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.Service Terms & Conditions
General This agreement explains the terms and conditions governing your use of services made available to you from Web By Les.COM., hereinafter called Web By Les or "We". It represents the complete agreement and understanding between Web By Les and the individual or organization who subscribes to the Service hereinafter called Member or "You".
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your account application and by your use of the Service, you agree to comply with all of the Terms and Conditions set out in this agreement. We may terminate user accounts at any time, without notice for conduct that violates this agreement, or for any other reasons, and may terminate Member accounts and delete any and all Member information for conduct that We believes is harmful to the business of Web By Les or any of its Members, or other party(s). Web By Les reserves the right to modify this agreement at any time, effective upon posting of the modified agreement to this URL: http://www.webbyles.com Members are responsible to read this document from time to time to ensure that their use of the service remains in compliance with this agreement.
2. Service Web By Les provides basic Web Design, Web Maintance, and email Maintance to all customers for the duration of the Service period purchased through Web By Les. Customers who register domain names through other service providers may also have the option of receiving Web By Les services, without any term restriction, upon the payment of the one-time transfer hosting fee.. Members who have registered domain names through Web By Les and subsequently renew with other registration service providers are not eligible to receive Web By Les services beyond the duration of the domain registration period purchased through Web By Les without payment of the one-time transfer hosting fee. Web By Les provides to all Members, Basic Web Design, One (1) Year Maintance, Limited to Two (2) Hours Per Month , Renewed Each Year for $150.00. Per Package requested at time of sign up. Services are provided on the basis of service, facility and equipment availability. We reserve the right not to provide one or more Services where necessary facilities, equipment or services are not available for any reason whatsoever.
3. Transfer Hosting Customers who have registered domain names with other domain registration service providers will be unable to register their domain name as a new domain through the Web By Les service. Such customers wishing to use the Web By Les Service may do so by signing up as a Transfer account and with the payment of the one-time transfer fee. The transfer hosting fee DOES NOT include a transfer of domain registration and it does not extend domain registration term. This fee is a one-time administrative fee charged to clients who do not register their domain name through Web By Les.
4. Services Fees/Charges Fees are due at the time of order or on the day of renewal for Service renewal after the Initial Term and are non-refundable. For use of the Web By Les Service all fees and charges related to an account must be paid in full. In the event that a new domain registration or account optional feature upgrade is requested from Web By Les and payment cannot be successfully processed, the requested domain registration service or upgrade will be declined. In the event that payment cannot be successfully processed for the transfer hosting fee or renewal of an account optional feature, payment declined notices will be sent to Members and will allow 72 hours for clients to rectify the problem before accounts are temporarily suspended due to non-payment. Re-activation service charges will apply. In the event that Members with accounts using optional feature services wish to upgrade their service, the pro-rated value of prepaid fees will be credited towards the upgrade fee. Web By Les strictly enforces a zero tolerance policy for SPAM (unsolicited commercial email). Accounts that have violated our SPAM policies will be immediately suspended from our service. Exceptional situations may permit Members to continue using Web By Les Service however service charges will apply. Current service charges include (but not limited to) fees for: transfer (Price Quoted) account re-activation( $35.00) late payment ($45.00) plan change (downgrade) ($35.00) chargeback ($45.00) SPAM re-activation ($60.00) Web By Les reserves the right to modify service fees and rates effective upon posting on the Web By Les website and/or on this agreement. All fees are quoted and billed in US dollars unless otherwise noted. Any returned Checks will be billed a $45.00 Fee. . 5. Payment/Invoices Web By Les uses an non-automated payment processing system and only accepts payment by PayPal, Check, or Money Order at this time. We require that all Members provide us with payment by PayPal, Check or Money Order for account Service fee payment. Web By Les may take any reasonable action to validate your Payment and registration information and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you to the extent allowed by law. Account invoices for all billable Web By Les Service will be available as requested, and copies will be available with a one time processing fee.
Billing inquiries and disputes should be brought to our attention within 15 days of the invoice date. Failure to do so will be deemed to be an admission that the entire contents of the invoice are accurate.
6. Chargebacks/Charge Disputes Billing questions or problems should be directed to us. In the case that chargeback or charge dispute notices are received for Member account(s), any Web By Les Services provided to Member may be immediately suspended pending further investigation and subject to chargeback service charges.
7. Term/Termination Web By Les Optional Feature services are recurring billing where the initial term of the service is ONE TIME unless otherwise noted. Web By Les Services may be terminated and all Member email accounts and website data from our servers under the following circumstances: in the event of non-payment by Member over 15 days from due date a Member is in violation of any term or condition of the Service Agreement a Members’ use of the Service disrupts or could disrupt, Web By Les business operations or affect other party(s) Optional Feature Service cancelled prior to the end of the Term will NOT result in refunds for unused remainders of pre-paid fees. Members may request to cancel their Web By Les accounts at any time without any fees or obligations. Domain registrations purchased through Web By Les cannot be cancelled nor refunded. Domains will remain active until the end of the registration term.
8. Your Responsibilities Members are responsible for maintaining accurate account information at all times including contact information. Such information can be updated by Members By E-Mail, USPS, or Verbal over the Phone. New domain name accounts are also subject to the Domain Registration Agreements of the respective governing domain extension registries; including maintaining accurate registrant data listed in the Whois database. Access to Web accounts and domain ownership is gained via the Member ID and password. Members are responsible for keeping their Member ID and password secure and are advised not to share that information with other individuals. Members are responsible for payment of all purchases made for their account including those made under unauthorized account entry. Web By Les recommends Members to choose difficult-to-guess passwords. Password changes can be submitted by e-mail or Phone. Member use of the Web By Les Service must be in compliance with Canadian and US laws and laws of Member’s respective country at all times. You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, consuming excessive amounts of memory, CPU or bandwidth usage. The following is a non-exclusive list of content and behaviors prohibited by the Web By Les Service: Content that contains or contains links to: nudity, pornography, adult content, sex or foul language; Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not. Content that has been promoted through the sending of unsolicited email (SPAM) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services and/or bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Web By Les account will result in immediate account suspension. Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material. Content or otherwise that exploits children under 18 years of age. Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received. Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party. Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities. Content that posts or discloses any personally identifying information or private information about any third parties without their expressed consent. You agree that you will not (and you will not allow any third party to) partake in the following actions: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Web By Les Service..
9. Privacy The Web By Les Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Members’ personal information and is subject to modification from time to time. Changes are effective upon posting of the modified agreement.
10. Service Interruption Web By Les or Hosting Server may suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves. Members agree that it may be necessary for us to temporarily suspend our Service for technical reasons or to maintain our network, equipment or facilities. Web By Les will not bear any liability whatsoever for any such disruption to Service.
11. Limitation of Liability The Service is provided on an "as is" and "as available" basis and use of the Service is at Members’ own risk. Web By Les makes no representations or warranties, either expressed or implied, with respect to the Service or any service or information provided through the Service. It is Members’ responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information of the Service. The respective directors, officers and employees (collectively, in this paragraph, "Web By Les"), are not responsible or liable to you or third parties for any claim, loss, damages, liability or expenses you or others may suffer or incur as a result of, arising out of, or in any way connected with the Service, any use of it or interruption in it, or Web By Les/Server equipment, whether through act or omission, negligence or otherwise. Without limitation, Web By Les is not liable for any incidental, special, consequential, punitive, aggravated or exemplary damages, or loss of use, data, business, income or profits, even if Web By Les has been advised of the possibility of such claim, loss, damages, liability or expenses by you or others. You assume all responsibility and liability with respect to mistakes, omissions, interruptions, errors, defects, delays in operation or transmission, or any failure of performance. The limitations on liability contained in this Agreement will survive the termination of this Agreement. Your Indemnification of Web By Les You shall indemnify and hold Web By Les and its directors, officers and employees harmless against all claims, loss, damages, liability or expenses that we may suffer or incur, directly or indirectly, arising out of, resulting from or in connection with your use of the Service. Indemnification includes, but is not limited to, claims by third parties, the installation, presence, maintenance, and removal of any and all equipment, the violation by you of the Agreement in force from time to time, and legal fees, disbursements and all other reasonable costs incurred by Web By Les in connection with any legal, collection or other proceedings brought by us against you related to this Agreement.
12. Force Majeure Web By Les will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay of service provisioning.
13. Unenforceable Provisions If any part of these Terms and Conditions are found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.
14. Governing Law The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the laws of the United States of America without reference to its conflicts of laws principles. You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the United States of America for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
15. Age of Majority Web By Les does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this agreement on your behalf.
16. Waiver No waiver of any of the provisions of these Terms and Conditions will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
17. Entire Agreement These Terms and Conditions represent the complete Agreement and understanding between us with respect to the Web By Les Service and supercedes any other written or oral agreement.
18.Optional Feature Service are, but not limited to the following:
Photo's scanned $1.75each Custom Graphics $20.00 per labor hour Additional pages $50.00 Photo Framing $2.00 per Photo Photo Thumb Nails with link to larger photo $5.00 CD Burning up to 100 Photo's $125.00 (CD Burning includes cleaning up photo's and sizing )
Extra Maintance Hours can be purchased in advance at $100.00 for two(2) hours extra per month per one year.( Maintance Hours Do Not Carrie over to next month or year)
We will travel to take photo's for you, the rate is $20.00 per Hour (Photo Rate) + $.80 per mile travel fee. We will fill a disk up with pics for your review.
Will quote price to take over Maintance of an existing web site
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