LEGAL | CM & DORK DESIGN
Terms of Service This is an agreement between you, the client, and CM & DORK DESIGN, the provider. CM & DORK DESIGN provides web development services which are governed by this Terms of Service. CM & DORK DESIGN services are available to individual consumers and businesses, howsoever, as an individual or a representative for your business you or your business must comply with our Terms of Service. Ownership Clause 1) CM & DORK DESIGN may host an account for you, the purchaser (hereafter referred to as the "Account Holder") for the Account Holders chosen domain name for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. The contract will automatically renew at the end of The Term unless otherwise specified by the Account Holder. Once the account cancellation request is received and we process the request as per the account holders consent, the agreement between the Account Holder and CM & DORK DESIGN is officially terminated. We reserve the right to remove the account from the web server at any time thereafter. CM & DORK DESIGN will NOT host the site for any time period left once the cancellation request has been received and processed. It is the Account Holder's responsibility to make sure that they have access to all their files and relevant data before initiating the cancellation request. CM & DORK DESIGN shall not be responsible for any loss of data once the account recurring billing has been cancelled. 2) CM & DORK DESIGN's services are provided on an 'as-is' basis and without warranties of any kind, either express or implied, including but not limited to warranties of availability, merchantability or fitness for a particular purpose. CM & DORK DESIGN expressly disclaims any representation that CM & DORK DESIGN services will be error-free, secure or uninterrupted. No spoken or written information by CM & DORK DESIGN, it's employees or it's stakeholders will create a warranty nor should you rely on any such information or advice. The terms of this Section (Section 2) will survive any termination of this Agreement. 3) The web hosting account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. The intent of CM & DORK DESIGN is to provide space to serve web documents, not as an off- site storage area for electronic files and is governed by our Disk Usage Provision policy. Violations of these or any other provisions of this Agreement may result in termination of the services provided by CM & DORK DESIGN, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of CM & DORK DESIGN based upon the severity of the violation. CM & DORK DESIGN reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of CM & DORK DESIGN's then current Acceptable Use Policy, in the sole and absolute opinion of CM & DORK DESIGN. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless CM & DORK DESIGN from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by CM & DORK DESIGN, (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this Section (Section 3) will survive any termination of this Agreement. 4) Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that CM & DORK DESIGN reserves the right to change the specified rates and charges from time to time. 5) The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. CM & DORK DESIGN will not change passwords to any account without proof of identification, which is satisfactory to CM & DORK DESIGN, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that CM & DORK DESIGN will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will CM & DORK DESIGN be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless CM & DORK DESIGN from any and all Claims arising from such ownership disputes. The terms of this Section (Section 5) will survive any termination of this Agreement. 6) The Account Holder agrees not to harm CM & DORK DESIGN, its reputation, computer systems, programming and/or other persons using CM & DORK DESIGN's services. CM & DORK DESIGN reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by CM & DORK DESIGN are provided on a shared server. In order to keep our servers running at optimal levels, any sites running a process that requires more than 8MB of memory, more than 30 CPU seconds, or uses more than 10% of all available system resources at any time will be required to move up to an Intense Hosting or dedicated solution, or to be hosted elsewhere. In the interests of server performance, CM & DORK DESIGN reserves the right to suspend services until a solution is found. If the Account Holder refuses to comply with this Section, then CM & DORK DESIGN has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless CM & DORK DESIGN and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by CM & DORK DESIGN The terms of this Section (Section 6) will survive any termination of this Agreement. 7) The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of CM & DORK DESIGN. 8) If the Account Holder sells or resells advertising or web space to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. CM & DORK DESIGN has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current CM & DORK DESIGN 9) Account Holder is responsible to monitor all domain transfers, renewal and orders. In the event that an error occurs the account holder must notify CM & DORK DESIGN immediately of the error. In no event shall CM & DORK DESIGN be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal. DELINQUENT ACCOUNTS PAYPAL FEES CREDIT LINK
Refund Policy
Privacy Policy Collection
of Personal Information CM & DORK DESIGN collects this information in order to record and support your participation in the activities you select. If you order a product, for example, the information is used to register your license and rights, if any, to technical support, upgrade discounts, or other benefits that may be made available to registered users. If you enter a contest, information is collected to qualify the entry and contact you regarding the contest or prize awards. CM & DORK DESIGN also uses information that you provide as part of our effort to keep you informed about product upgrades, special offers, and other CM & DORK DESIGN products and services. Your personal information is password-protected to prevent unauthorized access to it. This password is encrypted. We recommend that you do not divulge your password to anyone. We will never use your personal information for commercial reasons of re-selling e-mail addresses, etc. Use
of Cookies Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.) While CM & DORK DESIGN uses cookies to track your visit to chrismuzilla.com, and our Web servers automatically log the IP/Internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provided CM & DORK DESIGN with personal information. Updating
Your Personal Information
Content Policy
Acceptable Use Policy The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. CM & DORK DESIGN reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill. Definition of the Information CM & DORK DESIGN gathers and keeps track of: · Information that users provide through optional, voluntary submissions. These are voluntary submissions to receive our electronic newsletters, to participate in our message boards or forums, to email a friend, and from participation in polls and surveys: · Information CM & DORK DESIGN gathers through aggregated tracking information derived mainly by tallying page views throughout our sites. This information allows us to better tailor our content to readers' needs and to help our advertisers and sponsors better understand the demographics of our audience. Because CM & DORK DESIGN derives its revenue mainly from sponsorships and advertising, providing such aggregated demographic data is essential to keeping our service free to users. Under no circumstances does CM & DORK DESIGN divulge any information about an individual user to a third party. The points apply in our Acceptable Use Policy: 1) The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by CM & DORK DESIGN, CM & DORK DESIGN may terminate the services being provided to the Account Holder. 2) CM & DORK DESIGN will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall CM & DORK DESIGN be liable to the Account Holder for any damages resulting from or related to any failure or delay of CM & DORK DESIGN in providing access to the Internet under this Agreement. In no event shall CM & DORK DESIGN be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of CM & DORK DESIGN under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement. 3) This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A CM & DORK DESIGN account may not be transferred without prior written approval from CM & DORK DESIGN. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the CM & DORK DESIGN services, including any damages resulting there from, until the Account Holder notifies CM & DORK DESIGN's Technical Support. 4) If CM & DORK DESIGN assigns the Account Holder an Internet Protocol ("IP") address in connection with the Account Holder's use of the CM & DORK DESIGN services, the right to use that IP address will remain with and belong only to CM & DORK DESIGN, and the Account Holder will have no right to use that IP address except as allowed by CM & DORK DESIGN in its sole and absolute discretion. 5) This Agreement constitutes the entire agreement between the Account Holder and CM & DORK DESIGN with respect to the CM & DORK DESIGN services and supersedes all prior agreements between the Account Holder and CM & DORK DESIGN. CM & DORK DESIGN's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section (Section 5) will survive any termination of this Agreement. 6) The Account Holder agrees to indemnify and hold CM & DORK DESIGN harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and CM & DORK DESIGN will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement. 7) Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed. 8) Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. Legal adult content is allowed on our network. We do not knowingly host and we prohibit use of our services for the distribution or dissemination of child pornography. We consider "child pornography" to be a visual depiction of a minor (child younger than 18) - or any person explicitly or by implication described to be a minor who is engaged in sexually explicit conduct. Prohibited activities include possession, manufacturing and distribution of child pornography, online enticement of children for sexual acts, child prostitution, and child sex tourism. When we become aware of the presence of child pornography that is on or being transmitted through our network, the associated Web site will be suspended and reported to law enforcement agencies as required by law. 9) Account Holders can receive a refund if account is cancelled within the initial 30 days after sign up. If the account holder cancels after the time period specified, there will be no refund given. We will deduct 5.5% of the total amount (billing processor fee) + $2 (credit card processing fee) before initiating the refund. Refunds do NOT apply to dedicated servers, dedicated IP addresses, SSL certificates or domain registration related fees. Important: If the client cancels within the first 30 days and have registered new domain names with us during this time period, CM & DORK DESIGN will charge the client $8.88 one time per domain name if he/she does not wish to continue with the domain name transfer ($15 per transfer). This is to prevent abuse of our free domain name(s) service. 10) CM & DORK DESIGN may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. 11) If an account holder's account becomes overdue, the account will be suspended. Interest will accrue on the overdue account at a rate of 5% per month until the outstanding balance is paid in full. 12) If an account holder charges back for services rendered, the customers account will be terminated and a $150.00 charge back fee will be added to the amount charged back by the customer. 13) If an account is found to be in violation of the terms of service it will be terminated immediately and all payments forfeited. 14) For closed accounts there is a $25 per incident charge for all inquiries regarding previous services and or support. 15) Backups of new/changed data are made weekly for shared, intense and reseller servers. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and information. A "Backup/Restore" feature is included with each hosting plan and a client can use this tool to back up their files. If loss of data occurs due to an error of CM & DORK DESIGN, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, CM & DORK DESIGN will attempt to recover the data from the most recent archive for a $25.00 fee. 16) Account Holder agrees not to provide free services such as free hosting, free subdomains or free email accounts. Account holders found violating this section will be terminated immediately and all payments forfeited. 17) SSH Access. To request SSH access you need to contact support. Upon receipt of SSH request support will ask that the following be provided: faxed photo copy of a photo ID or the same sent to us through email. Upon completion of said terms user will be granted Jail access to the system on a provisionary basis any misused of the system will result in access being revoke. The use of php or any other means to circumvent this policy will result in immediate account termination. 18) Cancellation. In order to cancel an account with CM & DORK DESIGN, the Account Holder must submit a helpdesk ticket using the Billing Issues category at least 7 working days before the account is due to renew. 19) Right of refusal. CM & DORK DESIGN has the right to refuse services to anyone at our discretion. The following uses of your account are prohibited: * Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software or other intellectual properties, violation of U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.
*This document was last revised on Friday, November 16th, 2007 |