Website Terms & Conditions

/Website Terms & Conditions
Website Terms & Conditions 2017-09-25T12:42:02+00:00

Last updated: Sept. 25, 2017

  1. Please read these terms carefully. By using our services, you acknowledge that you have read and understand these terms and agree to be bound by these terms and all policies and guidelines incorporated in these terms. If you do not agree to be bound by these terms in their entirety, you may not use the services. Please check back often for updated service terms.
  2. Right Eye Graphics LLC reserves the right, in its sole discretion, to change, modify or otherwise alter these terms, or any policy or guideline applicable to the services, at any time.
  3. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revised terms on this site, and your continued use of the services after such time will constitute your agreement to be bound by such modified terms. You should occasionally review the terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the services. The terms will always show the last updated date at the top.
  4. If you do not agree to the modified terms, you must stop using the services. You can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation).
  5. Any ongoing services for websites are part of our Managed Web Services (former Protection Plan services have been dissolved and no longer apply, and have been rolled over into Managed Web Services plans).

Managed Web Services

  1. Your website’s ongoing Managed Website Services will correspond with your level of need and investment — and are designed to scale along with potential growth and increased traffic and resources needed to keep your website stable. More details are available at righteyegraphics.com/website-design-ashland-kentucky/.
  2. We take reliability and security seriously, and put a great deal of effort into ensuring that our service operates properly, and that it is a secure environment for your data. We use what we believe to be premium hosting services and security technologies and services that we believe provide you with a secure and safe environment. However, no system is perfectly secure or reliable. The internet is an inherently insecure medium, and the reliability of hosting services, your internet service provider, and other service providers cannot be assured. When you use our Managed Web Services, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
  3. Your Managed Web Services plan is not a guarantee that additional billable work will not be needed at any given point to keep your website optimized and functioning properly. Work outside the scope of your Managed Web Services plan is billed at a rate of $75 per hour, in 1/2 increments. You will be notified ahead of work performed when the work is billable outside your Managed Web Services plan.
  4. You are required to optimize resources used as part of your Managed Web Services. This includes but is not limited to images, documents and other files uploaded as part of a content management system. Resources that are not optimized may be removed from your website, with or without notice.
  5. We reserve the right to change the terms of, suspend or terminate our Managed Web Services at any point. If we do suspend or terminate services, reasonable attempts will be made to communicate these changes to you via email and/or mail.

Copyright/Liability

  1. You guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in your website(s) are either owned by you, or that you have permission to use them.
  2. When we receive your final payment, copyright is automatically assigned as follows: You own the graphics and other visual elements that we create for you for this project. You also own text content, photographs and other data you provided, unless someone else owns them. We own the XHTML markup, CSS and other website code and is for use on only this project as part of your Managed Web Services plan.
  3. Any materials you provided that were used in the creation of this website may or may not be made available to you.
  4. We can not guarantee that the presentation and functions contained in any website page or in a completed website will always be error free and/or render as desired or that server access will always be available, and so we can not be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other website pages, or any email or other server-related errors, even if you have advised us of the possibilities of such damages.

Email Limits

  1. There is a 250 outgoing email hourly limit per domain. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again.
  2. Email we host is not designed for large CPU and processing use and should not be used in mass newsletter mailings or billing processes.
  3. Google’s Gmail for business is recommended for all email hosting services. Learn more at https://gsuite.google.com/products/gmail/.

Emailing Lists Rules

  1. Any time you’re sending a message, no matter how large your e-mail list is, you must throttle it. We recommend you throttle it to at the very least sending 1 email every 16 seconds. (Sending 1 every 16 seconds would send 225 emails within 1 hour, keeping you below the 250 outgoing email limit.) Anyone who causes the server’s load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended for excessive server resources.
  2. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam, and will suspend or terminate any account determined to be spamming, with or without notice.
  3. Any mailling list must comply with all guidelines set forth by the United States government. These can be found at: 
business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business.
  4. Disable IDLE for IMAP: The majority of mail clients employ a function called IDLE (otherwise known as IMAP push) to get new email notifications as quickly as possible. Unfortunately, this process can sometimes generate errors or other failures that result in connections to your server that use up your processes and generate large amounts of CPU usage. If your email clients use the IDLE function with IMAP you are required to disable it.

Billings

  1. Any billings not paid within 30 days of the billing issue date will incur a 5% administrative penalty on the billing total each month it is not paid and will face legal collections after reaching a stage of 90-days past due.

Termination of Service

  1. We reserve the right to change the terms of, refuse or terminate ongoing Managed Web Services at any point. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner will be removed from our servers (or otherwise disabled), with or without notice.
  2. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
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