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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 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@killergraffix.com 30
days prior to the cancellation of your account. It is your responsibility to move your website files off KillerGraffix's
server.
Our servers will automatically delete inactive accounts on the 15th day from the date of the cancellation request.
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