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KillerGraffix provides its
services to you, subject to the following
Terms of Service, which may be updated by
us from time to time without notice to
you. You are responsible for regularly
reviewing these terms and
conditions.
Acceptance of
Terms:
Your use of our services
constitutes your agreement to all such
terms, conditions, notices, and codes of
conduct. Your use of a particular website
within KillerGraffix's website is
subjected to the same terms and
conditions in this agreement.
Additionally, the Web Sites may
themselves contain additional terms you
must abide to.
KillerGraffix Clients &
Third Party Business
Dealings:
Any correspondence or business
dealings with KillerGraffix clients,
third parties, (including advertisers)
Services or participation in promotions,
including the delivery of and the payment
for goods and services, and any other
terms, conditions, warranties or
representations associated with such
dealings or promotions, are solely
between you and the advertiser or other
third party. KillerGraffix shall not be
responsible or liable for any part of any
such dealings or promotions.
KillerGraffix will not be liable
for loss of earnings or liable for any
damages whatsoever due to account
suspension for outstanding billing or any
other accounting issues, the failure
of our server hardware or software
systems, or from your use, misuse,
inability to use, or reliance upon the
web site.
Links:
KillerGraffix may contain links
to third party web sites and
KillerGraffix client web sites. Some of
the Linked Sites are not under the
control of KillerGraffix, nor is
KillerGraffix responsible for the
contents of any Linked Site, including
without limitation any link contained in
a Linked Site, or any changes or updates
to a Linked Site. KillerGraffix is not
responsible if the Linked Site is not
working appropriately. KillerGraffix is
providing these links to you only as a
convenience, and the inclusion of any
link does not imply endorsement by
KillerGraffix of the site or any
association with its operators. You are
responsible for viewing and abiding by
the privacy statements and terms of use
posted at the Linked Sites. Under no
circumstances will KillerGraffix be
liable in any way for any Content,
including, but not limited to, for any
errors or omissions in any Content, or
for any loss or damage of any kind
incurred as a result of the use of any
Content posted, emailed, transmitted or
otherwise made available via other
medias.
Complaints & Legal
Disclosure:
You acknowledge and agree that
KillerGraffix may terminate your website
or web hosting account and disclose
personal information if required to do so
by law or in the good faith belief that
such preservation or disclosure is
reasonably necessary to: (a) comply with
legal process; (b) enforce our Terms
& Conditions (c) respond to claims
and complaints that any Content violates
the rights of users, third-parties; or
(d) protect the rights, property, or
personal safety of KillerGraffix, its
users and the public.
Code of
Conduct:
We have zero tolerance for SPAM,
Unsolicited Bulk Email and Email Abuse.
If KillerGraffix learn that you are
promoting a site hosted or designed by us
to be used for "spam" or unsolicited bulk
email or opt-out email, your account will
be terminated immediately, without notice
or refund.
By using KillerGraffix's
services, you agree not
to:
impersonate any person or
entity, including, but not limited to,
KillerGraffix Providers, guide or host,
or falsely state or otherwise
misrepresent your affiliation with a
person or entity; Publish, post, upload,
distribute or disseminate any
inappropriate, profane, defamatory,
obscene, indecent or unlawful topic,
name, material or information.
- forge headers or otherwise
manipulate identifiers in order to
disguise the origin of any Content
transmitted through the
Service;
- defraud the general public
with products or services that are of
illegal nature or do not
exist.
- upload files that contain
viruses, Trojan horses, worms, time
bombs, cancelbots, corrupted files,
or any other similar software or
programs that may damage the
operation of another's computer or
property of another.
- Harvest or otherwise collect
information about others, including
e-mail addresses.
- "stalk" or otherwise harass
another;
Indemnity:
You agree to indemnify and hold
KillerGraffix, and its subsidiaries,
affiliates, officers, agents, co-branders
or other partners, and employees,
harmless from any claim or demand,
including reasonable attorneys fees, made
by any third party due to or arising out
of Content you submit, post, transmit or
make available through the Service, your
use of the Service, your connection to
the Service, your violation of the Terms
of Service, or your violation of any
rights of another.
Disclaimer:
LIMITATION OF LIABILITY
SHALL APPLY TO PREVENT RECOVERY OF
DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE AND
EXEMPLARY DAMAGES. LIMITATION OF
LIABILITY SHALL APPLY WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF
THE WEBSITE SITE OR RELIANCE ON THE
WEB SITE, FROM INABILITY TO USE THE
SITE, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE
SITE OR SERVICES OFFERED ON THE SITE
(INCLUDING SUCH DAMAGES INCURRED BY
THIRD PARTIES). SUCH LIMITATION SHALL
ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES
OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE SITE OR RECEIVED
THROUGH ANY LINKS PROVIDED ON THE
SITE, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED ON THE SITE OR
RECEIVED THROUGH ANY LINKS PROVIDED
ON THE SITE. SUCH LIMITATION SHALL
APPLY, WITHOUT LIMITATION, TO THE
COSTS OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, LOST PROFITS, OR
LOST DATA. SUCH LIMITATION SHALL
APPLY WITH RESPECT TO THE PERFORMANCE
OR NON-PERFORMANCE OF THE SITE OR ANY
PRODUCTS, SERVICES, INFORMATION, OR
MERCHANDISE THAT APPEARS ON, OR IS
LINKED OR RELATED IN ANY WAY TO, THE
SITE. THESE LIMITATIONS SHALL APPLY
NOT WITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY. SUCH LIMITATIONS SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY
LAW.
Website
Ownership:
After full payment to
KillerGraffix as agreed in our service
agreement, the website is yours, with the
exception of specific images and graphics
which already belong to KillerGraffix or
are licensed to KillerGraffix. Any
individual designs, logos, images, etc.
that you bring for the site are yours,
any logos, banners, or images
KillerGraffix create specifically for you
are yours if they are paid for. Copies of
your complete website can be downloaded
from your ISP's server our servers (if
you're hosted by KillerGraffix). If you
want a copy of the website on disk, we
will be happy to burn a copy of it on CD
for the cost of $10.00.
Website
Maintenance:
The design of a website excludes
ongoing maitenance, unless otherwise
stated in your original service contract.
KillerGraffix offer a variety of Website
Maintenance Packages to suite your needs,
starting at $24.95 per month. At it's
discretion, KillerGraffix also provides
complimentary text updates that are
considered "minor" or "one-time"
changes.
Domain Name
Ownership:
Your domain name, if you buy
one, is yours, not KillerGraffix. If the
Registration was processed by
KillerGraffix, we will do so in your own
name, and will supply you at that time
with any passwords and security
information you might require to update
your account. We will have this
information as long we maintain your
site.
Copyright
material:
All material contained in your
web site must be your own intellectual
property, or licensed for use by you (and
by extension, by KillerGraffix, for your
web site). Exceptions are images which we
have license to use, or material which is
used in a very limited way according to
the "Fair Use" clause of copyright law.
If KillerGraffix is apprised of content
which is not legally yours or ours to
use, we will remove that content from the
web site as soon as we are made aware of
the infringement. KillerGraffix reserves
the right to notify or not notify you in
advance of such
changes.
Web Hosting
Cancellation:
Hosting Agreement is billed
annually and NON- CANCELLABLE,
NON-REFUNDABLE for a term of 12
months.
If you choose at some point to
move your website to another host or
another webmaster, please send an email
to support
30 days prior to the
cancellation of your account. It is your
responsibility to move your website files
off KillerGraffix's server.
Payment
Terms:
KillerGraffix
accepts: check, money order and
credit card via Paypal ( a 3% convenience fee
is applicable to all credit card
payments)
Payment
Address:
3639 Midway Drive Ste.
B-200
San Diego, CA 92110-5254
Web
Development: 75% deposit before
commencement and full payment upon completion
of project as outlined in original quotation.
The work will be uploaded to KillerGraffix's
website for client's review. Upon full payment,
KillerGraffix will upload site to client's
host.
Cancellation/Refunds
Disclosure: Web Development
Service agreement is non-cancelable or
refundable once commencement of work has begun.
Commencement of work includes verbal and
written consultation, conceptual art creation,
domain name registration, and hosting setup.
Cancellation of Service Agreement request must
be submitted in writing to and received by
KillerGraffix within 3 days from the date of
the signed Agreement or date the initial
payment deposit is received. Acceptable methods
of notification either by Email, Fax or email
or US Mail.
Graphic
Design: (Logos, Business Cards,
Brochures, etc.): 100% payment due before
commencement of project. Final product will be
released to client on disk or via email
electronically.
Web
Maintenance: Updates and changes
is $85 per hour - 1 hour minimum At our
discretion, we will request a retainer fee of
$100 and up depending on the scope of work
before starting a job. We accept
pre-authorization on a credit card, cash or
check deposits. The deposit will be applied
toward the balance of the job. If the scope of
work is less than the deposit, KillerGraffix
will issue a credit to client.
If client fails to pay
for the completed work within five (5) working
days of being invoiced, a courtesy late-notice
will be e-mailed to the billing address as it
appears in the Company Profile. It is the
customer's responsibility to keep their billing
information updated. If client fails to pay
within five (5) working days of the courtesy
notice, client will incur a late fee of $25 for
every five (5) days of non
payment.
For total non payment of
monies owed after (30) days, KillerGraffix will
turn account over to a Collection
Agency.
Hosting Billing
Policy
Approximately 15-20 days
prior to the end of the month, KillerGraffix
will send your invoice to the "billing e-mail
address" in your company profile. Payment is
due by the 1st of the Month. Invoices 5
days past due will be subject to a late fee of
$35.00.
On the 5th of the month,
if payment has not been received, a courtesy
late-notice will be e-mailed to the billing
address as it appears in the Company Profile.
It is the customer's responsibility to keep
their billing information updated.
Any unpaid accounts will
suspended at noon on the 5th day. To reactivate
a suspended account, a $35 fee is
applicable. If a
suspended account is not paid in full by the
30th day of the month, the account will be
removed off our servers which can result in
permanent lost web files. Any deleted accounts
will have to sign new contracts to receive
KillerGraffix service.
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