1.) The web hosting account and related electronic services provided by BWD may be used for legal purposes only. Any violations consistent with existing international, federal, state and local laws will be grounds for an immediate termination of service. This includes any and all forms of gambling. Transmission, distribution or storage of any material in violation of international, federal, state and local laws is prohibited and will be grounds for an immediate termination of service. This includes, but is not limited to, material protected by: copyright, trademark, patent, and/or trade secret or other intellectual property right used without proper authorization.
2.) The Client understands that he/she may give material ("MATERIAL" is defined as photographs, graphics, images, drawings, and/or descriptive language, etc.) to BWD for placement and/or creation of a World Wide Web site. The Client affirms that he/she is the full copyright owner of such Material or that he/she has obtained proper permission from the copyright owner(s) for use of such Material. I will indemnify you and hold you harmless against any claims of libel, copyright, or trademark infringement brought against you with respect to your use of those Material.
3.) Engaging, advertising, and/or participating in the sending of Unsolicited Email ("UNSOLICITED EMAIL") is explicitly prohibited on BWD's web hosting accounts. BWD defines Unsolicited Email as using any computer or electronic device to send an unsolicited advertisement or electronic mail to an electronic mail address of an individual with whom such person lacks a preexisting and ongoing business or personal relationship unless said individual provides express invitation or consent/permission. Violators of the aforementioned policy are subject to account(s)/service(s) termination, without any refunds.
4.) The Client agrees not to transmit, distribute, store, advertise, link to, or make available any images, language, or ideas containing sexually explicit or implicit subject matter. BWD reserves the right to make a final determination in any dispute involving sexually explicit or implicit subject matter. The first occurrence of a violation of this provision will result in a halt of services to the Client. BWD reserves the right to halt services, for a violation of this provision, with or without notice. Any occurrence thereafter of a violation of the aforementioned provision will result in a termination of account(s)/service(s), without any refunds.
5.) The Client shall have no power, right or authority to execute any contract on behalf of BWD or bind BWD to any agreement.
6.) Web Hosting Fees: Payment shall be made in US dollars to BWD. Early cancellation of an order may allow a refund in special cases. Once a web hosting account is; prepared and set up for a client, an IP number is designated and the ordering or transfer of a domain name is begun, there is no refund of fees paid for the services contracted. If a payment (billed monthly) is not received to BWD within 5 days of due date ("DUE DATE" is the 15th of each month or next business day), BWD's service(s) may be discontinued.
7.) Design Fees: Payment shall be made in US dollars to BWD. Early cancellation of an order may allow a refund in special cases. Design fees, upon completion of a World Wide Web site, are due within 15 days. "Setup fees" are not refundable. If any fees or charges imposed by the bank for any reason result in BWD receiving less than the invoice amount, BWD will re-invoice the Client for the difference. If BWD does not receive payment in full of any invoice (with the exception of bank fees and charges) within 30 days, then the Client accepts that BWD may suspend service(s) with the Client until such time as payment is made. Payments in full of any invoice, with the exception of the aforementioned provision, not received within 30 days may result in a termination of service(s) to the Client. Any exception granted by BWD to this fee payment procedure shall not limit or abridge the liability or collection ability for charges due and not received, overdue or added; due to actions or requests of the Client.
8.) The Client understands that BWD is authorized to enter into contracts with third parties to carry out the services and purposes of the design of a World Wide Web site, and that BWD shall be primarily liable to those parties for payment due thereunder.
9.) The Client understands that all accounts on BWD servers have a defined storage space amount. This defined storage capacity is agreed upon in the package ordered by the Client, and paid for on a monthly basis. Should the Client desire a change in the storage capacity, they must contact BWD and request a bigger package and allow a waiting period of up to one month for the web hosting account to be changed.
10.) The Client understands that BWD attempts to maintain service to its customers 100% of the time. The Client also understands that there are certain problems that can and will occur due to the nature and structure of the World Wide Web. The Client agrees to hold BWD harmless in the event of any such occurrence where service becomes impaired or suspended for an indefinite period of time resulting in the loss of revenue, service(s), or customer(s). There are such circumstances that can and will happen beyond the control of BWD and the Client understand this and holds this to be factual.
11.) This Agreement constitutes the entire agreement between parties and supersedes all prior understanding and agreements concerning BWD's services.
12.) The Client agrees to abide by any updated modifications or additions of this agreement and all civil laws and prescriptions as posted at http://www.bearcatwebdesign.com/terms.html.
13.) The Client agrees to fully abide by all terms, conditions, rules, and regulations as described above. The Client also acknowledges, under the penalty of perjury, that the Client's identification is accurate and correct. Finally, the Client acknowledges that he/she is of contractual capacity under the laws of the United States of America.
By ordering internet service(s) from BWD, you are accepting the Terms and Conditions in this service Agreement as stated and provided. This will be the binding contract between Bearcat Web Design ("BWD") and the customer ("CLIENT"). If you do not agree to these terms and conditions DO NOT ORDER service from BWD.