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W4 Designs Legal Information
Definitions
  • 'Company' means W4 Designs of Macon, GA..
  • 'Customer' means the Customer of W4 Designs.
  • 'Services' means web hosting, domain name registration, web development and other advertised services provided by the Company either in the direct or indirect control of the Company.
  • 'Website' means: A website and all associated files and not limited to source code, scripts and database information.

Acceptable Use Policy
Acceptable Use Policy below defines the actions which the Company considers to be abusive, and thus, strictly prohibited. The examples named are non-exclusive, and are provided solely for guidance to the customer. If you are unsure whether any contemplated use or action is permitted, please contact us and we will assist you.

General Conduct
Customers are prohibited from sending any material to the Company that is, in the Company's sole discretion, unlawful, obscene, threatening, abusive, libelous, contains nudity, erotic or other sexually orientated material or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law. Certain exceptions (artistic nudity or site contents considered offensive to general audience) are site contents as explained, agreed and expected by us to receive for the Customer's site contents are acceptable.

The Customer is responsible for keeping his billing data with the Company's up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers is illegal and may subject the offender to civil or criminal liability.

E-mail and other types of Internet-based message distribution.
The Company has zero tolerance for Unsolicited Commercial Email ("spam") that is in any way associated with the Company, its clients, or any of its client's associates. Customers are prohibited in anyway whatsoever from using "spam" as a means of advertising data or services to distribute such materials.

Infringements of this policy include, but are not limited to: Sending mail to users who have not specifically requested to receive such mail, including opt-out mailing lists; Sending, being involved in sending, or employing a third party to send mail which advertises or mentions a site hosted at the Company to users that have not specifically requested this mail; Forging of message headers to mask the originator of the message; Spoofing.

The Customer will be held responsible for the actions of its employees in this matter, so it would be best for you to implement a similar or stricter policy. Please review the information at http://spam.abuse.net for more information on what constitutes "spam" harassment, whether through language, frequency, or size of messages, is prohibited.

Please do not flood our email with porn, jokes, cartoons and other frivolous email. Unnecessary email only wastes space, bandwidth, and our time which will delay completion of your website or other work.

Backups
The Company will try to keep backup copies of the Customer's data which is located on any of the Company's hard drives or disks. The primary purpose of which is for the restoration of the Customer's data in case the data gets corrupted, lost or needs to be changed or moved. The Company gives no warranties to the accuracy of backup data should restoration of such data be required. Notifying us of any modifications to your files by anyone other than us would allow us the opportunity to update the backup files. If you do not opt for site maintenance, we cannot be expected to have the latest copies of your files.

Domain Name Registrations
The Company will assist the Customer in registration of domain names as requested by the Customer. The Company does not give any warranty or representation to the Customer that the domain name application will be successful.

Payments
Payment for Services up to $500 (US dollars) must be paid in full before work begins. Payment for Services over $500 (US dollars) will be paid in two installments. The Company requires the first payment (50% of estimated cost) before work begins, and the final payment upon completion unless stated otherwise. Any other payment arrangements must be approved by us before work commences. Any account in arrears of more than thirty days is subject to late fees without notice.

Once creation of work commences and the Customer continues requests for work, a legal, binding agreement has been made between the Customer and our Company. The Customer is obligated to pay for work completed regardless of whether it is used or not.

Prices
The Company reserves the right to change its prices at any time. The estimated cost of the work is the expected price plus any amendments. Any changes to the original agreement that requires extra work will be billed separately.

Cancellation
The Company reserves the right to withdraw services at any time. Reasons for cancellation may include bad payment history, bad customer reputation or behavior, no time or developers available, or other reasons.

Customers may withdraw the agreement in writing the same day of payment without charge. Withdrawals made after one payment but before the next results in forfeiture of payment since the Company will be performing the services and deserves payment.

Privacy Policy
The Company is committed to ensuring that the Customer's privacy is protected. If you order services from the Company, the Company will need to obtain some personal information about you, which is stored on the Company's computer systems. The Company needs to know your name, email address or other address where you can be contacted, your telephone number and details of your company if applicable. This information is required to allow us to process your order and to provide you with the best possible service.

The Company will not share or distribute your information to third parties unless necessary to perform the requested services.

You can check the information the Company holds about you by contacting us. The Company will delete or amend any inaccurate information.

By contacting us to order a service, you consent to the use of the information provided therein as set out in these terms and conditions of use. If the Company changes the terms and conditions of use, the changes will be posted on this page so that you may be aware of them and you will be given a chance to ask that your information will not be used for the changed purposes.

We will not pass your details on to any other organization unless required to do so by law. We will only contact you by email in relation to the services about which you have inquired or purchased, and to provide you with information which may improve our service to you.

Indemnity
The Customer agrees that it shall defend, indemnify, save and hold harmless the Company from any and all demands, liabilities, losses, costs and claims, including all reasonable legal fees, 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 representatives. (1) any injury to person or property caused by any products sold or otherwise distributed in connection with the Customer's services; (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 via the Customer's services.

Complaints
The Company takes complaints very seriously and will try to deal with any complaints within five working days. Please contact us stating the nature of your complaint. Please include your name, web address (url), and as many details as possible. Please do not call numerous times and yell at the person who is trying to help you. Emails are preferred, but if you must call, please do so at appropriate hours as listed on the contact page of this website.

Limitations
Except in respect of death or personal injury caused by the Company's negligence, or as expressly agreed in writing between the parties, the Company shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement, for any loss of profit or any indirect loss, damage, costs, expenses or other claims (whether caused by the negligence of the Company, its servants or agents or otherwise) which arises out of or in connection with the provision of the Service or its use by the Customer.

The Company will not be liable for any loss or damage caused by the Company or its employees or agents in circumstances where (1) there is no breach of a legal duty of care owed to the Customer by the Company or its employees or agents; (2) such loss or damage is not a foreseeable result of such breach.

The Company reserves the right to revise these terms at any time without due notice.

These Terms and Conditions do not affect the Customer's statutory rights.

   
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