CG Design LLC Terms and Conditions
All material found in the pages of this Website is protected under the copyright laws of the United States. Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this Website may constitute trade-names, trade-marks or service marks. This Website has been given expressed permission to use and/or display such items for the sole purpose of promotional material. The display of trademarks, trade names or service marks on pages at this Website does not imply that a license of any kind has been granted to anyone else.
You are free to download the material posted on this Website for non-commercial purposes, to store it temporarily on a single computer, and to print it solely for your own personal purposes. You agree that you do not acquire any ownership rights in any downloaded content. You may not distribute copies of the material for any purpose or 'frame' it in any site you create or operate. You agree to abide by all copyright notices, information and restrictions contained in any content on this Website.
Any unauthorized downloading, transmission, republication or other copying or modification of material posted on this Website, including trademarks, trade names and service marks, may violate federal, common or civil law trade-mark law and copyright law, and may result in legal action.
CG Design and/or its affiliates Reserves the right to take legal action against any unauthorized use of the trade-names, trademarks and images of CG Design and/or its affiliates and its affiliates found on this website.
DISCLAIMER OF WARRANTIES
CG Design and/or its affiliates has compiled the information on this Website for the use of guests, patrons, and general internet users. The information, material and software algorithms contained in this Website or which may be downloaded from this Website, including text, graphics and hyperlinks, are provided 'as is' and 'as available'.
The information and material contained in this Website are believed to be accurate and complete at the time of their posting. Although CG Design and/or its affiliates attempts to ensure that all information and material remain current and accurate, they are subject to change without notice and CG Design and/or its affiliates does not warrant their accuracy, completeness and currency at all times.
In addition, CG Design and/or its affiliates does not warrant the accuracy, adequacy or completeness of software algorithms and expressly disclaims liability for errors or omissions in any software algorithms.
No warranty of any kind, implied, express or statutory, including but not limited to warranties as to non-infringement of intellectual property rights or third party rights, title, latent defects, uninterrupted service, merchantability, fitness for a particular purpose and freedom from computer viruses, is given in conjunction with the information, materials and software algorithms.
EXCLUSION OF LIABILITY
In no event will CG Design and/or its affiliates be liable for any damages, including without limitation, direct or indirect, special, incidental, moral or consequential damages, loss of profits, opportunities or information or for expenses arising in connection with this Website, unauthorized access to user accounts, any software algorithms available on this Website, nor with any hyperlinked website or for the use of or the inability to use such material, software algorithms or hyperlinked website by interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if CG Design and/or its affiliates is advised of the possibility of such damages, losses or expenses. Software algorithms made available and hyperlinks to other Internet resources are at your own risk. The content, accuracy, opinions expressed, and other links provided by these software algorithms and resources are not investigated, verified, monitored, or endorsed by CG Design and/or its affiliates.
LINKS TO THIRD PARTY WEBSITES
CG Design and/or its affiliates does not control any third party website and is therefore not responsible for the content of any linked website or any link contained in a linked website. CG Design and/or its affiliates provides such links only as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by CG Design and/or its affiliates of the linked website or any information contained in it.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Website, you warrant to CG Design and/or its affiliates that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Although CG Design and/or its affiliates may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on this Website, CG Design and/or its affiliates is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Website. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. CG Design and/or its affiliates will fully cooperate with any law enforcement authorities or court order requesting or directing CG Design and/or its affiliates to disclose the identity of anyone posting any such information or materials.
CG Design LLC hosting account TOS (Terms of Service)
(Updated 1/18/14)
These Terms of Service apply to all web, database, and email hosting accounts and services provided by CG Design LLC ("Company").
Company may modify this Agreement from time to time, with or without notice, and your continued participation and usage of any and/or all services after such modification shall be deemed to be your acceptance of any such modification. Modifications to the TOS shall not be grounds for early contract termination or non-payment. It is your responsibility to check this Terms and Conditions page regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease any type of participation in the usage of such any and/or all services.
By activating your account with Company, utilizing web and/or email services, or accessing any service offer under the terms of your account you agree to the above policies and disclaimer. Upon requesting an account, you are required to accept the terms listed in our TOS. Any usage of services provided by Company for a period greater than ninety (90) consecutive days shall constitute an acceptance and agreement of our TOS in lieu of a physical or electronic agreement signed by both parties.
Billing:
Payments may be made via check, money order, PayPal or Credit Card. You will be responsible for paying your invoices every month in time.
Charges shall commence to accrue on the date that Company provides to Customer. Payments are due on the anniversary date of the initial contract date per the selected time period (monthly, quarterly, bi-annually, annually, etc). Any additional charges, including, but not limited to, any late fees and any usage-based charges, including, but not limited to, bandwidth overages, shall be invoiced in arrears and shall appear on the monthly invoices for Services and Products or as separate invoices.
Company reserves the right to lock any account after delinquent payments or failure to make payment arrangements 15 days after your invoice is due. Such termination or denial will not relieve Subscriber of the responsibility for the payment of all accrued charges and any collection fees.
Fees:
Reconnect fee - Any account that is suspended due to non payment will be charged an additional reconnect fee in the amount of $10.00 (USD).
Declined Credit Cards - Credit cards that are declined for any reason are subject to a $1.00 (USD) declination fee.
You can email or call our billing department at anytime if you feel there is a problem with your account or bill.
Termination of Service:
The customer reserves the right to cancel service with the provider at any time during a billing term. Cancellations will occur at the end of the current billing cycle. Cancellations must be requested via the control panel ticket system. Cancellations over the telephone and informal email will not be accepted.
Company reserves the right to terminate your service for any action deemed unacceptable by Company rules. You understand and agree that Company shall be the sole determiner in cases of suspected abuse, fraud or violation of its rules and any decision it may make relating to termination of membership (including cancellation of commissions) shall be final and binding.
Spam:
Company is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Company network, by customers or any other users of the Company network (including customer's customers); AND/OR over ANY network if the message sent advertises or mentions a site hosted on our server. We also prohibit the selling products that can be used for spamming.
We react quickly and seriously to violations and we further reserve the right to terminate the services without prior notice of any customer disregarding this policy.
If you have any complaints or comments regarding Spam on our network, please direct them via help desk to support.
Refusal of Service:
Company reserves the right to cancel, suspend, or otherwise restrict access to the Service(s) it provides at any time, for any or no reason, and with or without notice. Company is not responsible for any damages or loss of data resulting from such suspension or termination.
If any manner of communication with Company's staff could be construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.
Due to United States law, Company cannot accept any orders originating from countries that the United States has established an embargo on or otherwise prohibited trade with. By becoming a customer, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Quality of Service:
Service Level Agreement Terms for Web Hosting Customers:
Company provides a 99.999% uptime guarantee to all Web Hosting Customers. Should Website availability become unavailable for a cumulative period of 1 hour in any one calendar month, Customer will receive a refund equivalent to one day of Customer's Recurring Monthly Fees for that month. Customer will receive an additional refund of one day of the Recurring Monthly Fees for each additional hour of downtime or unavailability.
All refund calculations will be based on unavailability in one-hour increments.
The above agreement does not cover outages caused by equipment and/or events not under the direct control of Company.
This Service Level Agreement does not cover outages due to scheduled or emergency network and/or server maintenance, which will be broadcast to all customers in advance.
Any and all refunds to customer will not exceed 100% of the Customer's Recurring Monthly Fees for the month in which the refund is paid.
Company shall not be deemed to be in default of any provision of this agreement or be liable for any failure of performance of the services resulting, directly or indirectly from any: weather conditions, natural disasters, action of any governmental or military authority, failure caused by telecommunication or other internet provider(s), non-acceptance or filtering of any email communication by another email provider, or any other forces or occurrences beyond its command and control.
Our Company will not be responsible for notice failures caused by an error in your email program, an inaccurate email address provided by you, your failure to check your email or your failure to inform Company of a change in your email address.
Usage:
You agree that it is your responsibility to monitor and regulate usage according to the allotted level of the hosting package purchased and the total allotted space and bandwidth of the purchased package. Company provides the ability to monitor the hosting space and bandwidth usage through various tools and reports available in your hosting control panel, however Company does not guarantee the complete accuracy or reliability of such tools. You are provided full and complete access to the raw log files associated with your account, and are free to use any tool capable of analyzing usage to determine the total amount of bandwidth to be counted towards the monthly consumed totals. Totals for both space and bandwidth are recycled at the beginning of each calendar month. Any overage for the previous month will be due the following month. You agree to pay any and all fees assessed according to the rate specified in your hosting plan.
Material and Products:
You will provide Company with material and data in a condition that is "server-ready", which is in the form requiring so further manipulation on the part of Company. Company shall make no effort to validate this material for content, correctness or usability.
Use of Company's services requires a certain level of knowledge and/or experience in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your web space. You agree that you, or your assigned agent, have the necessary knowledge and/or experience to create the content intended to be displayed. You agree that it is not Company's responsibility to provide such knowledge outside of the defined services that Company advertises.
Company will exercise no control over the content of the information passing though the network. You agree that Company makes no warranties or representations of any kind, whether expressed or implied, for the validity, accuracy or fitness for a particular purpose, and will not hold Company responsible for any damages that may be suffered by you relying on such information.
Monitoring:
You agree that any and all material stored, hosted, transferred, or otherwise made available for private or public use on any web, mail, or database server owned and/or operated by Company is subject to monitoring by any authorized Company representative. This may include, but is not limited to, web files, source code, email messages, data stored in a database, audio and/or video files, application files, or any other form of electronic data capable of being digitally stored. You agree to defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees, ("Liabilities") asserted against Company, its agents, its customers, servants, officers and employees for any actions involved in the monitoring of such data.
Backup:
You agree that it is your responsibility to ensure that any and all data stored on Company's servers is properly backed up on a regular basis, following industry-accepted backup procedures. You agree not to hold Company responsible for any direct, indirect, incidental, special or consequential damages that result from a loss of data that is stored on Company servers.
Maintenance:
Company designates time periods ("scheduled maintenance windows") during which it may limit or suspend the availability of the service to perform necessary maintenance or upgrades. Company will only provide notice via electronic mail to customer of scheduled maintenance.
In the event of a server upgrade or migration, you agree that is it your responsibility to ensure that all data is migrated to any new hardware that Company designates. Company will attempt to provide reasonable notice regarding any such upgrade or modification to existing hardware. Company may, at their discretion, migrate some or all of your data, based on individual circumstances, however this act should not be expected, and Company reserves the right to decline such action. If such migration is performed, you agree to accept financial responsibility for the cost of labor for such migration at a fixed rate of $35/hour for the total amount of time to perform such migration.
If any such migration is performed in accordance with routine maintenance, or any other form of maintenance to assist in correcting any issue reported by you in regards to your account and/or services, you agree to accept financial responsibility for the cost of labor for such migration and/or maintenance at a fixed rate of $45/hour for the total amount of time to perform such migration and/or maintenance in respect to your account and/or services associated with your account. Any waiver of such fees shall require written approval of Company on official letterhead. Any other form of communication of any such waiver including, but not limited to, telephone, email, or verbal communication shall be deemed invalid and shall not be considered official notification in any respect or form.
Company reserves the right to separately charge for any hardware, software or licensing costs incurred in direct response to any form of disruption or interruption of services to Company's clients or servers caused by your account. Such charges may be applied at any time during your account contract and usage, and for a period of up to one year after the termination of your account and/or services. You confirm and accept Company's right and agree to pay any and all costs related to such occurrance within 15 days of receipt of invoice.
Support:
Company provides technical support to our subscribers via control panel ticket system. Company provides support related to your services or account physical functioning. Company does not offer technical support for application specific issues such as ASP, ColdFusion, .NET, PHP, Perl (scripting errors), HTML or any other such issue. If you are designated as a "reseller" with the appropriate reseller account, Company does not provide any kind of technical support for YOUR customers.
Payment Gateways:
Company may provide its customers with access to real time payment gateways. You will use these gateways at your own risk. Company will not be held liable for processing credit cards or taking online payments directly or indirectly using our equipment or any gains or losses incurred by using them. Please make sure to keep all your data in a secure location.
Customer Security Obligation:
The customer is expected to maintain a secure password consisting of at least 6 characters, a mixture of numbers, special characters and mixed-case letters.
Indemnification:
Customer agrees to indemnify and hold harmless against losses, claims, damages, liabilities, penalties, actions, proceedings or judgments to which an indemnified party may become subject and which losses arise out of, or relate to this agreement or customer's use of the services, and will reimburse an indemnified party for all legal and other expenses, including reasonable attorneys' fees incurred by such indemnified party in connection with investigating, defending or settling any loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
Disclaimer:
Company cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by company are resold. Thus, certain equipment, routing, software, and programming used by Company are not directly owned or written by Company. Moreover, Company holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as company sees fit.
Governing Law:
Company and you agree that all provisions included in TOS shall be governed by the laws of the Commonwealth of Pennsylvania. You agree that exclusive jurisdiction shall remain at all times in the Courts of Allegheny County in the Commonwealth of Pennsylvania.
Severability:
You agree that any provision(s) included in TOS that are deemed by a court of law to be unlawful, invalid or unenforceable, (1) that provision shall be deemed amended to achieve as nearly as possible the same economic affect as the intent of the original provision, and (2) the legality, validity and enforceability of the remaining provisions shall not be affected or impaired thereby.
Unlimited Policy:
Company may offer services with "unlimited" quotas. We will allow you to host as many domains or sites as you need as long as you are not considered to be wasting resources or degrading the system in any way. We will start you off with a soft limit of 100 domains. If you need more domains then that, you can order them at no charge. We will not terminate any account for the terms in the unlimited policy but would prefer to work with a client to find a better less resources heavy solution if we feel one is needed.
Money Back Guarantee:
Company is pleased to offer a 30-day money-back guarantee on all packages. If we should fail to provide you with the level or type of service you require, you will receive a full refund (minus setup fees and other charges) if you cancel your account within 30 days of the activation of your account.
No refunds are available after 30 days. Any request for cancellation must be received via our online support ticket system (inside the control panel). Once a request is placed it will be processed upon verification. Cancellations over the telephone and informal email are not accepted. Our guarantee does not apply to accounts which violate our acceptable use policies, exceed the data transfer limits, domain name registrations or accounts you have resold.
Accounts cancelled/terminated by Company for violating our company rules, accounts which exceed data transfer limits and other assigned resource limits do not qualify for the 30-day money back guarantee.
These terms and conditions are subject to change at any time without notice. It is your responsibility to ensure that you check for updates to this page frequently. Failure to do so may result in suspension and/or termination of your account.
