Website Terms & Conditions

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Website Terms & Conditions 2017-06-07T16:02:27+00:00

Below are standard components that applied to every every website design and development project and any website and/or email Web Services platform we provide. Please check back often for updated service terms.

BUSINESS AGREEMENT

PAYMENT STRUCTURE

  1. As our customer, you have the power and ability to enter into the business detailed on behalf of your company, organization, or as an individual. By making the required
    [xxxxxx] down payment of [xxxxxx], you are agreeing to the work in this estimate, and you are agreeing to the entire terms of it. The remaining balance payment structure for this project will be as follows: remainder of balance [xxxxxx] due upon development’s completion.
  2. You agree to the payment details of this contract. Your website will not be live for all to see until full payment, as detailed, has been made. Your down payment is considered your agreement to fulfill the work detailed and is not refundable. You may stop progress on this project at any point. However, you will be responsible for billings on all work up to that date. 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.
  3. Upon your website launch date, it is covered under your selected Web Services plan and is free for 60 days from your website launch date. Your Web Services plan will renew each month for a monthly fee of [xxxxxx] or an annual fee of [xxxxxx]. Web Services plan fees are subject to change. Unused portions of your Web Services plan are not refunded.
  4. This project’s fees are based on known requirements and may rise or fall due to unforeseen changes or requests in the project.

CONTENT/REVISIONS

  1. Unless otherwise determined, you agree to provide us with what we need to complete the project by [A DATE TO BE DETERMINED] including text, images and other information, and in the required format.
  2. You agree to review our work and provide final approval in a timely manner. You will also be bound by any dates that we set together. Any deadlines that are not met may be subject to additional charges for work involved in the administration and development of your project. Any missed deadlines will also require new deadlines be set for any remaining deadlines at that point. [DEADLINE STRUCTURE TO BE DETERMINED]
  3. The fees detailed in this document are based on the number of days we estimate we will need to accomplish everything from our pre-estimate consultation. It is common for the scope of a project to change after it is started, and we aim to be as accommodating with these requests as possible. If you do want to make changes to the project after agreeing to this contract, those details can be negotiated in a fluid manner, and will be subject to additional charges.

WEB SERVICES PLAN

  1. Your website’s ongoing 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/. We reserve the right to suspend or terminate our Web Services.

COPYRIGHT/LIABILITY

  1. You guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website 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 we license it to you for use on only this project as part of your 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, and will be subject to additional fees in any potential transfers.
  4. We can not guarantee that the functions contained in any website page or in a completed website will always be error free, 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. Any mailing list larger than 2,000 addresses will require a dedicated server or VPS hosting solution from us. Note: Dividing one large list into smaller lists to get below this limit is not allowed.
  3. Email we host is not designed for large CPU and processing use and should not be used in mass newsletter mailings.

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.) IMPORTANT: 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 crashing the server.
  2. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.
  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. No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat! Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.
  5. 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.

TERMINATION OF SERVICE

  1. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may 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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