Managed Web Services Terms & Conditions

/Managed Web Services Terms & Conditions
Managed Web Services Terms & Conditions2018-08-10T12:21:28+00:00

Last updated: Aug. 10, 2018

  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 our 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 of this page.
  4. If you do not agree to the modified terms, you must stop using our 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 services we provide for websites after a new development are part of our Managed Web Services (former Protection Plan services have been dissolved and have been transitioned into Managed Web Services plans).
  6. We have a 15 day review period for new website developments, in which time we will make revisions to your website within the scope of its development contract. Changes beyond 15 days are billable, unless they are included in your Managed Web Services package.

Managed Web Services

  1. Your website’s ongoing Managed Web Services will correspond with your level of service need, investment and resource usage. This service is 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 offer 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 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 hour increments. You may or may not be notified ahead of work performed when the work is billable outside your Managed Web Services plan. We routinely attempt to notify you ahead of work done for processes that we deem optional and/or beyond modest billable services.
  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 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 regular mail or phone.

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 development payment, copyright is automatically assigned as follows: We license the graphics and other visual elements that we create for you for this project only. You own logos, graphics, text content, photographs and other data you provide us, unless someone else owns them. We own the website design, XHTML markup, CSS and other website code and we license it to you for use on only this project as part of your Managed Web Services plan.
  3. Any materials you provided us 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.
  5. Any third-party account information we collect and retain in order to do business with you, including account user and password information, you do so willingly and understand the inherit risks involved. We never share this information outside of operations involved with providing you service and you are giving us permission to store this information on our local storage devices, servers and/or third parties we do business with.

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 as part of our Managed Web Services 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 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 due date will incur a 5% administrative penalty on the billing total each month it is not paid, and may face legal collections if they are not reconciled.
  2. Managed Web Services for accounts that have billables more than 90 days past due will be suspended. Reactivation of these accounts will require a $150 fee, plus fees for other applicable work involved with re-estbalishing website files to our servers.
  3. We offer payment options, including check or secure online processing via major credit cards.

Termination of Service

  1. You may terminate your Managed Web Services at any point, and you will owe only for services provided up to the date of termination, and the end of the billing cycle if applicable. To terminate services you are required to contact our office at 606.393.4197, or provide other specified communication means, to verify your account.
  2. 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.
  3. 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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