- Web Design Terms of Service
- Web Hosting Terms of Service
Web Design Terms of Service
I. Authorization.
1. The above-named Customer (hereinafter referred to as "Customer") is engaging 1Light Media, LLC. (hereinafter referred to as "1LM"), as an independent contractor for the specific purpose of designing and/or modifying a World Wide Web site (hereinafter referred to as "Web Design or Modification Project") to be published on the Customer's account on an Internet Service Provider(ISP)/Web Presence Provider(WPP) computer, hereinafter refer to as "Hosting Service". This document, (herein referred to as "Terms of Service") serves past, present, and future Web Design Projects or Modifications with 1LM, as well as modifications to Web Design Projects or Modifications 1LM has completed or has been given permission to complete by Customer. The Customer hereby authorizes 1LM to access this account, and authorizes the Hosting Service to provide 1LM and its authorized associates, employees, or contractors, with "full access" to the Customer's account, and any other programs needed for this Web Design Project or Modification that are included as part of the Customer's service agreement/level. The Customer also authorizes 1LM to submit the completed Web Design Project or Modification to major Web Search Engines, to maintain backup copies as well as portfolio copies of work completed by 1LM. The Customer also authorizes 1LM to show appropriate credits of work or service performed by 1LM or its subsidiaries in the form of hyperlink(s) posted on Customer's Web Design or Modification Project linking to 1LM, its corresponding subsidiaries, or authors of work. 1Light Media, LLC. is a privately owned company. 1Light Media, LLC reserves the right to refuse services to any business, individual, or other entity at its sole discretion.
II. Age.
1. The Customer certifies that he or she is at least 18 years of age.
III. Browser Compatibility.
1. Designing or modifying a web site and its inter-working elements to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages and web site designs. 1LM represents and warrants that the web site we design will be compatible W3C.org standards except where custom programming inhibits. W3C is the World Wide Web Consortium which is an organization that regulates and sets the standards of web coding. By ensuring web coding matches W3C standards, it helps provide greater compatibility of client's web site design to browsers and OS platforms:
- We recommend Mozilla.com, which manufacturers the free FireFox web browser.
While 1LM will make reasonable efforts to design a fully-functional web site that is compatible with most major browsers and computer systems, 1LM's warrantee does not cover AOL, text-based browsers, older versions of various browsers, browsers that run off of minority operating systems, cell phones, PDAs, but not limited to the aforementioned.
IV. Accessibility for People with Disabilities.
1. 1LM' standard is to meet at least half the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.
V. Assignment of Web Design Project or Modification.
1. 1LM reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project or Modification to insure that the terms of this agreement are met as well as prompt completion.
VI. Copyrights and Trademarks.
1. The Customer unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to 1LM and its associates, employees, or contract workers for inclusion in the Web Design Project or Modification are owned by the Customer, or that the Customer has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend 1LM and its associates, employees, or contract workers and 1LM and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Customer.
VII. Web Site Maintenance.
1. Pertaining solely to Web Sites built by 1LM from start to finish for Customer, this agreement allows for minor web site maintenance to Web Site Design provided by 1LM to pages over a 6 month period, up to an average of one half hour per regular web page per 6 month period, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guestbooks, discussion webs, navigation structure changes, attempted updates by Customer. The period of 6 months begins on the date the Customer's web design site is available to be published to Customer's hosting service or 30 days from the completion of project, which ever comes first. If the Customer's web design package includes database access using Active Server Pages (ASP), PHP, CGI, MySQL, then very minor page code changes will be accepted under this web site maintenance plan, major page code and/or database structural changes will be charged at then hourly rates.
Any other maintenance required must be purchased at an hourly rate. Web Site Maintenance is for sites completely designed by 1LM, and does not include sites 1LM has been contracted to update or modify. Packages that include web maintenance are available for purchase to the Customer. Terms for such packages are named within the package purchase agreement.
2. Customer hereby agrees sole responsibility of maintaining registered status of domain names Customer desires, and agrees to indemnify, defend, and hold harmless 1LM from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, 1LM, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
VIII. Completion Date.
1. 1LM and the Customer must work together to complete the Web Design Project or Modification in a timely manner. We agree to work expeditiously to complete the Web Design Project or Modification no later than approximately 30 days after Customer has submitted all necessary and final materials. In some special cases, completion of Web Design Project or Modification be extend past 30 days, depending on specific needs of Web Design Project of Modification. Materials as defined necessary to complete Web Design Project or Modification may include, but are not limited to: text, graphics, logos, layout/proof approval of various site elements such as design layout, programming functionality, logic of site flow, menu item structure and categories, advertising links, and retainer/deposit fee(s). 1LM warrants an approximate completion date, but will not be held liable or receive partial payment for services rendered due to damages, profit loss, or other outcomes in the event the web site design is not completed by expected date. If the Customer does not supply 1LM with complete text and graphics content for this Web Design Project or Modification within 15 days of the effective date this agreement, the entire deposit amount of the agreement shall be retained by 1LM as liquidated damages and the 1LM's duties to perform Terms of Service shall become null and void, at 1LM's option, unless the Web Design Project or Modification is cancelled in writing by the Customer within 7 days of the effective date of the agreement.
IX. Requirement of Domain Account Access:
1. The Customer agrees to give 1LM full access and rights to Domain name account, regardless of registrar or if previously registered by another entity. Accounts may be transferred to 1LM's registrar as seen appropriate by 1LM. Name Server information, Administrative, Technical, and Ownership information may be modified at the discretion of 1LM.
X. Project Delivery.
1. The final web site Design Project or Modification will be published to the Customer's hosting service upon receipt of final payment. 1LM will only be responsible for one publishing/transfer of finished Web Design Project or Modification to the Customer's hosting service or storage medium. The Customer understands that 1LM does not provide any hosting services in connection with this Web Design Project or Modification. Hosting services require a separate contract with the hosting service package of the Customer's choice. The Customer agrees to select a hosting service which allows 1LM full access to the Customer's account via FTP. The Customer will be solely responsible for any and all hosting service charges. 1LM retains the right to deny publishing or delivery of Web Design Project or Modification in the event the Customer's preference of Web Site Hosting Services conflicts with the interests of 1LM, including but not limited to protecting original works authored by 1LM or its subsidiaries.
XI. Electronic Commerce Laws.
1. The Customer agrees that the Customer is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or Modification or any other services contemplated herein, and will hold harmless, protect, and defend 1LM, employees and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Customer's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
XII. Web Design Project or Modification Copyright.
1. Copyright to the finished web design site or modification produced by 1LM will be owned by 1LM. The Customer will be assigned rights to use the Web Design Project or Modification as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Customer, and remain the property of their respective owners. Rights to use the Web Design Project or Modification is at the sole discretion of 1LM, and may be prohibited at the discretion of 1LM for reasons such as, but not limited to, Web Site Hosting service preference. 1LM and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. All Web Design Projects or Modifications will contain a copyright/legal statement if appropriate and in addition a textual or banner hyperlink to 1LM's Design Services Web Site or subsidiaries.
XIII. Financial Arrangements:
1. Payments must be made promptly based on the terms of this Web Site Design Project or Modification. 1LM reserves the right to remove any Web Design Project or Modification from viewing on the Internet until final payment is made. If case collection proves necessary, the Customer agrees to pay all fees (including all attorney's fees and court costs) incurred by that process. Any property such as domain name, graphics, content, including complete or partial site, may be sold or auctioned to recuperate lost fees. Regardless of the place of service provided, the Customer agrees that for purposes of venue, this agreement was entered into in Duval County, Florida, and any dispute will be litigated or arbitrated in Duval County, Florida, and the Customer hereby consents to the personal jurisdiction of the Florida State Courts. Furthermore, the Customer waives any right to or claim of sovereign immunity. Adding of Meta Tags (Description and Keywords) and the submission of the Web Design Project or Modification to Web search engines and updating occur only after the full final payment is made. All payments will be made in U.S. Dollars.
2. Domain names accounts Customer has given permission to 1LM to register, modify or transfer, shall remain property of 1LM in the event of non-payment for any services or products 1LM has provided to Customer.
XIV. Payment Schedule.
1. Payment for services provided hereby shall be made in accordance with the conditions contained in this contract. Customer agrees to pay to 1LM an initial, non-refundable deposit as stated within their purchase agreement document with 1LM. Final payment is due prior to publication and/or delivery of the Web Site Design Project or Modification. All amounts must be in U.S. Dollars.
XV. No Warranties:
1. 1LM makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by 1LM or its agents or employees shall create a warranty. 1LM provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall 1LM be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with 1LM service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service or 1LM as Web Site Designers.
XVI. Legal Notice.
1. Notwithstanding anything to the contrary contained in this contract, neither 1LM nor any of its employees or agents, warrant that the functions contained in the Web Design Project or Modification will be uninterrupted or error-free. Neither does 1LM warrant previous Web Design or modification work completed by 1LM, its subcontractors, or third-parties unaffiliated with 1LM. The entire risk as to the quality and performance of the Web Design Project or Modification is with the Customer. In no event will 1LM be liable to the Customer 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, 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 or Modification 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 1LM has been advised of the possibility of such damages.
XVII. This Agreement.
1. This agreement constitutes the sole agreement between 1LM and the Customer regarding this Web Design Project or Modification. Continued services after that time will renew this agreement.
XVIII. Prior Agreements:
1. This agreement supersedes any written, electronic, or oral communication you may have had with 1LM or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
IXX. Transfer:
1. The Customer may not transfer this agreement without the written consent of 1LM.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Terms of Service Agreement thereto are agreed to by both parties upon renewal of services.
Web Hosting Terms of Service
This contract is between 1Light Media LLC. (herein known as "1LM") and the above named client herein known as "Customer" for the purposes of Web Hosting. 1Light Media, LLC. is a privately owned company. 1Light Media, LLC reserves the right to refuse services to any business, individual, or other entity at its sole discretion.
I. Financial Arrangements:
1. The Customer agrees to a one (1) month billing cycle, beginning upon commencement of service. The billing cycle will continue until the length of the Hosting agreement package Customer opts for is fulfilled.
2. First one (1) months payment plus a non-refundable setup charge, if any, shall be due upon receipt of contract.
3. This agreement will automatically renew for each successive one (1) month period for the life of the contract until cancelled in writing. Customers paying by check or money order will receive an invoice for charges and payment is due upon receipt. Customers paying by credit card expressly agree to have their credit card account billed monthly for the recurring charges for the life of the contract including any automatic renewal periods.
4. Initial payment is due with the contract, regardless of the status of domain name application or any other forces that may be beyond the control of 1LM.
II. Taxes:
1. 1LM shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made from the Customer using 1LM's server. The Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the Customer.
III. Material and Products:
1. The Customer will provide 1LM with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of 1LM. 1LM shall make no effort to validate this information for content, correctness or usability.
2. Use of 1LM's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the Customer's Webspace by the Customer. The following examples are offered: Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Autoresponders: a knowledge of mReply autoresponder, forwarding mail, use of mail by Customers to receive mail, etc.
3. The Customer agrees that he or she has the necessary knowledge to create the Customer's Webspace. The Customer agrees that it is not the responsibility of 1LM to provide this knowledge or Customer Support outside of the defined service of 1LM.
4. 1LM will exercise no control whatsoever over the content of the information passing through the network. 1LM makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. 1LM also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of 1LM is at the Customer's own risk, and 1LM specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. 1LM expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. 1LM specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Hosting-ready", 1LM may, at its option and at any time, reject this material, including but not limited to after it has been put on 1LM's Hosting. 1LM agrees to notify the Customer immediately of its refusal of the material and afford the Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of 1LM. If the Customer fails to modify the material, as directed by 1LM, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
5. 1LM reserves the right to limit web hosting account access of Customer to 1LM hosting servers. Limitations include, but are not limited to denying access or ability to transfer information to and from 1LM hosting servers.
IV. Requirement of Domain Account Access:
1. The Customer agrees to give 1LM full access and rights to Domain name account, regardless of registrar or if previously registered by another entity. Accounts may be transferred to 1LM's registrar at the option of 1LM. Name Server information, Administrative, and Technical, and Ownership information may be modified at the discretion of 1LM.
V. Trademarks & Copyrights:
1. The Customer warrants that it has the right to use the applicable trademarks, if any.
VI. Hardware, Equipment & Software:
1. The Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access 1LM. 1LM makes no representations, warranties or assurances that the Customer's equipment will be compatible with the 1LM service.
VII. Age:
1. The Customer certifies that he or she is at least 18 years of age.
VIII. Internet Etiquette:
1. The Customer may not use 1LM servers for the purpose of Mass Electronic Junkmail or “spam”. The Customer may not use 1LM servers for excessive computation time inappropriate for Internet Web servers. The Customer may not install in her/his account any program which presents a security problem on that server. 1LM reserves the right to immediately cancel any service account which is causing a disruption of services for other customers. Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of 1LM may not be used to impersonate another person or misrepresent authorization to act on behalf of others or 1LM. All messages transmitted via 1LM should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
2. The Customer may not run any software, applications, or other processes on 1LM servers without the express written permission of 1LM.
IX. Termination or Cancellations:
1. This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notice must be made by mail or electronic mail. 1LM will not accept terminations over the telephone. Notwithstanding the above, 1LM may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with the terms of this Agreement, including but not limited to non-payment or late-payment. 1LM reserves the right to charge a reinstatement fee.
2. In the event the Customer account is suspended, canceled, or terminated, including but not limited to non-payment, 1LM makes no warranty of any kind to maintaining, protecting or transferring data that has been stored or transferred to or from 1LM's Hosting services. Customer assumes all responsibility for protecting and backing up data, and 1LM makes no warranty of any kind to do so on behalf of the Customer.
X. Limited Liability:
1. The Customer expressly agrees that use of 1LM's Hosting is at the Customer's sole risk. Neither 1LM, nor its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that 1LM's Hosting service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Hosting service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the 1LM Hosting service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall 1LM, its officers, agents or anyone else involved in creating, producing or distributing 1LM's Hosting service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the 1LM Hosting service; or that results from mistakes, omissions, interruptions, non-deliveries, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to 1LM's records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on, and usage of 1LM's Hosting service.
XI. Indemnification:
1. The Customer agrees that it shall defend, indemnify, save and hold 1LM harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against 1LM, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless 1LM against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with 1LM's Hosting; (ii) any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which the Customer sold on the 1LM Hosting.
2. You agree to indemnify, defend, and hold harmless 1LM Hosting from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, 1LM Hosting, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
XII. No Warranties:
1. 1LM Hosting makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by 1LM Hosting or its agents or employees shall create a warranty. 1LM Hosting provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall 1LM Hosting be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with 1LM Hosting service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
XIII. Lawful Purpose:
1. The Customer may only use 1LM's Hosting for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.
XIV. Contract Revisions:
1. Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of 1LM. Services as specified in Section I. Financial Arrangements.
XV. Prior Agreements:
1. This agreement supersedes any written, electronic, or oral communication you may have had with 1LM Hosting or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
XVI. Transfer:
1. The Customer may not transfer this agreement without the written consent of 1LM.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by both parties upon renewal of services.
