Website Design Packages

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TERMS & CONDITIONS

WEBSITE DESIGN

Authorization
The client is engaging Self Publishing, Inc. as an independent contractor for the specific project of developing and/or improving a website to be installed on the client's web space on an Internet Service Provider's computer. The client hereby authorizes Self Publishing, Inc. to access this account, and authorizes the Internet Service Provider to allow Self Publishing, Inc. with "write permission" for the client's web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes Self Publishing, Inc. to submit their completed website to Web search engines.

Web Hosting
The client understands that any web hosting services require a separate contract with the web hosting service. The client agrees to select a web hosting service which allows Self Publishing, Inc. full access to the website via FTP.

Changes to Submitted Text
Time required to make substantive changes to client-submitted text after the Web pages have been constructed will be additional, billed at a per instance basis unless you have signed up for the website maintenance package.

Copyrights and Trademarks
The client represents to Self Publishing, Inc. and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Self Publishing, 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 Self Publishing, Inc. and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

Copyright to Web Pages
While your site is in development Self Publishing, Inc. owns the Copyright to all pages. Once your site is completed and you have paid the balance of your invoice the copyrights are then transferred to you. The only clause is that Self Publishing, Inc. does not permit you to resell our work without consulting us first.

Assignment of Project
Self Publishing, Inc. reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

Post Placement Alterations
Self Publishing, Inc. cannot accept responsibility for any alterations made by third parties to the client’s pages once placed. Such alterations include, but are not limited to, additions, modifications, or deletions.

Refusal to Service
Self Publishing, Inc. reserves the right to refuse service for any material that the Self Publishing, Inc. feels is not legal, moral or in the best interest of Self Publishing, Inc. but Self Publishing, Inc. is not responsible for the content of any materials.

Errors and Omissions
Self Publishing, Inc. will use good faith to ensure pages authored by Self Publishing, Inc. are free of errors however, Self Publishing, Inc. may not be held responsible for any errors that may arise in the course of authoring any pages. Self Publishing, Inc. does not accept any liability for losses or damages arising from errors within any page or if web search submissions are not accepted. It is the client’s responsibility to proof their own pages for errors and inform Self Publishing, Inc. of those along with any changes in layout requested by the client. This process must begin immediately after the pages are posted to the web host for the client to view. Self Publishing, Inc. will correct minor text changes at no charge for 30 days from the date the site is posted to the web hosts’ server. After 30 days, changes will be charged on a per instance basis.

Payment of Fees
Payment to Self Publishing, Inc. is due and payable on the following schedule. One half upon agreement; the balance when the web pages have been constructed according to the client's original written specifications. Advertising the pages to web search engines occur only after the final payment is made. All payments will be made in US funds. Payments must be made promptly. Delinquent bills will be assessed a $25 charge if payment is not received by the due date. If an amount remains delinquent 30 days after its due date, an additional 10% penalty will be added for each month of delinquency. Self Publishing, Inc. reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process (including all attorneys’ fees and court costs). This agreement becomes effective only when signed by Self Publishing, Inc. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Harford County, Maryland, and any dispute will be litigated or arbitrated in Harford County, Maryland.

Cancellation
Either party may cancel this agreement upon written notification, however any charges incurred to the date of receipt of notification shall be immediately due and payable. Charges shall be for any work in progress, contracted services fees, or software purchases for the purpose to suit the client’s needs.

Legal Notice
Notwithstanding anything to the contrary contained in this contract, neither Self Publishing, Inc. nor any of its employees or agents warrants that the functions contained in this web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of this web design project is with the Client. In no event will Self Publishing, Inc. be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor's computer or internet software, even if Self Publishing, Inc. has been advised of the possibility of such damages.

Links
Self Publishing, Inc. reserves the right to append a small hyperlink to Self Publishing, Inc.’s home page at the bottom of each page unless the client specifically requests in writing, signed & dated by both parties.

Sole Agreement
The agreement contained in this document constitutes the sole agreement between Self Publishing, Inc. and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for six (6) months after both parties sign this contract. Continued services after that time will require a new agreement.

Completion Date
Self Publishing, Inc. and the client must work together to complete the website in a timely manner. If the client does not supply Self Publishing, Inc. complete text and graphics content on all web pages contracted for within four weeks of the date this contract was signed, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within one month after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is advertised.

Initial Payment, Cancellation and Refund Policy:
If the client halts work after this agreement is signed the initial payment will be returned less the amount due based on the current hourly rate for the work completed, or $99.00, the greater of the two. Cancellation must be in writing and is effective upon receipt at Self Publishing, Inc. Notice must be mailed, e-mailed, or faxed to Self Publishing, Inc. Work completed shall be billed the current hourly rate. If at the time of the cancellation work has been completed the client shall be liable to pay the entire contract

The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

WEBSITE HOSTING

Right to Refuse Service
Self Publishing, Inc. reserves the right to refuse services to anyone for any reason. This policy is enforced to ensure a professional and secure environment for all customers on our systems.

Disclosure to Law Enforcement
If we (E-Moxie Data Solutions, Inc.) are required by law to disclose certain information to local, state, federal, national or international government or law enforcement authorities, we will do so. If we receive a subpoena requesting a Client’s information, we will immediately notify the Client of the subpoena in a timely manner to afford the Client the opportunity to take legal action to oppose the subpoena should the Client wish to do so.

Payment of Fees
ALL PAYMENTS TO E-MOXIE DATA SOLUTIONS, INC ARE NON-REFUNDABLE AFTER 30 DAYS & THERE WILL BE NO CHARGE BACKS

For website hosting payment is due on a monthly basis for monthly subscribers or on a yearly basis for yearly subscribers. Payment not made within 60 days of due date Self Publishing, Inc. reserves the right to replace your website with a site down message due to non payment.

For domain names 100% of bill is due upon order.

Refund and Disputes
All payments after the initial 30 days of service to Self Publishing, Inc. are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.

Liability
Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Support Boundaries
Self Publishing, Inc. provides technical support to our clients. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Self Publishing, Inc. provides support related to your server or functioning. Self Publishing, Inc. does not offer tech support for application specific issues such as CGI, JavaScript, PHP or ASP programming, html or any other such issue. Self Publishing, Inc. does not provide technical support for YOUR Clients. If you can email, we encourage you to email support@e-moxie.com for assistance. Any request of technical support warrants the possibility of being charge a system administration fee if the request related to Operating System functionality, software application functionality, customer installed software/scripts, or Control Panel functionality. If a staff member of Self Publishing, Inc. is required to login to your server to provide support, system administration fees can be applied to your account. Charges are applied at an hourly rate and applied to the next billing cycle.

SPAM and Unsolicited Commercial Email (UCE)
Self Publishing, Inc. takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that clients of Self Publishing, Inc. may not use or permit others to use our network to transact in UCE. Clients of Self Publishing, Inc. may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service and/or fines.

Violation of Self Publishing, Inc.'s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Self Publishing, Inc. will initiate an immediate investigation (within 48 hours of notification). During the investigation, Self Publishing, Inc. may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Self Publishing, Inc. may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Self Publishing, Inc. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Self Publishing, Inc. will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $150 per hour that Self Publishing, Inc. personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

As our Clients are ultimately responsible for the actions of their clients over the Self Publishing, Inc. network, it is advisable that Clients develop a similar, or stricter, policy for their clients.

Network

IP Address Ownership:
If Self Publishing, Inc. assigns the customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Self Publishing, Inc., and Customer shall have no right to use that Internet Protocol address except as permitted by Self Publishing, Inc. in its sole discretion in connection with the Services, during the term of this agreement. Self Publishing, Inc. shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Self Publishing, Inc., and Self Publishing, Inc. reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth Usage:
Customer agrees that bandwidth that exceeds the given rate on a monthly basis will pay an "overage" as detailed on the Self Publishing, Inc. website. Self Publishing, Inc. will monitor customer's bandwidth. Self Publishing, Inc. shall have the right to take corrective action if customer's bandwidth is excessive and interrupts service for other customers. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Self Publishing, Inc.’s sole and absolute discretion. If Self Publishing, Inc. takes any corrective action under this section; Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Self Publishing, Inc. may, at its sole discretion, collect a deposit, in an amount determined by Self Publishing, Inc., against customer's credit card on file with Self Publishing, Inc.

Availability:
Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Suspension of Service or Cancellation:
Self Publishing, Inc. reserves the right to suspend network access to any customer if in the judgment of the Self Publishing, Inc. network administrators the customer's server is the source or target of the violation of any of the other terms of this agreement or for any other reason which Self Publishing, Inc. chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's accounts/machines were suspended.

Closing:
Self Publishing, Inc. reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Self Publishing, Inc. must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter terms and conditions policy on your site.