Website Design & Hosting Terms and Service Agreement

Affordable Web Design, Inc. provides Internet World Wide Web page website design, hosting, e-commerce and e-mail services. Affordable Web Design, Inc. has certain legal and ethical responsibilities regarding the use of its computer network and equipment involved in these services.

Affordable Web Design, Inc.'s general policy is to act as a neutral provider of hosting the web sites; however, we reserve the right to suspend or cancel a customer's access to any or all services provided by Affordable Web Design, Inc. when we decide that the account has been inappropriately used.

Specific Acceptable Use Policies

Unauthorized use of other people's accounts or computers

Affordable Web Design, Inc. may take preventive measures, including changing the access password, in the event there is any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking or security hole scanning.

Any unauthorized use of accounts or computers by an Affordable Web Design, Inc. customer, whether or not the attacked account or computer belongs to Affordable Web Design, Inc., will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action.

Affordable Web Design, Inc. reserves the right to cancel service at any time. All technical support queries must be made by using our 24/7 Technical Support system at: www.24hourwebsupport.com

Commercial advertisements with e-mail

Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation.

Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.

Sending a message to a group, especially an advertisement, is considered spamming unless the individuals have specifically requested to be added to a mailing list on that topic.

Abuse of Unlimited Traffic and Unlimited Storage

The intention of Affordable Web Design, Inc. is to provide a large space to serve web documents, not an offsite storage area for electronic files. All web pages (html) must be 'linked' with files (.gif, .jpeg, .exe, etc.) stored on Affordable Web Design, Inc.'s spaces.

Payment Policies

All accounts are billed in advance and service fees are non-refundable. All pricing is guaranteed for the term of pre-payment. Affordable Web Design, Inc. reserves the right to change prices at any time. Credit card orders that are on a "quarterly" or "yearly" basis will be charged automatically to the card number on file. If for any reason the card does not clear with the bank on three attempts, the account is subject to suspension. Any account not brought current within a week of e-mail notice or exceeding this time frame in any way is subject to suspension. Renewal of account or re-setting up of email or web services may require a new setup fee. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Affordable Web Design, Inc. in writing for a request for termination of services. Checks returned unpaid (NSF) will be assessed a $35 charge. All payment is in U.S. currency.

Lawful Purpose

Affordable Web Design, Inc. reserves the right to refuse service to anyone. Customers may only use Affordable Web Design, Inc.'s service for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Affordable Web Design, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Affordable Web Design, Inc., its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Affordable Web Design, Inc. against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Affordable Web Design, Inc.'s server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Affordable Web Design, Inc.'s server.

Disclaimer/Limitation of Liability

Affordable Web Design, Inc. will not be responsible for any damages your business may suffer a arising from or relating to your use of the Site or any goods or services provided by Affordable Web Design, Inc. or obtained in any manner through or in connection with the Site. Affordable Web Design, Inc. makes no warranties of any kind, expressed or implied for services we provide. Affordable Web Design, Inc. disclaims any warranty or merchantability or fitness for a particular purpose. Without limiting the foregoing, Affordable Web Design, Inc. shall not be liable for loss of data resulting from delays, non delivery, wrong delivery, or any and all service interruptions caused by Affordable Web Design, Inc. or its employees. Affordable Web Design, Inc. reserves the right to revise its terms, conditions and acceptable use policy at any time.

Without limiting the foregoing, Affordable Web Design, Inc. shall not be liable to you or your business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, weather for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage. Each party hereby waives an claims that these exclusions deprive such party of an adequate remedy.

Notwithstanding any other term or provision of this agreement, Affordable Web Design, Inc.'s liability to you or your business for any cause whatsoever, whether arising under this agreement or otherwise, shall be limited to the amount paid by you to Affordable Web Design, Inc. under this agreement within the one year preceding the event (or last in a series of events) which gave rise to the claim. Direct damages subject to this limit shall be your sole and exclusive remedy. All claims for damages must be asserted within one year of the event (or last in a series of events) to which they relate or be forever barred.

The provisions set forth above allocate the risks under this agreement between the parties. Affordable Web Design, Inc.'s Pricing reflects the allocation of risk and limitation on liability specified herein. You agree that this allocation and limitation are not unconscionable or unenforceable.

Affordable Web Design, Inc.'s Website Design and Programming Terms, Conditions and Service Agreement

These are general terms unless otherwise specified within the signed contract. Client agrees these terms once he/she signs the web design esrtimate/contract.

Completion and Delivery.

Affordable Web Design, Inc. and the client must work together to complete the website in a timely manner.
The content and pictures of the web pages will be supplied by the client. Product web pages, products, or photos will be calculated for actual time spent at the hourly rate of $85.00/hour.
Content: If the client does not supply Affordable Web Design, Inc. the content for all web pages contracted for within 30 days of the date this contract was signed, the entire amount of the contract becomes due and payable. In the event such contents are not delivered within 30 day period, Affordable Web Design, Inc. may declare the client in breach of the contract and retain all fees advanced as liquidated damages.
Change/Revision Requests. Affordable Web Design, Inc. will publish the web pages after each draft for online delivery and inform the client. If the client does not send any update/change requests within 7 days of online delivery, work is deemed as accepted by the client. Change/revision requests must be sent by email. Change/revision requests to already submitted text, image and content may incur additional cost. Therefore, please send us your final content and text. Time required to make substantive changes to client-submitted text after the webpages have been constructed will be additional, billed at the hourly rate of $85/hour.
Assignment of Project and Usage of Web Applications Software.
Affordable Web Design, Inc. reserves the right to assign subcontractors to this project and utilize third party web applications, software and hardware to insure the right fit for the job as well as on-time completion.

In no event will Affordable Web Design, Inc. be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Affordable Web Design, Inc. has been advised of the possibility of such damages. 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.
Copyrights and Trademarks. The client represents to Affordable Web Design, Inc. and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Affordable Web Design, Inc. for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Affordable Web Design, Inc. and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Affordable Web Design, Inc. and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
In the event of collection of a past due account through court or collection agency, the Client agrees to pay attorney fees, court fees, collection agency fees, or any fees and costs incurred for such collection in full.

Disclaimer Please Note:

Affordable Web Design, Inc. is not responsible for typographical errors on any page of the www.affordablewebdesign.com website. Prices are subject to change without notice. Please hit the browser's "refresh" button to see the latest prices.