Terms of Use - 9/10/10
This site is owned and operated by SiteDesignWorks ("SDW"), a division of
Serbin Communications, Inc. We hope to foster an agreeable, long lasting relationship
with our clients.
In order to protect both our parties, we post our Terms of Use policy for
your information. These terms apply to your access to, and use of, the site
and services provided herein. By using our site and services, you consent to
the terms of this Policy.
Copyright
All logos, media, designs and code used in presenting this
website and all code and media used in presenting client websites to the
public is the property of SiteDesignWorks ("SDW").
By signing up for our services, you agree that all Predesigned websites are copyrighted
material and may not be duplicated or recreated outside of the SDW hosting servers.
All artwork, logos, text and other content copyrighted to you remain your
sole property. Upon discontinuing a hosting contract with SDW, all material
for which you own the copyright will be permanently removed from the SDW servers
after a period of no more than one year in order to ensure those rights
are reserved. If you wish to have your materials removed from our server immediately
upon cancellation, please inform us at the time of cancellation.
If you believe that any content on this site infringes upon your copyrighted
material, please contact us immediately by email.
Signing Up for Services
In order to sign up for website services with SiteDesignWorks, you must complete
a Hosting Contract which requires the voluntary submission of personal information
(Please see our
Privacy
Policy for details), and you agree to keep this information current.
By signup up, you represent that all information you
provide in the Hosting Contract is complete and accurate.
In order to signup for our services you must be 18 years of age or older.
By signup up, you represent that you are over 18.
We reserve the right to refuse service to anyone at any time.
ACCEPTABLE
USE
By signing up for our services, you shall at all times adhere to these
Terms of Use and to the Verio Acceptable Use Policy located at http://www.verio.com,
as amended from time to time by Verio, effective upon posting of the revised
policy.
You may link to SiteDesignWorks provided such link does not portray us or any of our services in a false or derogatory manner.
SUITABILITY OF MATERIALS
By signing up for our services, you warrant, represent and agree that all content submitted to
SDW is free and clear, will not infringe upon any copyright or violate any
property or personal rights of a third party, or include scandalous, libelous,
or unlawful matter. SDW shall have the right, at its sole discretion, to refuse
to include in a website any materials which it deems unsuitable for display
on pages served to the Internet. SDW shall have the right to interrupt hosting
or request changes to websites that include scandalous, libelous or unlawful
matter.
DISCLAIMER OF WARRANTY
By signing up for our services, you acknowledge and agree that
SDW exercises no control over, and accepts no responsibility for, the content
of information passing through SDW's host servers, network hubs and points
of presence of the Internet.
LIMITATION OF LIABILITY
In
no event shall SDW be liable for any indirect, incidental, special or consequential
damages, or loss of profits, revenue, data or use, suffered by you
or any third party, whether in action in contract, tort or strict liability
or other legal theory, even if SDW has been advised of the possibility of
such damages. In no event will SDW's liability for any damages, losses and
causes of actions whether in contract or tort (including negligence or otherwise)
exceed the actual dollar amount paid by you for the service which
gave rise to such damages, losses and causes of actions during the 12 month
period prior to the date of damage or loss occurred or the cause of action
arose. Some jurisdictions do not allow the exclusion of limitation of warranties
or incidental damages, so that the above limitations or exclusions may not
apply to you. In such jurisdictions, SDW's liability (and the
liability of its affiliates, agents, content providers and service providers)
shall be limited to the greatest extent permitted by applicable law.
FORCE MAJEURE
SDW shall not be liable for failure or delay in performing its obligations
hereunder if such failure or delay is due to circumstances beyond its reasonable
control, including without limitation acts of any governmental body, war, insurrection,
sabotage, embargo, fire, flood, strike or other labor disturbance, interruption
of or delay in transportation, unavailability of or interruption or delay
in telecommunications or third party services, failure of third party software
or inability to obtain raw materials, supplies, or power used in or equipment
needed for provision of the services.
Termination of Services
We are committed to providing you with an enjoyable and fulfilling experience
with our company. However, should you
feel our services are not working out for you for any reason, you may request
termination of your website at any time after your contractual obligation has
been met by contacting us by
email,
phone or postal mail.
We will not automatically cancel your website's recurring billing should
your website become unavailable due to an expired domain name, transferred
DNS, or any other situation that prevents us from normally servicing and hosting
your account. It is your responsibility to cancel your services in a timely
manner with a SiteDesignWorks representative either verbally or in writing.
Updates
We may update or modify this policy in the future. Updates will be noted
in the date at the
beginning of this policy. We encourage you to keep
yourself advised of changes documented here.
Questions or Comments
If you have any comments or concerns, please contact
us via
email.
