|
Terms of Service and Privacy statement
Please print this page for your records. 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. |