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Terms of Service and Privacy statement

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Satisfaction Guaranteed:
  We, Shawn M. J. Mann / Jodi L. Mann, dba Quill Spirit & Creativity, offer a 30 day money back guarantee on our web hosting services. If you are not completely satisfied with our web hosting services within the first 30 days of your contract, you will be given a full refund of the hosting amount excluding setup fees, domain registration fees and overages.

Privacy & Confidentiality Statement:
   We at Quill Spirit & Creativity insure that all personal information submitted to us in processing your order and for billing purposes, etc., will be kept strictly confidential and used solely by Quill Spirit & Creativity, its representatives and employees, for the purposes for which it was intended, for the benefit of the subscriber. We agree not to share or release such information to any individual, entity, or third party, without the consent of the subscriber, except as required by law, regulation or governmental authority.

Commercial Advertising/Mass Mailings/UCE/SPAM:
  You must not use the Quill Spirit & Creativity equipment, leased servers, or any Quill Spirit & Creativity or hosted email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Quill Spirit & Creativity Network, Quill Spirit & Creativity equipment or any Quill Spirit & Creativity email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, without warning, Shawn M. J. Mann, dba Quill Spirit & Creativity, reserves the right to disable your domain/terminate your account. In addition, Quill Spirit & Creativity may impose a $100 penalty for each spam policy violation. Quill Spirit & Creativity solely reserves the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Defamation:
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Disclaimer:
   Quill Spirit & Creativity will not be responsible for any damages your business may suffer as a result of our services. We offer a 30 day money back guarantee on our hosting services. If at any time you are not satisfied with our service, within 30 days of signup, we will promptly refund your payment. (Less any domain registration fees).
   Sorry, we do not refund for graphic design, because it would be too easy to be taken advantage of... once you have received the graphic, you could ask for a refund and use the image anyway. (It takes time to work on them, so we must be paid for our time). If you really are not happy with the image, we would be willing to work on it some more, to meet your specifications.
   We offer a 99.95% server uptime guarantee. According to our server provider, there has only been RARE occurrences of downtime for the servers we use. If there is a long outage due to server problems, we will pro-rate your billing for that cycle.
   We do not guarantee against data-loss. It is your responsibility to maintain updated backups of your website and databases. For a small fee, we will "burn" a backup onto CD-R and mail it to you, on request.
 We reserve the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

  Quill Spirit & Creativity furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, Quill Spirit & Creativity wishes to emphasize that in accepting services, customers indemnify Quill Spirit & Creativity for the violation of any law or Quill Spirit & Creativity policy, that results in loss to Quill Spirit & Creativity or the bringing of any claim against Shawn M. J. Mann, dba Quill Spirit & Creativity. This means that if Quill Spirit & Creativity is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Quill Spirit & Creativity, plus costs and reasonable attorneys' fees.

Refusal of Service:
Quill Spirit & Creativity reserves the right at its sole discretion to refuse or cancel service. Violation of any of Quill Spirit & Creativity's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.

Cancellation Policy:

Customers who wish to terminate their accounts with us must notify us in writing including the username, password (for security reasons), and domain name of the account they wish to cancel. We will close the account and refund the prorated payment for the last day of the current month for that billing cycle. Send the notice via postal mail to the address below:

Shawn M. J. Mann
233 Eva Way #63
Talent Oregon,  97540

Please note that once the account has been closed, we may  not retain any copies of the data in your website space, so be sure that you have backed up all your data prior to requesting cancellation. We accept no liability for lost data!

Intellectual Property Rights:
  Material accessible to you through Quill Spirit & Creativity's Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Quill Spirit & Creativity Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Quill Spirit & Creativity Network. If you use a domain name in connection with the Quill Spirit & Creativity Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

  We retain creation copyright of any and all graphic, scripting, or website design work we do. This means we keep a copy of everything we create, and you agree we can use any part or the whole of any work we do for you, as part of our portfolio, to show as examples of work we have done, with no expiration date. If the work we do is "classified" and you wish to keep it confidential, please notify us in writing, prior to us starting work on the project. We may use excerpts of the confidential work that are anonymous and disclose no sensitive material.

Indemnification:
  Customer agrees that it will protect, indemnify, save and hold Shawn M. J. Mann, dba Quill Spirit & Creativity, harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against Quill Spirit & Creativity, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold Quill Spirit & Creativity harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with Quill Spirit & Creativity's Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from Quill Spirit & Creativity's Services.

If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation. Use of our services indicates that you have read and agree to the above terms. If you have any questions about our policy, please contact us.


Website design ©:

Shawn M. J. Mann

This page last updated on: 07/31/2006