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Terms and
Policies |
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Belize Web Design has been building web sites for
over 7 years, and knows that small business needs
good service and reasonable pricing. Our
packages include hosting, design, email, updates
and marketing. We do not nickel and dime our
clients. We just give great service.
Contact us today. |
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Return To
Main Page |
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Disclaimer &
Policies:
Please be sure that you understand and agree to all of our Policies and
Terms.
Microsoft® is a registered trademark of Microsoft
Corporation and Active Channel™, Active Desktop™ FrontPage 98, 2000 ,
2002, FrontPage 2003, Publisher 98, the Active Channel Logo, Active Desktop Logo,
Microsoft FrontPage Logo and Microsoft Internet Explorer Logo are trademarks
of Microsoft.
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Terms
For the purpose of simplification and ease of
understanding the information contained within this document we wish to
define the following. belize-web-design.com, northwestcustomwebs.com,
nwcustomhosting.com, nwdomains.com, will refer to itself as an entity,
BWD, LLC Web Services,
Owned by Cutting Edge Enterprises, Inc. of Washington state. Our client(s) or client(s) refer to
individuals or entities that purchase our products or services. Our user(s)
or user(s) refers to any person or entity that uses our web content,
products or services or the web content, products or services of our
clients.
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By accessing, browsing and/or using this
Web site ("Site"), you acknowledge that you have read, understand, and agree
to be bound to these terms of service ("Terms") and to comply with all
applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY
DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE
READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, do
not use this Site. |
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Disclaimer
BWD, in no manner a subsidiary,
partner or affiliate of Microsoft® Corporation.
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BWD, LLC can not and will not be held liable or accountable in any manner
for any claims arising from use or any loss due to the use of any content
posted by us or our clients that are hosted through our services.
BWD, LLC can not and will not be held liable or accountable for any
loss of data or content posted by users or clients. We will make every
effort in our power to insure that all of the following policies and rules
are followed and adhered to. |
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Policies &
Rules
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BWD will not allow or tolerate our users or clients to post or
publish any content that contains anything that we feel is offensive,
obscene, pornographic, prejudiced, terrorist, illegal, threatening, or
against any State Law or any against any Federal Law. |
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Web site content may
not reference or contain instructions of any type on how to produce any
illegal instrument of destruction or controlled substance. In other words no
instructions for making bombs, silencers, illegal drugs, chemical warfare
devices and etc.
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BWD will not
allow or tolerate our users or clients to harass, insult or abuse our
employees, affiliates or contract services in anyway.
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Web site content may
not contain any unlicensed software, graphics or materials of any type or
that is not legally copyrighted by the web site owner or not considered to
be public domain, unless otherwise authorized by the copyright owner. In
other words we will not allow pirating of any materials or software.
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Any violations of the
above mentioned rules will constitute in the removal of offending content or
the complete site without any prior notice to the web site owner, clients
and/or users until such violations are corrected and approved by
BWD.
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BWD reserves the right to refuse service to anyone at any time for
any reason. We will not discriminate against anyone because of race, creed,
color, religious beliefs, age, gender or any other reason that is provided
within the scope of Federal Law or the Laws of the State of Washington
concerning discrimination.
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Our prices are subject to change at
any time and without any prior notice. |
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Excess disk
space charges are $5.00 per 15mb per month based on the 4th highest daily
total in a calendar month. Excess fees are assessed monthly on or
about the first day of the month, or periodically during the month in the
event overage is excessive.
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BWD reserves the right to publish its list of clients. By request,
clients may ask to be removed for purposes of security or private reasons.
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BWD reserves the right to host, design or market any company,
business or person that meets our policies.
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BWD reserves the
right to refuse services to anyone or business discriminating against any of
its employees.
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BWD will purchase domains for web design and hosting clients,
however will be the property of BWD till funds are verified.
Credit card clients must wait 6 months from the purchase date before
release. Domains will not be released in the event of non payment or
default of funds on a account and will remain the property of BWD. Clients will be responsible to renew Domains purchased
and released to clients after 1 year. It is also the responsibility of
the client to request transfers and renewals to BWD
once they qualify to the above policy.
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Any applicable setup fees and especially
those intended for Internic registration are not refundable for any reason.
This is because these fees are charged to our account by our provider and
they do not offer refunds once the account has actually been submitted to
Internic.
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If our rates should decrease, active site
rates will also decrease effective from the date of the price reduction on.
Decreases in prices will be credited to the following billing cycle and are
not refundable as a monetary refund.
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Discount specials are non refundable.
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Web design projects require a deposit and
signed paperwork before work can begin. |
Payment with credit cards will require a
signature card that must be signed and returned before project can be
started or completed.
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The only exception to the above will be
design fees. Should our design fees be lowered, the amount originally paid
will be final. In other words, if you buy web design today and we later
lower our design fees for the same design you will not receive credit for
the design fees paid.
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Our setup fee is not
refundable for any reason once the domain name has been submitted to
Internic for registration. This registration process is subject to begin
immediately after you place an order. So please be sure that this is what
you wish to do prior to placing an order with us.
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Children and people of
all races, cultures, religions and mental capacities will be surfing the
content contained within these web sites. Do not make it offensive or
dangerous for them or we will shut you down!
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Resellers must also follow and agree with the following
policies
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Any account that becomes 30 days behind in
funding will be contacted for collection, accounts past 60 days will be shut
down. Special arrangements or terms may be requested and agreed to by
BWD administration. Accounts showing a pattern of late
payments will be stopped after the 30 day mark.
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In the event of default of account, BWD will retain ownership of all software, domains or files.
Use of collection agencies and credit reporting will also be exercised.
Current site will be shut down as collection processes are activated.
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Design accounts; BWD reserves the
right to refuse adding products, services or listings to sites that have
there own business subject. Example, products to benefit an outside
business or a real estate listing that does not support the agents office or
region.
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Sites designed or rebuild by BWD will contain our logo and contact information on the main page.
This information will be placed in a low position on the main page, so not
to interfere with the web purpose.
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There will be no
refunds of services for sites or content that are removed for violations of
the above rules, policies and terms.
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In the event of any security concerns
discovered by BWD will constitute an immediate shutdown until
clarification or removal of event is settled to the satisfaction of our
staff.
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In connection with your use
of your hosting or design site, you agree you will not:
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a) Transmit any message, information, data, text, software or
images, or other content ("Material") that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, or otherwise objectionable that may invade another's right of
privacy or publicity;
b) Impersonate any person or entity, including but not
limited to, an BWD official, forum leader, guide or host or falsely state or
otherwise misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a
right to reproduce, display or transmit under any law or under contractual
or fiduciary relationships (such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or
corrupted data;
e) Delete any author attributions, legal notices or
proprietary designations or labels that you upload to any communication
feature;
f) Use the Site’s communication features in a manner that
adversely affects the availability of its resources to other users (e.g.,
excessive shouting, use of all caps, or flooding continuous posting of
repetitive text);
g) Post or transmit any unsolicited advertising,
promotional materials, "junk mail", "spam," "chain letters," "pyramid
schemes" or any other form of solicitation or any non-resume information
such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or
international law;
i) Upload or transmit any Material
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
j) Delete or revise any Material posted by any other
person or entity;
k) Manipulate or otherwise display the Site by using
framing or similar navigational technology, or
l) Register, subscribe, attempt to register, attempt to
subscribe, unsubscribe, or attempt to unsubscribe, any party for any BWD
product or service if you are not expressly authorized by such party to do
so.
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Cart 32 Shopping
Carts/Custom Carts: |
In the event a client has decided to
move their account to another server with a custom shopping cart/Cart32
Shopping cart. BWD will copy all files created for the client
and copy to CD or allow client to FTP files to their new server. The
client will have to purchase a full version of MIVA in order to maintain
those files. Custom shopping carts and Cart32 Carts are no longer the
responsibility of BWD once removed from our servers. The new
hosting company, or programmer/designer must have the knowledge and software
to maintain such files.
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Sharepoint Services:
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BWD
cannot guarantee full functionality demonstrated by Microsoft due to
security reasons. BWD will also not be responsible for any loss of
data to any SharePoint Services, but will do its best to recover data if
available form weekly backups.
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Web Design funding
procedures and process:
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The instructions below
are a guide to help the process flow from beginning to end. This covers the
funding process first than the development process second.
Funding Process:
BWD has the
advantage of having a large cliental to allow us to keep our prices within a
common sense range. We have two main charges, the setup and the monthly
maintenance fee.
Setup fee:
To start a project, we require 40% of the setup fee to begin, then another
40% when the site moves to content and the remainder when the site is ready
for marketing. We never use the word “Complete” as a term for final
payment, since a website is never complete.
Maintenance Fee: The maintenance fee normally starts one month after the site is
started. This covers hosting, email, changes, updates and submission
services. Not all services start right away, however the full fee will be
effective.
Redesign
Sites:
The full set-up fee is required for re-design development.
Start Up:
To get started,
BWD must have
all business information and deposit in place. Once that data is recorded,
the next step is setting up the domain, hosting and email systems.
Next is the Graphics
Interview. This process requires working with a graphics designer to
develop the look and feel of your site. When the graphics are approved by
you, the site then moves to Content. Our content team will work with
you to install text, internal pictures and form development. They will also
work with you for Meta Tag data to install on your home page to help the
search engines find your new site. Then the site moves to Marketing.
The site will begin the process of submission services, telling the Search
Engine World that your site exists.
Updates:
Most sites are never complete. Meaning they
need updates and content changes throughout their lifetime. This is your
maintenance package. Only changes like streaming, programming, flash and
large graphic requirement may require extra funding.
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Web Design Bids:
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Web design bids provided by
BWD are not contracts. Bids can be higher or lower than the
original bid, based on frequency of change, request for extra graphic, or
addition of programming requirements.
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All projects are not measured by
completion and remaining funds due to
BWD are due within a
normal 30 day billing cycle, unless special arrangements have been
requested. Priority of work load is determined by percentage of
funding.
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Transfer of domain and domains:
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BWD defines transfer
of domains as complete movement to our domain manager, changing only the DNS nameserver, or allowing a 3rd party company to change the DNS nameserver to
point to our servers. Domains purchased prior to our services are
totally the responsibility of its owner.
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Clients are always responsible for for their
domain to insure contact data is correct or is renewed. BWD will
not be responsible for renewal or loss of domains.
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Account Changes:
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In the event that an client chooses
to change their account from web design to web hosting, all prior funding
must be cleared before account will be released to client. Client must
also setup funding to be one month ahead prior to release to outside
uploading source.
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BWD also will require
a signed written release from account holder approving new webmaster as
uploading person or company. BWD also requires
Accounting/Business information about person and or company uploading to our
servers before release.
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Software Request:
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BWD will not grand administrative rights to anyone on our servers.
Any requested software (Web boards, dll’s, shopping carts, etc.) must be
supplied to our server technician to evaluate and test on a test server.
There is an associated cost for this request with no refund, even if the
software is rejected. Our highest concern is security and
stability of our servers.
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BWD will be the sole arbitrator in settling any disputes or
grievances arising from non compliance with the above terms and policies.
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Verbal or written agreement to do
business with BWD says you are in agreement with the above
policies and disclaimers.
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Submissions & Marketing programs:
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BWD cannot guarantee web site
ratings once a site has been submitted to the search engines. We
cannot control any spam mail that may occur from web submissions. |
Web promotion advertising cannot guarantee
increased sales or services. It is designed to bring site traffic
only. A clients prices, service and products maybe a factor.
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Web promotional advertising must be paid in
advance in order to create internet advertising accounts to support the
program.
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Monthly charges to support web promotional
advertising may be required based on the business subject or requirements of
the client. This new price will be agreed to by both parties before
changed. |
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YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SITE AND THE INTERNET. BWD PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE
SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY, AND BWD SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT
IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU
UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF
WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH
MATERIALS AT YOUR RISK. BWD HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
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LIMITATION OF LIABILITY
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IN NO EVENT WILL BWD BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE.
EVEN IF BWD OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, BWD'S
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
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Indemnification and
Reservation of Rights.
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You agree to indemnify, defend and hold
harmless BWD, its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the Site from and
against all losses, expenses, damages and costs, including attorneys' fees,
resulting from any violation of this Agreement (including negligent or
wrongful conduct) by you or your use and access of the Site.
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BWD reserves the right to release current or
past member or Web site user information if BWD believes that a member’s
account is being used to commit unlawful acts, if the information is
subpoenaed and/or if BWD deems it necessary and/or appropriate.
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Dealings with Third
Parties.
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Your participation, correspondence or business
dealings with any third party found on or through the Site, regarding the
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between you and such third party. You agree that BWD shall not be
responsible or liable for any loss, damage or other matters of any sort
incurred as the result of any such dealings. |
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Information Product Services Marketing Terms
and Conditions


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This Agreement
("Agreement") contains the complete terms and conditions that
apply to your use of Information Product Servives (IPS). As used
in this Agreement, "Information Product Services"we", "us", or
"our" refers to Information Product Services. and "you" or
"your" refers to the person who creates one or more email
mailing lists ("Lists") and corresponding accounts using the
Services, and performs the administrative functions of the
Lists. The Services are offered to you conditioned on your
acceptance without modification of this Agreement. Your use of
the Services constitutes your acceptance to this Agreement.
Modifications of Terms and Conditions:
We may modify any of the terms and conditions contained in this
Agreement, at any time and in our sole discretion, by posting a
change notice or a new agreement on our Website located at
www.belize-web-design.com or any such successor Website. You
are responsible for regularly reviewing these terms and
conditions. Continued use of the Services after any modification
shall constitute your consent to such modification. We do not
and will not assume any obligation to notify you of any
modification to the Agreement. If any modification is
unacceptable to you, your only recourse is to terminate this
Agreement.
Limitations On Use:
You agree that you have the full authority and right to enter
into this Agreement and that you are at least 18 years of age.
You also agree that you will not use the Services to transmit,
disseminate or upload:

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Unlawful, harassing,
libelous, tortuous, abusive, threatening, or obscene
communications of any kind.

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Materials that infringe or
violate any third party's copyright, trademark,
trade secret, privacy or other proprietary or
property right, or that could constitute a criminal
offense, give rise to civil liability or otherwise
violate any applicable law or regulation.

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Objectionable materials,
including without limitation, content that contains
blatant bigotry, racism, or hatred, or that promotes
illegal activities or physical harm against anyone.

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Spam, chain letters, junk
mail or any other type of unsolicited mass e-mail to
people or entities who have not agreed to be part of
such mailings.

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Viruses or other harmful,
disruptive or destructive files.

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Content containing nudity
or pornographic material of any kind to people under
age 18, or to anyone on lists that are not limited
to people age 18 or older.

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You further
agree: (a) that you will not disrupt or interfere
with another user's use or enjoyment of the
Services; (b) that you will not use or attempt to
use another person's or entity's account, service or
system without authorization from the owner, nor
will you disrupt or interfere with the security of,
or otherwise abuse, the Services, system resources
or accounts, or any servers or networks connected to
the Services; (c) that you will not attempt to
obtain unauthorized access to Services, or to
private lists on the Services; (d) that you are
solely responsible for your actions in relation to
Services, and for any communications transmitted
under your account; (e) that you will not forge
header or address information or otherwise
impersonate another or create a false identity; (f)
that you will not systematically extract, collect or
harvest, through electronic means or otherwise, any
data or data fields, including without limitation,
lists, list owner identities, or email addresses,
from our Webs ite; (g) that you will not disrupt the
normal operations of the Services or cause any
substantial change in the usual content or frequency
of emails sent using the Services; (j) that you will
comply with all laws relating to the transmission of
technical data or software exported from the United
States; and, (k) that you will comply with all
applicable local, state, national and international
laws and regulations, including without limitation
those related to privacy and data collection. You
agree that we may in our sole discretion remove any
material that appears to violate any of the
foregoing, and may immediately limit or terminate
your account or access if it appears you have
violated any of the provisions as described herein.
Fees and Payment Terms
You hereby authorize us to charge your credit card
in advance for the applicable email campaigns you
sent incurred by you or on your behalf in connection
with your use of the Services during the term of
this Agreement. Such base price will be
automatically charged to your credit card until this
Agreement is terminated and your account canceled,
regardless of List or account activity.
Term of the Agreement
The term of this Agreement will begin upon your
first use of the Services and will end when
terminated by either you or us as described herein.
We may terminate this Agreement at any time, with or
without cause, and with or without notice. In the
event that you would like to terminate this
Agreement, you will need to send such notice of
termination via email to bemail@belize-web-design.com.
Your termination of the Agreement will be effective
upon the last day of the month in which we received
such notification.
Information Product Service
We shall have the right to communicate with you via
email, receipt of which by you is considered by
Information Product Services essential to our
provision of service. You may unsubscribe from such
communication at any time.
Disclosure of Information
We will not disclose personally identifiable
information about you or your private communications
(i.e., content transmitted on private, non-public
lists) to third parties, without your permission,
unless we believe such disclosure is reasonably
necessary to: (1) comply with the law or legal
process; (2) protect or defend our rights or
property or that of others; (3) enforce this
Agreement; (4) respond to claims that the contents
of any communications violate the rights of others;
or (5) as otherwise provided in the Agreement. From
time to time, we will disclose aggregate user
demographic data to third parties. We may access
your Lists and related communications for technical
processing and to address technical problems or
service complaints.
Proprietary Rights
We will not sell, trade, rent, lend or give email
addresses that you supply us to anyone else for any
purpose, nor will we use the addresses you supply us
for any purpose other than supplying the Services to
you. It is understood that it is possible that some
of the addresses you supply us may already be on
lists that we own and that we have the right to mail
to such addresses.
We do not claim ownership of the materials you
provide to us for purposes of using the Services and
which were created by you or on your behalf. By
transmitting such materials for distribution to your
Lists, you grant us a worldwide, royalty-free, and
non-exclusive license to reproduce, modify, adapt
and publish such materials solely for the purposes
of providing the Services to you.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF
THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT
MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR
REQUIREMENTS, OR THAT THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR
THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH USE OF THE SERVICES. YOU UNDERSTAND AND
AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES
IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THA T RESULTS FROM
THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE, SHALL Information Product
Services OR ITS PARENTS, SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE
USE OR THE INABILITY TO USE THE SERVICES OR FOR THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY
MEANS OF OR THROUGH THE SERVICES, OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS
SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU
AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE TO
DELIVER, HOLD OR STORE EMAIL TRANSMITTED THROUGH THE
SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES,
YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE
SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY
NOT APPLY TO YOU.
Without limiting any of the foregoing, we are not
responsible for any of your materials and data
residing on our network hardware. You are
responsible for backing-up your materials and data
that may reside on our network hardware, whether or
not such materials and data are produced through the
use of the Services. It is your responsibility to
take the necessary steps to ensure your primary
means of business is maintained. In no event will we
be liable to you for more than the actual dollar
amount that you paid for the use of the Services
during the term of this Agreement.
Indemnification
You agree to indemnify, defend and hold harmless
Information Product Services, its parents,
subsidiaries, affiliates, officers, directors,
employees, agents, and suppliers, and their
respective affiliates, officers, directors,
employees, and agents, from any claim, action,
demand, or damage, including reasonable attorney's
fees, made by any third party arising out of or
related to your use of the Services or your
violation of this Agreement, including without
limitation the infringement by you or any other user
of your account, of any intellectual property or
other right of any person or entity. We may, at our
sole discretion, assume the exclusive defense and
control of any matter subject to indemnification by
you. The assumption of such defense or control by
us, however, shall not excuse any of your indemnity
obligations.
General
This Agreement shall be governed by and construed in
accordance with the laws of the State of Illinois,
without giving effect to its conflict of laws
provisions. You agree that you will bring any claim
or cause of action arising out of your use of the
Services or this Agreement in the courts located
within the county of King of WA. .and you
also agree to submit to the personal and exclusive
jurisdiction of those courts. You agree that any
claim or cause of action arising out of your use of
the Services or this Agreement must be filed within
two weeks after such claim or cause of action arose
or it shall be forever barred, notwithstanding any
statute of limitations or other law to the contrary.
If any provision contained in this Agreement is
determined unenforceable, then such provision will
be severed and replaced with a new provision that
most closely reflects the intent of the original
provision, and the remaining provisions of this
Agreement will remain in full for ce and effect. No
waiver of any provision of this Agreement shall be
effective except pursuant to a written instrument
signed by us waiving compliance, and any such waiver
shall be effective only in the specific instance and
for the specific purpose stated in such writing. You
agree that no joint venture, partnership,
employment, or agency relationship exists between
you and us as a result of this Agreement or your use
of the Services. You shall not assign this Agreement
or any right, interest or benefit under this
Agreement without our prior written consent. This
Agreement sets forth the entire agreement between
you and us, and supersedes any and all prior
communications and proposals, whether electronic,
oral or written, between you and us with respect to
the Services. A printed version of this Agreement
and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings
based upon or relating to this Agreement to the same
extent and subject to the same conditions as other
business documents and records originally generated
and maintained in printed form.
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Our
Mission:
To keep Web Design
affordable with full service and outstanding Marketing. Real
service and personal support.
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