION OF THIS AUP: Advertising,transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

J. EXPORT CONTROL VIOLATIONS: Exporting encryption software over the Internet or otherwise, to points outside of the United States.

K. USENET GROUPS: SRC reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates this AUP.

L. OTHER ILLEGAL ACTIVITIES: Engaging in activities that are determined to be illegal, including, but not limited to, advertising,transmitting or otherwise making available ponzi schemes, pyramid schemes,fraudulently charging credit cards and pirating software.

The primary responsibility for avoiding harmful activities described above rests with the customer or subscriber. SRC will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with SRC AUP or applicable law. However, if and when SRC becomes aware of harmful activities as listed above, it may take any action to stop the harmful activities, including but not limited to, removal of giving notices and demand to cease such activities, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by SRC, including cancellation of or the off ending subscriber's account with SRC. Termination of any account of an offending subscriber will result in a $50.00 cancellation fee and in addition SRC will notify the property authorities of the offending actions.

SRC is aware that many of its subscribers are themselves providers of Internet services and that information reaching SRC's facilities from those subscribers may have originated from a customer of the subscriber or from another third party. SRC does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. SRC may, however give notice to its subscriber that the AUP is being violated by the customer of the subscriber and if the subscriber does not take action, SRC reserves the right to directly take action against a customer of its subscriber. In addition if such violations are flagrant and repeated, SRC may take action against the subscriber because of the activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. SRC anticipates that subscribers who offer Internet services will cooperate with SRC in any corrective or preventive action that SRC deems necessary.

TERMS OF SERVICES.

We welcome you as a subscriber to our services at SRC. The following terms are a part of the contract between you and SRC and we urge you to read and become familiar with the terms above and below:

SUPPORT. SRC has included a website to aid you with support of your web hosting experience (http://SRCwebdesign.com/support). We regret that SRC is not set up and/or able to provide any live support to our subscribers. We do feel that the support site links we have provided will aid you in most cases to respond to questions of support.

REPRESENTATIONS: Only the principals of SRC have the authority to bind SRC to any contractual promises or undertakings. Salesmen do not have such authority to bind the company. Salesmen are trained in the company policies of SRC, but once in awhile may misunderstand all such policies. Salesmen are not authorized to state policy, promise services which are not authorized by the company of SRC or offer discounts in pricing of any type. Should any salesman offer any of the above which has been stated to be prohibited, we encourage and invite subscribers to contact us at the website (service@SRCwebdesign.com)on our brochure in order that corrective measures be taken with the salesperson in question.

In order to offer you the best possible service and to insure company quality control compliance, it is understood that many of the presentations for the promotion and sale of our product shall take place through a web conference presentation. We use Mikogo.com, a free web service. THIS IS TO INFORM YOU that we may record the video of the web conference presentation and by subscribing to our service, you are consenting to the recording of this web conference presentation. Our procedure is to send you an email with the meeting ID required to be imputed by you to enter the meeting. You will be requested to reply to the email with your name and the sentence "I Agree" to signify consent to the recording of the presentation solely for quality control and verification purposes.

BILLING: By the account activation date each month, SRC shall either:

(1) debit the client's credit card (when such information has been provided by the client); or

(2) deliver, by email or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the subscriber, payment shall be remitted to SRC by no later than the specified payment due date. SRC shall be entitled to immediately terminate this agreement for subscriber's failure to make timely payments. Subscriber will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the subscriber's responsibility to ensure that subscriber shall have sufficient credit to cover this transaction. In the event that there is insufficient credit SRC will send an email notification, at which point the subscriber will have to provide SRC with another credit card account number within 24 hours of the said email notice. If no response is so given within the 24-hour period, the account, and all accounts under that account plan, will be suspended.

SERVICE FEES: Certain services carry a setup fee charged by SRC to the subscriber, which must be paid by the subscriber in order to have use of said services. If subscriber terminates this agreement, subscriber shall be responsible for any and all outstanding fees owed to SRC at the time of termination and agrees to pay any and all fees incurred by the subscriber. Because the services are provided on a monthly basis, the subscriber will be responsible for service fees incurred each month, regardless of when subscriber provides notice of termination. For example, if the subscriber provides notice of termination on the 15th day of a particular month, the subscriber will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

REFUND POLICY: We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be issued. No refunds are issued for setup charges, add-on charges, domain registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit. SRC, however, offers a 24 hour money back guaranty. If subscriber is dissatisfied for any reason with our services you will be entitled to a prompt refund of all amounts subscriber has paid to us. In order to effectuate such refund subscriber MUST notify us either by email or telephone. Without receiving such notice in the 24 hour period, there will be no refunds whatsoever.

SERVER UPTIME GUARANTEE. SRC guarantees 99% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.

ACCOUNT DE ACTIVATIONS: Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.

CANCELLATION BY SUBSCRIBER. SRC requires 30 days notice for a cancellation. SRC does not refund partial monthly fees to accounts.

DISCLAIMER: It is understood by SRC and subscriber that certain equipment, routing,software and programming used by SRC are not directly owned or written by SRC. SRC currently hosts through Hostmonster.com, CertifiedHosting.Com, and VeryServ.Com (hereafter "Our Providers"), companies which have been researched by SRC and have been determined to be quite reliable to date. However, SRC cannot be responsible for any liability in the unlikely event that through act of G-d, hackers, complete power failure, armed insurrection or any other circumstances beyond the control of SRC that files may be deleted, lost or if one or all of Our Providers seek bankruptcy protection. Therefore SRC cannot assume liability and subscriber agrees that SRC will not be liable for any system downtime, crashes or data loss. SRC cannot be held liable for any predicted estimate of profits which a subscriber would have gained if their site was functioning. SRC holds no responsibility for the use of our clients\' accounts. This disclaimer of liability covers not only direct damages, but any and all consequential damages which may arise from SRC servers going off-line or being unavailable for any reason whatsoever or for claimed damages resulting from the corruption or deletion of any web site from one of SRC Studios\' servers. All damages shall be limited to the immediate termination of service and a refund of the prior month\'s service charges. Further, although SRC has taken precautions against hacking, SRC cannot and will not be responsible to any subscriber whose site is hacked.

Further,it should be understood that the rates quoted to customers by SRC have taken into consideration the current amount being charged to SRC by Our Providers which have been relatively stable. In the event that one or all of Our Providers raise their rates over those currently in existence, the increase will be passed on to the subscriber and billed through the credit card on file with SRC.

It should be noted what SRC is not. SRC is NOT a custom website designer. SRC offers a variety of pre-completed websites for the subscriber to choose from, but SRC will not custom design any of these sites for any subscriber.

SRC does offer custom design and development packages at 1, 4, and 8 hour increments. Customers who purchase one of SRC Web Designs custom design and development packages will work with our developers and designers to decide how to best apply the 1, 4, or 8 hour development package purchased. Once the time have been used toward the development and or design of the customers website the customer may need to purchase an additional design and development package if they would like to work with our design and development department to make further changes or updates to their site. In the event that their is any time left over from the customers design and development package the customer can use the time to make additional changes or updates to their website within 30 days after the original purchase of the design and development package.

REGISTRATION OF DOMAIN NAME AND ERRORS DUE TO SUBSCRIBER MISINFORMATION. SRC will register a domain name for subscribers in the name of the subscriber. SRC will use the credit card given at the time of registration to pay the initial fee for such registration. Thereafter it becomes the subscribers sole and exclusive responsibility to renew such domain name. Subscriber hereby grants permission to SRC to so use their credit card for the sole purpose of paying the fee for the securing of the registration of the domain name for the initial registration.

After subscriber has purchased one of the SRC packages, they will be directed to complete 3 or 4 easy steps to complete their set up. Subscriber as part of this process will submit their billing information domain name or email account information. If such information is incorrect, subscriber will not be able to change it later and SRC will not be liable or responsible for such errors made by the subscriber. Therefore subscriber is urged to check and double check all such information submitted to SRC to ensure the accuracy of such information.

PRIVACY STATEMENT: SRC has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.

We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.

Our site uses an order form for subscribers to request services (128 bit encryption). We collect sensitive information which is used only for our purposes. No third party receives any type of information from us. Contact information from the order forms is used to get in touch with the subscriber when necessary.

Billing information that is collected is used to bill the user for services. Unique identifiers are collected from Website visitors to verify the user's identity. Demographic and profile data is also collected at our site. We use this date to tailor our visitor's experience at our site showing them content that we think they might be interested in and displaying the content according to their preferences.

SECURITY: This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.

THIRD PARTIES: Information collected on this site is strictly for our use. NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH AS BILLING INFORMATION, ETC. The only exceptions would be if we were ordered to obey a Court Ordered subpoena or search warrant or any other lawful judicial proceedings.

CONTACT INFORMATION: If you have any questions about this privacy statement, the practices and policies of this site, or your dealings with this Web site, please contact us at support@SRCwebdesign.com

Privacy Policy