T AGT V1.0 – UPDATED JULY, 2013
Custom A. Design LLC will deliver the agreed upon services as declared in the “New Account” confirmation at the time of purchase subject to the following Terms of Service (hereafter referred to as TOS).
I. HYBRID SOLUTIONS SUBSCRIPTION
A. Custom A Design LLC will provide new subscribers with a pro-active month to month; one year subscription of the Hybrid Solutions web product and service upon account activation and payment.
II. 100% MONEY BACK GUARANTEE
B. Money Back Guarantee
Custom A. Design LLC offers subscribers a “30 Day Money Back Guarantee”. The subscriber may request a refund (not to include over usage and domain registration) within but not exceeding 30 days of initial sign-up by sending an email to support@http://customadesign.com and/or via our customer portal in the “support ticket” section.
C. Refunds for Domain Registrations
Custom A. Design LLC utilizes an industry standard Third Party Registrar for domain name registration. Payment for new domains cancelled within but not exceeding 24 hours after placing the order will be refunded. This refund is not applicable to domain renewals. If you cancel our service you will retain ownership of your domain name for as long as you continue to renew the domain. Domain renewal may be done through us or through the Registrar.
III. 99.5% UP-TIME GUARANTEE
Custom A Design LLC guarantees your website will be up and running 99.9% of the time during any 12 month period inclusive of network, server, web server and service up-time. Our guarantee does not cover periods when we have no direct control such as: backbone provider failures, fiber optic main line cuts, DNS or Registrar issues with subscriber’s domain name, routing issues between subscriber location and our data center or if the service interruption was caused by acts of God, wars or other events beyond our control. Customers under our Hybrid Solutions program are eligible to request credit for any unforeseen issues that may have occurred by sending an email to support@http://customadesign.com and/or via our customer portal in the “support ticket” section.
IV. USE OF WEBSITE
A. Age Requirements on Purchases
We currently do not have age requirements for purchasing our services through our website or over the phone.
B. Provisions on Intellectual Property
All content provided within or via this site is protected by US and international copyright, patent and intellectual property laws, trademark regulations and international agreements. No intellectual property contained within or via this site may be copied, published, reverse engineered, decompiled, exchanged, traded or broadcast without written permission from the content owner.
C. Prohibition of Offensive Behavior
Custom A. Design LLC may terminate your Hybrid Solutions service without giving prior notice for what it deems improper, threatening or offensive communication.
V. “FAIR USE” RESOURCE ASSIGNMENT
Custom A Design LLC provides unlimited amounts of disk space and/or other resources such as bandwidth transfer, email or FTP accounts. Our resource allotments are optimized and dedicated toward serving web documents and self-need email / FTP services and are not to be used as offsite storage for electronic files or as a provisioning service for third party email or FTP hosts. Illegal content such as pirated software, music or other media are not allowed on our servers.
We utilize dedicated servers to host our customers and resource allocation is carefully managed to ensure optimum performance of your website. Any single account is entitled to utilize the server resources up to what is allotted or by what is physically available. Should resources become scarce we may initiate limits on users of the affected machine to preserve the effectiveness of the service for all users.
If we determine a “Fair Use” breach has occurred, the subscriber may have to remove files from or reduce access to his account. Subscribers will be notified of any actions that Custom A. Design LLC deems appropriate.
VI. SPAM AND UNSOLICITED COMMERCIAL EMAIL (UCE)
Custom A Design LLC prohibits the transmission of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Our customers may not use or permit others to use our network for UCE distribution. Our customers may not host or permit hosting of sites or information advertised by UCE from other networks.
If customers need to send out bulk marketing emails please contact support@http://customadesign.com to inquire about appropriate measures of sending bulk email. This request can also be made inside of your customer portal.
Upon notification of an alleged violation of our SPAM policy, an investigation will be initiated wherein customer access to the network may be restricted to prevent further violations. If a subscriber is found to be in violation we may restrict, suspend or terminate said customer’s account. Custom A. Design LLC may pursue civil remedies to recover costs associated with the investigation of a substantiated policy violation. Law enforcement officials will be notified if the violation is believed to be a criminal offense.
Monthly subscription payments are processed every thirty (30) days upon initial sign up. We provide our customers with unlimited revisions and enhancements which forms part of our Hybrid Solutions program. This business model ensures your website is as up to date all the time.
VIII. FAILURE TO PAY
Custom A Design LLC may temporarily deny or terminate service if the subscriber fails to pay the charges when due. Such termination or denial will not relieve the subscriber of payment responsibility for accrued charges and collection fees if applicable.
IX. WEBSITE ENHANCEMENTS
Custom A Design LLC provides “unlimited” enhancements to our customers. Enhancements include functionality creation or modification of WordPress compatible scripts. Enhancements requests can be made by emailing support@http://customadesign.com or submitting a request via your customer portal. Excluded in our enhancement program is the following:
Scripts or Coding outside of WordPress
Development on third party systems. This refers to development on programs outside of your website subscription
Custom A. Design LLC employs a “fair use” policy for enhancements. Customers shall have unlimited enhancements which will equal but not exceed twenty (20) hours of development a month.
X. ACCOUNT CANCELLATION
An account may be cancelled online through your customer portal or by phoning our customer service hotline (866) 707-0005. Cancelled accounts remain active until the end of the subscription. Cancelled accounts can be re-activated by paying a $200 re-instatement fee or by paying our “buyout” price which is the equivalent to a 6 months (6) subscription upfront or $599.
If you website was cancelled and you would like to re-activate the service a $200 re-instatement fee is required. Once the re-instatement fee has been paid your website and service will be restored within 24 hours.
Custom A. Design LLC may suspend network access if the subscriber’s account is the suspected source or target of a TOS violation. All accounts of the subscriber in question may be deactivated until completion of our investigation. The subscriber may not be credited for the time his machines were suspended if he is found to be at fault. Several TOS violations may result in permanent cancellation of the account without prior notification and backups will not be provided. The subscriber is responsible for maintaining a back up of his data at all times. In some cases law enforcement may be contacted.
Custom A. Design LLC builds custom websites. This means your website has its own unique set of files and database. At times companies may acquire in-house development teams that need access to the site files, the owner of the site may have reasons that would require access to the core-website files and perhaps a self-hosted website is required. In this case, Custom A. Design will compile the source code of the site into a zip file and send a link for download via email. If the customer were to lose the source code he/she can request it to be resent at any time as active backups are in place at Custom A. Design LLC at all times. The buyout price is $1,200 which is to be paid upfront upon request.
XII. SUBSCRIBER ACKNOWLEDGEMENT
The subscriber hereby acknowledges that Custom A. Design LLC shall not be liable for damages arising from circumstances beyond its control. Furthermore, the subscriber agrees that Custom A. Design’s LLC’s liability for substantiated negligence will not exceed an amount equivalent to charges paid by the subscriber for services during the period damages occurred. Custom A. Design LLC will not be liable for any special or consequential damages, loss or injury.
XIII. SUPPORT BOUNDARIES
We do not provide technical support to the subscriber’s customers. Support is only given to the Owner of the account or an authorized representative.
A. IP Address Ownership
Subscriber assigned IP numbers and addresses are the exclusive property of Custom A Design LLC and may be removed or changed at our sole discretion at any time.
B. System and Network Security
Any attempt to violate the security of Custom A Design LLC‘s network or any and all components therein may result in civil or criminal prosecution. These violations include:
Accessing data or logging into a server or account not intended for a subscriber.
Breaching security or attempting to probe, scan or test the vulnerability of a system, network or authentication measure without proper authorization.
Attempting to interfere with service to any subscriber, host or network by overloading; “flooding”, “mail bombing” or “crashing”.
Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Taking any action to obtain services to which a subscriber is not entitled.
XV. NOTIFICATION OF VIOLATION
Any subscriber determined to have violated Custom A Design LLC TOS will receive an email warning and service may be temporarily suspended pending subscriber’s written agreement to refrain from further violations. Subsequent violation will result in termination of service without further notice.
XVI. MISCELLANEOUS PROVISIONS
Subscribers must provide Custom A Design LLC their email address, telephone and fax numbers and other pertinent contact information. We are not responsible for material placed on our network by others or for the content of websites linked to our site.
XVII. DISCLOSURE TO LAW ENFORCEMENT
Custom A Design LLC may disclose subscriber information including IP numbers, account history, account use, etc. to law enforcement officials in possession of a court approved warrant without subscriber notification or consent.
XVIII. LIMITATION OF LIABILITY
The customer agrees to indemnify and hold harmless Custom A Design LLC against loss or threatened loss or expense by reason of the liability or potential liability of Custom A Design LLC for or arising out of any claims for damages. Furthermore, in no event shall Custom A Design LLC be liable for any direct, special, indirect or consequential damages or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of this site or the materials contained in or accessed through this site.
If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
XX. APPLICABLE LAW
This TOS is subject to the laws of the State of Arkansas.
XXI. DATA INTEGRITY
Custom A Design LLC makes regular internal backups of internal system configurations and databases.
XXII. WEB DESIGN SERVICES
A. Approval Process
During the project development process, Custom A Design LLC will provide regular design updates requiring timely customer feedback. The customer must confirm the site is operating as intended. If issues are found it is the customer’s responsibility to report them immediately to Custom A Design LLC for proper correction.
B. Refund Policy
Custom A Design LLC offers its services for an initial non-refundable deposit of $200 and $99.95 monthly. Only if the customer is unsatisfied with the services within the first thirty (30) days shall the deposit be reimbursed. Monthly payments are non-refundable as it covers your monthly upkeep. If an account has been cancelled prior to the customers billing date the customer has the right to a partial refund for that month’s service. Custom A Design LLC is not liable for damages arising from misinformation or misrepresentation.
C. Ownership and Copyright
Upon “buy-out” the customers retains ownership of the website files, content and images associated with the website, however, Custom A Design LLC has the right to showcase said website in its portfolio. An active customer under our Hybrid Solutions program retains ownership of any content they have provided or we have created for them as well as any related images used.