Web development/design, hosting Terms and Conditions Acceptable Use Policy: This agreement represents the complete agreement and understanding between Marty Designs and the account holder (hereinafter called Customer) and supersedes any other written or oral agreement. Upon notice published on-line via: www.martydesigns.com, Marty Designs may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered. If you do not agree to these terms and conditions, please notify our office at 1-336-674-9399 so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute your approval. 1. Marty Designs makes no warranties of any kind, whether expressed or implied, for the service it is providing. Marty Designs also disclaims any warranty of merchantability or fitness for a particular purpose. Marty Designs will not be responsible for damages the Customer suffers. This includes but not limited to loss of data and or digital images resulting from delays, non-deliveries, miss-deliveries, or service interruptions caused by its own negligence, Customer's errors, non-payment for services rendered or omissions, or due to the fault of third parties. 2. Services provided to the Customer by Marty Designs may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. Marty Designs reserves the right to remove any and all materials that infringes on copyrighted work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement. 3. Customer agrees to defend, hold harmless and expeditiously indemnify Marty Designs from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service. 4. Marty Designs accounts cannot be transferred or used by anyone other than the Customer. Customers may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this Policy. Customer may allow ftp access to its server and host Web sites for its Customers without violating this Policy. Network bandwidth charges in excess of allocated amount will be assessed from access log reports generated by the HTTP server. 5. Hosting: Marty Designs services are based on a three-month or yearly pay cycle. It is the responsibility of the Customer to abide by the terms so stated on the Customer invoice statement: DUE UPON RECEIPT. Marty Designs shall grant the Customer a 10-day payment window for the receipt of US funds. In the case of client cancellation, unused fees are non-refundable, this includes the three-month or yearly pre-paid fees for hosting services. Customer is responsible for contacting Marty Designs 30 days prior to the end of three-month or yearly hosting cycle to cancel. If Customer decides to wait until the end of three-month or yearly hosting cycle to cancel, Customer is responsible to pay for the next three-month cycle billing. Marty Designs reserves the right to cancel service for any reason without prior notice. Disk space is the total amount of fault tolerant SCSI storage allocated from the server(s) SCSI disk drive system to store all of your Web site's files. This includes all html files, pictures and asp files that are needed for the site. When you exceed your allotted disk space your account is automatically upgraded to the next higher plan and billing. 6. Any and all setup fees are not refundable.    Once agreement contract is signed all payments received by Marty Designs are non-refundable. 7. At the time of account cancellation for any reason, the Customer will be notified in writing to the last known address provided to Marty Designs. 8. Additionally, CUSTOMER agrees not to utilize the Marty Designs service, equipment or email address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or eight or more newsgroups in a single day. CUSTOMERS responsible for violating this clause of the Marty Designs Acceptable Use Policy will be fined $25 per recipient. Payment by CUSTOMER under this provision shall not prevent Marty Designs from seeking other legal remedies against CUSTOMER. 9. Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware") and services which send unsolicited advertisements. 10. Marty Designs requires that its agreements be made with a person who is qualified to contract. As such, Customer must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. Marty Designs cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age. 11. Customer shall ensure that its use of Marty Designs network services shall not disrupt Marty Designs, its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilized by a Customer, Marty Designs reserves the right to place CPU process limits on the Customer's account to prevent disruption of service to other Customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any Marty Designs user or to any directly or indirectly attached network. Use of Marty Designs connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Marty Designs shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of Marty Designs service, Marty Designs equipment or any site hosted on any Marty Designs network. 12. Customer warrants that any material submitted for publication on Marty Designs does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. Marty Designs reserves the right to remove any and all materials, which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement. 13. If Marty Designs becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant that the work has been copied and that use of the work is not defensible. With this information in-hand, Marty Designs, at its discretion, may at any time deny access to the challenged material of Customer. 14. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies. 15. For all new domains, there is an initial domain name registration fee. Marty Designs will automatically pay this fee on your behalf. We will notify you by both Email and US Postal Service when your domain name is due for renewal. It is the sole responsibility of the Customer to acknowledge and react to this correspondence. These fees will appear on your invoice unless prior arrangements have been made with our main office. If you have an existing domain name registered it is the customers responsible to make payment to the registrar for any renewal fees. 16. Use of Marty Designs hosting services could involve listing Customer's participation in relevant directories, and Customer expressly grants permission for such listings. 17. Although all hosting plans permit data transfer, each plan is subject to a surcharge in the event usage exceeds the allotted bandwidth for that plan. The Customer is responsible for charges related to bandwidth exceeding the plan's allotted data transfer. 18. If you believe that your work has been copied in a way that constitutes copyright infringement by a Marty Designs Customer, you must first provide Marty Designs in writing, who can be reached by the US Postal Service at: Marty Designs PO Box 36 Climax, NC 27233 Any party seeking to report any other potential violations of this Agreement may contact Marty Designs via e-mail at abuse@martydesigns.com 19. Transferring your domain and or hosting to another provider does not constitute canceling your Marty Designs account or ownership of any work product and or source code. You must notify Marty Designs in writing 30 days before your next billing cycle to formally cancel your account with Marty Designs to avoid further charges. Marty Designs can be reached by the US Postal Service at: Marty Designs PO Box 36 Climax, NC 27233 19. Ownership; Work Product. Customer acknowledges and agrees that ownership of all source code, software and material developed and produced by Marty Designs in connection with any Web design/development project shall remain with Marty Designs and shall NOT be deemed "works-for-hire". If you are transferring your hosting and/or Web development/design to another provider Marty Designs specifically reserves and maintains the right to develop, modify and sell derivative works and/or similar products relating to the work produced by Marty Designs. These provisions shall not apply to any content supplied by Customer. Upon payment in full to Marty Designs of all amounts due on the account, Marty Designs will grant the hosting and or domain name transfer. 20. On occasion, Marty Designs may have a need to communicate with its Customers through e-mail issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the Customer to check e-mail sent to the primary login e-mail address on the account. 21. It is the responsibility of the Customer to contact Marty Designs of any changes to their account, such as phone number, address, credit card information, etc. Customers will be required to provide verification for security purposes authorizing them to make any changes to that account.
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