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KillerGraffix provides its services to you, subject to the following
Terms of Service, which may be updated by us from time to time without notice to you. You are
responsible for regularly reviewing these terms and conditions.
Acceptance of Terms:
Your use of our services constitutes your agreement to all such
terms, conditions, notices, and codes of conduct. Your use of a particular website within
KillerGraffix's website is subjected to the same terms and conditions in this agreement.
Additionally, the Web Sites may themselves contain additional terms you must abide
to.
KillerGraffix Clients & Third Party Business
Dealings:
Any correspondence or business dealings with KillerGraffix clients,
third parties, (including advertisers) Services or participation in promotions, including the
delivery of and the payment for goods and services, and any other terms, conditions,
warranties or representations associated with such dealings or promotions, are solely between
you and the advertiser or other third party. KillerGraffix shall not be responsible or liable
for any part of any such dealings or promotions. KillerGraffix will not be liable for loss of earnings or liable for
any damages whatsoever due to account suspension for outstanding billing or any other
accounting issues, the failure of our server hardware or software systems, or from your
use, misuse, inability to use, or reliance upon the web site.
Links:
KillerGraffix may contain links to third party web sites and
KillerGraffix client web sites. Some of the Linked Sites are not under the control of
KillerGraffix, nor is KillerGraffix responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or updates
to a Linked Site. KillerGraffix is not responsible if the Linked Site is not working
appropriately. KillerGraffix is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by KillerGraffix of the site or any
association with its operators. You are responsible for viewing and abiding by the privacy
statements and terms of use posted at the Linked Sites. Under no circumstances will
KillerGraffix be liable in any way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or otherwise made available via
other medias.
Complaints & Legal Disclosure:
You acknowledge and agree that KillerGraffix may terminate your
website or web hosting account and disclose personal information if required to do so by law
or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce our Terms & Conditions (c) respond to claims
and complaints that any Content violates the rights of users, third-parties; or (d) protect
the rights, property, or personal safety of KillerGraffix, its users and the
public.
Code of Conduct:
We have zero tolerance for SPAM, Unsolicited Bulk Email and Email
Abuse. If KillerGraffix learn that you are promoting a site hosted or designed by us to be
used for "spam" or unsolicited bulk email or opt-out email, your account will be terminated
immediately, without notice or refund.
By using KillerGraffix's services, you agree not
to:
impersonate any person or entity, including, but not limited to,
KillerGraffix Providers, guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity; Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or
information.
- forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
- defraud the general public with products or services that are of
illegal nature or do not exist.
- upload files that contain viruses, Trojan horses, worms, time
bombs, cancelbots, corrupted files, or any other similar software or programs that may
damage the operation of another's computer or property of another.
- Harvest or otherwise collect information about others, including
e-mail addresses.
- "stalk" or otherwise harass another;
Indemnity:
You agree to indemnify and hold KillerGraffix, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees, harmless from any
claim or demand, including reasonable attorneys fees, made by any third party due to or
arising out of Content you submit, post, transmit or make available through the Service, your
use of the Service, your connection to the Service, your violation of the Terms of Service,
or your violation of any rights of another.
Disclaimer:
LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES.
LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE
WEBSITE SITE OR RELIANCE ON THE WEB SITE, FROM INABILITY TO USE THE SITE, OR FROM THE
INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES OFFERED ON THE SITE
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH
RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS BY
REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR
RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. SUCH LIMITATION SHALL APPLY, WITHOUT
LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR
LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE
OF THE SITE OR ANY PRODUCTS, SERVICES, INFORMATION, OR MERCHANDISE THAT APPEARS ON, OR IS
LINKED OR RELATED IN ANY WAY TO, THE SITE. THESE LIMITATIONS SHALL APPLY NOT WITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATIONS SHALL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW.
Website Ownership:
After full payment to KillerGraffix as agreed in our service
agreement, the website is yours, with the exception of specific images and graphics which
already belong to KillerGraffix or are licensed to KillerGraffix. Any individual designs,
logos, images, etc. that you bring for the site are yours, any logos, banners, or images
KillerGraffix create specifically for you are yours if they are paid for. Copies of your
complete website can be downloaded from your ISP's server our servers (if you're hosted by
KillerGraffix). If you want a copy of the website on disk, we will be happy to burn a copy of
it on CD for the cost of $10.00.
Website Maintenance:
The design of a website excludes ongoing maitenance, unless otherwise
stated in your original service contract. KillerGraffix offer a variety of Website
Maintenance Packages to suite your needs, starting at $24.95 per month. At it's discretion,
KillerGraffix also provides complimentary text updates that are considered "minor" or
"one-time" changes.
Domain Name Ownership:
Your domain name, if you buy one, is yours, not KillerGraffix. If the
Registration was processed by KillerGraffix, we will do so in your own name, and will supply
you at that time with any passwords and security information you might require to update your
account. We will have this information as long we maintain your site.
Copyright material:
All material contained in your web site must be your own intellectual
property, or licensed for use by you (and by extension, by KillerGraffix, for your web site).
Exceptions are images which we have license to use, or material which is used in a very
limited way according to the "Fair Use" clause of copyright law. If KillerGraffix is apprised
of content which is not legally yours or ours to use, we will remove that content from the
web site as soon as we are made aware of the infringement. KillerGraffix reserves the right
to notify or not notify you in advance of such changes.
Web Hosting Cancellation:
Hosting Agreement is billed annually and NON- CANCELLABLE,
NON-REFUNDABLE for a term of 12 months.
If you choose at some point to move your website to another host or
another webmaster, please send an email to support 30 days prior to the cancellation of your account. It is your
responsibility to move your website files off KillerGraffix's server.
Payment Terms:
KillerGraffix accepts: check, money order and credit
card via Paypal ( a 3% convenience fee is applicable to all credit card payments)
Payment Address:
3639 Midway Drive Ste. B-200
San Diego, CA 92110-5254
Web Development: 75% deposit before commencement and
full payment upon completion of project as outlined in original quotation. The work will be
uploaded to KillerGraffix's website for client's review. Upon full payment, KillerGraffix will
upload site to client's host.
Cancellation/Refunds Disclosure: Web Development
Service agreement is non-cancelable or refundable once commencement of work has begun. Commencement
of work includes verbal and written consultation, conceptual art creation, domain name
registration, and hosting setup. Cancellation of Service Agreement request must be submitted in
writing to and received by KillerGraffix within 3 days from the date of the signed Agreement or
date the initial payment deposit is received. Acceptable methods of notification either by Email,
Fax or email or US Mail.
Graphic Design: (Logos, Business Cards, Brochures,
etc.): 100% payment due before commencement of project. Final product will be released to client on
disk or via email electronically.
Web Maintenance: Updates and changes is $85 per hour -
1 hour minimum At our discretion, we will request a retainer fee of $100 and up depending on the
scope of work before starting a job. We accept pre-authorization on a credit card, cash or check
deposits. The deposit will be applied toward the balance of the job. If the scope of work is less
than the deposit, KillerGraffix will issue a credit to client.
If client fails to pay for the completed work within five (5) working days of
being invoiced, a courtesy late-notice will be e-mailed to the billing address as it appears in the
Company Profile. It is the customer's responsibility to keep their billing information updated. If
client fails to pay within five (5) working days of the courtesy notice, client will incur a late
fee of $25 for every five (5) days of non payment.
For total non payment of monies owed after (30) days, KillerGraffix will turn
account over to a Collection Agency.
Hosting Billing Policy
Approximately 15-20 days prior to the end of the month, KillerGraffix will
send your invoice to the "billing e-mail address" in your company profile. Payment is due by the
1st of the Month. Invoices 5 days past due will be subject to a late fee of $35.00.
On the 5th of the month, if payment has not been received, a courtesy
late-notice will be e-mailed to the billing address as it appears in the Company Profile. It is the
customer's responsibility to keep their billing information updated.
Any unpaid accounts will suspended at noon on the 5th day. To reactivate a
suspended account, a $35 fee is applicable. If a suspended account is not
paid in full by the 30th day of the month, the account will be removed off our servers which can
result in permanent lost web files. Any deleted accounts will have to sign new contracts to receive
KillerGraffix service.
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