Terms and Conditions
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
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
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
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
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
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
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
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
Marty Designs PO Box 36 Climax, NC 27233
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
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.