| iTech Developers - Terms and Conditions of Service |
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Contract:This is a legal agreement between iTech Developers and the Customer. Acceptance of this Contract as laid out by iTech Developers indicates that the Customer has fully read, fully understands and fully agrees with all portions of this Contract for all services purchased on behalf of the Customer. The Customer agrees to be bound by the length of this Contract as set forth by the terms of Services purchased by the Customer. This Contract begins on the date that the Customer completes the on-line registration process and will continue until terminated in accordance with this Contract. In the event that the Customer is unable to complete the registration process and requests that iTech Developers handle this process on their behalf; all terms and conditions as outlined in this document remain in full effect.
Occasionally iTech Developers may: (a) change the technical specification of the Service; (b) suspend the Service for operational reasons such as repair, maintenance or improvement of the Service or because of an emergency.
The Service is provided solely for the Customer's own use (including use by Authorized Users) and the Customer will not sell or attempt to sell the Service (or any part or facility of it) to any third party. iTech Developers hereby does not release any resell rights to the Customer or any Authorized User to and for any services provided by iTech Developers. The Service must not be used by the Customer or any Authorized User in a way that does not comply with: (a) the terms of any legislation or any license applicable to the Customer or that is in any way unlawful; The Service must not be used by the Customer or any Authorized User: (a) fraudulently, in connection with a criminal offence, or otherwise unlawfully; (b) in breach of confidence, copyright, trademark, service mark, patent, privacy or any other rights; (c) to cause annoyance, inconvenience or needless anxiety, to include mass email spamming; (d) other than in accordance with the acceptable use policies of any connected networks. The Customer must not use this Service in any manner which infringes the rights of any person in a corresponding trade mark or name. iTech Developers may either refuse to provide or may suspend Service if, in iTech Developers' opinion, there are reasonable grounds for iTech Developers to believe that the Customer's use of Services is likely to be used for a dishonest purpose, offensive, abusive, defamatory, obscene, or in violation of any person's intellectual property or similar rights. In such cases, the Customer forfeits all rights to Services and / or monies paid to obtain these Services. Anti-Spam PolicyEmail Spamming - Forbidden! SPAMMERS OR SUSPECTED SPAMMERS ARE SUBJECT TO AN ABSOLUTE NO-REFUND POLICY Terms of ServiceThe Customer hereby accepts that they are entering into a valid legal and binding agreement with iTech Developers for services or products offered by iTech Developers. The length of the Customer's contract shall be based on the time period(s) selected by the Customer during their initial sign-up as set forth by iTech Developers. The Customer will remain under contract with iTech Developers during paid intervals of service, for the term of those Services, and all parts of this document (terms and conditions) shall remain in effect and will fully apply to the Customer's accounts and services during such periods and to include the extension of all legal protections for a maximum of 7 years following termination of all Services on behalf of the Customer. Internet The Service does not provide or include access to the Internet. The Customer's use of the Internet is solely at the Customer's risk and subject to all applicable laws, and iTech Developers has no responsibility for any information, software, services or other materials accessed or obtained by the Customer using the Internet. Indemnification The Customer hereby agrees to indemnify and to hold iTech Developers harmless from and against any claim brought by a third party resulting from the use of the Service or by the Customer and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred by iTech Developers in consequence of the Customer's breach or non-observance of the Contract. The Customer shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against iTech Developers arising from the above claims and shall provide iTech Developers with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the Customer's sole expense. This section "Indemnification" shall remain in effect for five years after the termination of this Contract.
Payment & Service Cancellation ProvisionsNOTICE TO ALL CUSTOMERS All of iTech Developers subscription based services are: ConfidentialityiTech Developers will keep in confidence any information provided to it by the Customer when registering for the Service or otherwise under this Contract and will not disclose that information to any person (other than its employees, contractors, or professional advisers, or the employees who need to know the information) without the Customer's consent. Confidentiality will not apply to: (a) any information which has been published other than through a breach of this Contract; (b) information lawfully in the possession of the recipient before the disclosure under this Contract took place; (c) information obtained from a third party who is free to disclose it; (d) information which a party is requested to disclose and if it did not could be required by law to do so; or (e) information which has been reduced by iTech Developers to anonymous, non-personal form before disclosure. Confidentiality will remain in effect for 2 years after the termination of this Contract. Limitation of LiabilityThis section, and the section immediately following, include information about iTech Developers' Limitation of Liability regarding our full service offerings plus unique information regarding individual services offered - and should be fully reviewed by each client on a regular basis. iTech Developers is not liable to the Customer, either in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, business or anticipated savings, nor for any indirect or consequential loss or damage or for any destruction of data. Additionally, the Customer is responsible for maintaining their own data, in all forms, and for any effects or defects to such data, be it in the form of web site hosting or search engine marketing. iTech Developers liability to the Customer in contract, tort (including negligence) or otherwise in relation to this Contract is limited to $100 for any one incident or series of related incidents and to $200 for all incidents in any period of 12 months. iTech Developers is not liable to the Customer either in contract, tort (including negligence) or otherwise for the acts or omissions of other providers of telecommunications or Internet services (including domain name registration authorities) or for faults in or failures of their equipment. Nor is iTech Developers in any way responsible for any actions taken against a Customer's web site for marketing practices which may directly effect the Customer's web site rankings on one or more Search Engines. Each provision of this Contract, excluding or limiting liability, operates separately. If any part is held by a court to be unreasonable or inapplicable, all other parts shall continue to apply.
Specific Limitations of LiabilityThe following section includes specifics regarding iTech Developers' limitation of liability to the Customer in specific instances. The list of service liabilities below do not cover all instances of the services provided by iTech Developers. For instances not covered in the following section, the Law of this document, in its entirety, will be applied. Website Functionality All scripting used during development is promised to be up-to-date, but not completely error-free at installation. As new versions of core programs for a web server are updated, scripts and other site functions may fail over time. It is the Customer's (site owner's) responsibility to ensure that such scripts remain functional at all times, and never the sole responsibility of iTech Developers to manage or detect such faults on behalf of the Customer. Such scripts include but are not limited to: form-to-email, phpWebSite, osCommerce, common CMS and shopping cart programs, Fantastico Scripts, or any special site functions as either installed by iTech Developers or by the Customer. iTech Developers will not be held responsible by the Customer for the usage, upgrades or status of any third-party software released under a General Public License to include phpWebSite and osCommerce and any software made available through iTech Developers hosting services or by any third party vendors. iTech Developers is not responsible for losses of data or any business critical information due to the usage of such General Public License software. Customer accepts all terms and conditions as set forth by standard General Public Licensing, and extends all protections and disclaimers shown within the General Public License to iTech Developers, affording iTech Developers the same protections as granted by the General Public License. Free "Gratis" Hosting Services May Be Revoked At Any Time and Without Notice Each Customer has access to CPanel Hosting Controls, from which they can review the proper name of their hosting account along with the amount of resources available on any given day. iTech Developers will often boost bandwidth, hard drive space or other resources to help a Customer through "a time of need". Such boosts are often done "for the Customer" without their knowledge, and are strictly designed to "give" a Customer more of a particular resource right when they need it most. These temporary boosts in resources are denoted in each Customer's CPanel at the end of the "Hosting package" name using a lower-case "g" (as in "gratis"). The line item immediately preceding the "g" is what has been "temporarily" given to the Customer for free. Gratis hosting account resources may be reclaimed by iTech Developers at any time and without notice. Matters Beyond Reasonable Control - Acts-of-God Clause If iTech Developers is unable to perform any obligation under this Contract because of a matter beyond its reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or acts of local or central Government or other competent authorities, or events beyond the reasonable control of its suppliers, iTech Developers will have no liability for that failure to perform. Domain Names The Customer confirms and warrants that it is the owner of, or that the Customer has been and is duly authorized by the owner to use, any domain name, trade mark or name requested or allocated as its Name. iTech Developers accepts no responsibility in respect of the use of a domain name by the Customer and any dispute between the Customer and any other individual or organization regarding a domain name must be resolved between the parties concerned. iTech Developers will take no part, unless compelled by the Law, in any such dispute. iTech Developers reserves the right, on becoming aware of such a dispute concerning a Customer's domain, in any sense, at its sole discretion and without giving any reason, to either suspend or cancel the relevant service associated with the domain name, and/or to make such representations to the relevant naming authority as it deems appropriate. Business Type Specifications iTech Developers does not accept registration, nor does iTech Developers offer services to web site owners of, or web sites which contain Adult Content or sites used for Online Gambling. If iTech Developers discovers that a Customer's web site is in violation of either of these practices, the Customer's account will be immediately terminated. Absolutely no refunds will be granted to web sites which are posted to iTech Developers Hosting Server which contain Adult or Gambling content. At the sole discretion of iTech Developers, refunds may be granted to Customers of Adult and Gambling content sites only if it is clear to iTech Developers at the time of processing the Customer's initial order for hosting services and if the hosting account has not been processed due to the content specific nature of the site. SEO Marketing Stipulations Passing Lane and any SEO services offered by iTech Developers, are tested and proven ways of improving a Customer's web site ranking, but not all sites benefit at the same level. iTech Developers makes no guarantees as to the level of success that individual web sites will achieve with this program. The methods used to optimize a Customer's web site will comply with current SEO marketing strategies and techniques which are currently known to draw in additional traffic from the search engines. Due to constant updates on what the search engines will accept as working SEO content, iTech Developers is never responsible for SEO content left on a Customer's web site which has been deemed by one or more search engines as no longer being acceptable SEO content and which may harm the web site's rankings, or even get that web site banned from one or more search engines. The Customer is solely responsible for all damages, be them real or virtual brought upon their web sites or directly upon themselves or their business as the result of SEO contents which were placed on their web site by iTech Developers in good faith and in a professional manner. Passing Lane / SEO does not claim to include continuous monitoring of the Customer's search engine rankings. Passing Lane services include initial web site optimizations and search engine submissions services for the length of each service period. The Customer is responsible for maintaining and not overwriting web page optimizations as prepared by iTech Developers. SEO Methodology iTech Developers uses widely accepted SEO marketing tactics in the writing or rewriting of web site content with respect to SEO Marketing where the intended goal is to develop web site content geared towards driving additional search engine traffic to a web site. As of the development of this Contract there are no standardized guidelines which govern such marketing actions or tactics, and therefore iTech Developers will not be held responsible for any damages which arise from inappropriate marketing strategies which may be defined and come into effect by individual search engines, or the SEO industry over time. iTech Developers will not be held responsible for any damages or actions taken against the Customer or Authorized Users through the use of any services offered by iTech Developers or as outlined in this contract. Bid For Placement Engines There are several engines which operate under a bidding process which must be maintained by the Customer, in order to keep listings from disappearing from the 'high bidders' index. iTech Developers' Passing Lane or any of iTech Developers' SEO services do not involve your site directly with these Bid-For-Placement Engines and we therefore take absolutely no responsibility for the use of such systems, or their impending results. Search Engine Cloaking Cloaking is a special service and software offered by iTech Developers. Sometimes featured on our site as "Gateway Pages, Doorway Pages or Search Engine Cloaking", all of the following conditions are hereby accepted by the Customer when placing an order for Cloaking services and software:
All hosting customers will have controlled access to their hosting account via cPanel Hosting Controls. The election on behalf of The Customer to activate cPanel features or to deactivate cPanel features are the sole responsibility of The Customer. Misuse of the cPanel controls, leading to financial, data or other damages are the sole responsibility of The Customer, and not of iTech Developers. iTech Developers is in no way responsible for managing, handling, deleting, storing or in any way interacting with spam emails which may enter your email accounts. cPanel offers Spam Assassin which if misused by The Customer can block relevant emails. The decision to activate and the use of Spam Assassin is the sole responsibility of The Customer. Any services offered by iTech Developers, present or future, for the management of Spam Emails are offered in good faith, and should be considered by the Customer as handy tools not perfect solutions. The Customer accepts that any loss of relevant emails due to any action taken by the Spam Filters either within The Customers' cPanel, or by our primary hosting servers are in no way the responsibility of iTech Developers. The Customer hereby accepts full responsibility for any damages, physical or financial on behalf of The Customer caused by the loss of relevant emails or by the flux of incoming spam to their email accounts.
Termination, Breaches, General Legalities of this ContractTermination of this Contract by Notice Customers may cancel at any time within a paid period by contacting iTech Developers in writing. Customers will be contacted to verify their information before the Service is canceled. In the event of cancellation, failure on behalf of iTech Developers to reply to the Customer in a timely manner will not result in additional charges as the account will be on record as having been canceled current as of the date that notice is actually received by iTech Developers, and not based on any other criteria. Upon cancellation of any search engine submission based services, a Customer's subscription will run until current payments have been exhausted. No refunds will be granted. iTech Developers may terminate this Contract on 14 days notice to the Customer, without prejudice to any rights that may have accrued before termination. Breaches of this Contract Either party may terminate this Contract or the provision of Service under it without notice if the other: (a) commits a material breach of this Contract, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so; (b) commits a material breach of this Contract which cannot be remedied; or (c) is repeatedly in breach of this Contract; If any of the events detailed immediately above occur because of the Customer or an Authorized User, iTech Developers may suspend the Service without prejudice to its right to terminate this Contract. At its sole discretion, iTech Developers reserves the right to suspend or terminate any Authorized User's use of the Service as an alternative remedy to immediate termination of the Contract. This remedy is without prejudice to iTech Developers right subsequently to suspend or terminate the contract. iTech Developers may refuse to restore Service which has been suspended under this paragraph until it has received assurances satisfactory to iTech Developers that the breach has been remedied and will not be repeated. Termination under this paragraph is without prejudice to any rights that may have accrued before termination. If either party delays in acting upon a breach of this Contract that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Contract that waiver is limited to that particular breach. iTech Developers can change the Conditions of this Contract at any time, so long as Customer's are notified when such changes may effect their contractual rights. Notices of change will be posted to the iTech Developers web site for a period of 1 week following updates to these terms. Assignment Neither party may assign or transfer any of its rights or obligations under this Contract, without the written consent of the other. Entire Agreement This Contract contains the whole agreement between the parties and supersedes all previous written or oral agreements relating to its subject matter. Notices Notices given under this Contract may be delivered on-line or by e-mail. Additionally, iTech Developers may publish notices to the Customer via the iTech Developers web site; notices will be deemed effective on the date of publication, or otherwise as notified to the Customer by iTech Developers. A notice from iTech Developers which is sent by e-mail to the Customer's e-mail address will be deemed effective 3 days after the date it is sent. A notice from the Customer to iTech Developers will be deemed effective when received by iTech Developers at the e-mail address notified by iTech Developers to the Customer. In the event that notices are both posted to the iTech Developers web site and notices are delivered by e-mail, such notices are deemed effective on the date of publication to the web site. Data Protection Consent By accepting the terms and conditions of this Contract, the Customer grants iTech Developers and its agents processing data on iTech Developers behalf, permission, in accordance with the Data Protection Acts 1984 and 1998, to send the Customer unsolicited advertising and promotional material pertaining to other iTech Developers products and services and to third-party products and services selected by iTech Developers. The Customer may revoke permission to iTech Developers and its agents to send the Customer unsolicited advertising and promotional material pertaining either to other iTech Developers products and services or to third party products and services, or both, by notifying iTech Developers by e-mail of said revocation. Law This Contract is governed by the law of the United States of America, and the Customer submits to the exclusive jurisdiction of the Courts of the United States of America.
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