WebStream Design GroupWebStream Design Group

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Terms of Use and Policies

 


Web Designs:
All web designs completed by WebStream Design Group, will include a small graphic or text link along with your copyright. This link will lead back to WebStream Design Group's Web site. If client does not allow this link to be included on our Web site work, an additional $1,000 fee will be charged for web design.

Unwanted Material
Any material or files that are, in our sole discretion, illegal, libelous, encourage conduct that would constitute a criminal offense, or otherwise violate any local, state, national, or international law or legislation are not permitted to be transferred by way of our services. Transmission, distribution, or storage of any information, data, or material in violation of United States or state regulation or law is prohibited. Copyright, trademark, or trade secret material may not be used without the permission of its respectful owner. Child pornography is prohibited on all WebStream Design Group Web servers, as are hate sites, hacker sites,warez sites, or sites with the intent to spam targets are not allowed. Spam is a direct violation and the web site with this content will be deleted without notice or refund. Also prohibited are sites that promote any illegal activity or present content that may be damaging to WebStream Design Group Web servers or any other server on the Internet. Any misuse of our services for any of the above purposes may result in site suspension or termination of our services.

If you are unsure whether or not your site falls into this category feel free to contact us with a description before signing up for an account or publising material as an existing customer.

WebStream Design Group Web will be the sole arbiter in determining violations of this provision.

Examples of unacceptable content:

  • Pirated software
  • Hate propaganda
  • Child pornography
  • Violations of Copyrights
  • Hacker programs or archives
  • Warez sites

WebStream Design Group will be the sole arbiter as to what constitutes a violation of  this provision.

Spam or Commercial Email:
Spamming, or the sending of unsolicited email, from a WebStream Design Group Web account or using an email address or domain that is maintained as an WebStream Design Group account as reference is STRICTLY prohibited. As delegated by our backbone provider, any sites using spam or selling of spam related software or bulk email content will be closed. This does not include the ListServs provided by WebStream Design Group, with the expection of misuse or sending unsolicited email from such ListServs.

WebStream Design Group Web will be the sole arbiter as to what constitutes a violation of this provision.

Account Deactivations:
Any account deactivated due to non-payment will require a reactivation fee of $10, to be paid prior to reactivating the account.

Server Abuse:
Any attempt to undermine or cause harm to a server, or customer of WebStream Design Group Web is strictly prohibited. Offenders will be prosecuted to the fullest extent of the law.

Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Limitation of liability:
Your use of WebStream Design Group services are at your sole risk. All WebStream Design Group Web services are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.

WebStream Design Group makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the WebStream Design Group Web service. 

IN NO EVENT WILL WEBSTREAM DESIGN GROUP BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WEBSTREAM DESIGN GROUPS SERVICES OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

The formation, construction and interpretation of this agreement shall be controlled by the laws of the United States. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the courts in the United States, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.

WebStream Design Group reserves the right to change or amend these Terms of Service at any time without prior notice. By submitting your order to WebStream Design Group, you signify your agreement to these Terms of Service.

If you do not agree to these Terms, please don't submit an order!
 

Violations of these Acceptable Uses Policies and Terms of Service should be referred to wsdg@webstreamdesigngroup.com. All complaints will be investigated promptly.Serious violations of terms or conditions can be ground for immediate account deactivation without refund.

WEB HOSTING AGREEMENT:

WebStream Design Group is a web hosting provider offering storage and transfer of documents and other information over the Internet;

Client seeks to use these servers for its own purposes;

The parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, WebStream Design Group can make no guarantee that any given party shall be able to access the server made available by WebStream Design Group at any given time. WebStream Design Group represents that it shall make every good faith effort to ensure that the server is available as widely as possible and with as little service interruption as possible;

Therefore, in consideration of the mutual promises contained herein, the parties agree as follows; WebStream Design Group will exercise no control whatsoever over the content of the information passing through the network except for what is noted in below sections of this agreement, relating to Lawful Purpose, and with respect to the WebStream Design Group Policies and Terms Of Service Agreement located at http://www.webstreamdesigngroup.com/policies.htm

WebStream Design Group makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. WebStream Design Group also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of WebStream Design Group is at the Client's own risk, and WebStream Design Group specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. WebStream Design Group does not represent guarantees of speed or availability of end-to-end connections. WebStream Design Group specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

Copyrights & Trademarks:
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.

Age:
Client certifies that he or she is of full legal age, (18 year of age or older) to enter into this agreement. If Client is not of legal age, a guardian must agree to the agreement and content herein.

Policies
Client agrees to all terms in the WebStream Design Group Policies and Terms Of Service Agreement located at http://www.WebStreamDesignGroup/policies.html

WebStream Design Group network resources used by Client may not be used to misrepresent authorization, impersonate another person, or act on behalf of others or WebStream Design Group. Users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

Termination:
WebStream Design Group may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with any of the terms of this Agreement.

Termination for any violation of the TERMS OF USE AND POLICIES shall be immediate. WebStream Design Group may, within its option, cancel or suspend service immediately should it believe Client has violated or is about to violate the WebStream Design Group Terms of Service agreement located at http://www.WebStream Design Group/policies.html or should the Client fail to remit payment to WebStream Design Group by the Client's invoice due date.

Limited Liability:
Client expressly agrees that use of the Server offered by WebStream Design Group is at Client's sole risk. Neither WebStream Design Group, its employees, affiliates, agents, merchants licensers or the like, warrant that the Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the WebStream Design Group Server service agreement.

Under no circumstances, including negligence, shall WebStream Design Group, its offices, agents or anyone else involved in creating, producing or distributing WebStream Design Group's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the WebStream Design Group Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to WebStream Design Group's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on WebStream Design Group's Server service.

Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement.

Lawful Purpose:
Client may only use WebStream Design Group's Server service for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, illegal content, or material protected by trade secrets.

Indemnification:
Client agrees that it shall defend, indemnify, save and hold WebStream Design Group harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees asserted against WebStream Design Group, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless WebStream Design Group against Liabilities arising out of any of the following:

- any injury to person or property caused by any products sold or otherwise distributed in connection with WebStream Design Group's Server service;
- any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement; and
- any defective product which Client sold on the Server offered by WebStream Design Group.

Domain Name Ownership, Disputes, and Use

Any domain name registered by WebStream Design Group on behalf of Client is the property of said Client after the Client has paid WebStream Design Group any registration fees that WebStream Design Group has incurred on behalf of the client. WebStream Design Group claims no ownership over Client domain names that the Client has paid to register.

This Agreement shall be governed and construed in accordance with the laws of the State of Missouri.

 
   
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