§1. Legal Notice:
DeSalvio Web DeSigns leases Unlimited Hosting Server Service from DreamHost Web Hosting Server Service and is authorized through DreamHost to resell Unlimited Web Hosting Server Service to our clients. DeSalvio Web DeSigns brokers web hosting space from DreamHost Web Hosting’s Server Service and provides technical knowledge and insight to our hosting clients to facilitate site configuration.
The Client expressly agrees that use of DeSalvio Web DeSigns Hosting Service is at The Client’s sole risk and either DeSalvio Web DeSigns, its employees, affiliates, agents, third party information providers, merchants, contractors, licensers or the like, warrant that DeSalvio Web DeSigns Hosting 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 Hosting service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the DeSalvio Web DeSigns Hosting service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall DeSalvio Web DeSigns, its offices, agents or anyone else involved in creating, producing or distributing hosting server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the DeSalvio Web DeSigns Hosting 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 DeSalvio Web DeSigns Hosting records, programs, files, accounts or services. The Client hereby acknowledges that this paragraph shall apply to all content on DeSalvio Web DeSigns Hosting service.
Notwithstanding the above, The 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 amount which The Client paid during the current contract term.
The Client agrees that it shall defend, indemnify, save and hold harmless, DeSalvio Web DeSigns from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against DeSalvio Web DeSigns, 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 The Client, its agents, employees or assigns. The Client agrees to defend, indemnify and hold harmless DeSalvio Web DeSigns against Liabilities arising out of:
- Any injury to person or property caused by any products sold or otherwise distributed in connection with DeSalvio Web DeSigns Hosting Service;
- Any material supplied by The Client infringing or allegedly infringing on the proprietary rights or Intellectual Property of a third party;
- Copyright or trademark infringement;
- Any defective product, warranties and claims which The Client sold on DeSalvio Web DeSigns Hosting Service;
- Unauthorized access and/or use of personal, private or financial data or files stored on the server space provided by DeSalvio Web DeSigns.
The Client may only use DeSalvio Web DeSigns Hosting Services for lawful purposes. Transmission of any material in violation of any Country, Federal, State of Local laws or regulations is prohibited.
The Client is prohibited from using DeSalvio Web DeSigns Hosting Service to house copyrighted information to which The Client does not retain legal rights to use.
DeSalvio Web DeSigns offers web hosting services for $40 per month and reserves the right to adjust pricing, make administrative adjustments, apply discounts and adjust service as needed. The Client has the right to specify an acceptable billing cycle (Monthly, Biennially, Annually). The Client can adjust the billing cycle between cycles, progressively (Monthly-Biennially-Annually) but is restricted from adjusting regressively (Annual-Biennial-Monthly) while engaged in a payment term.
DeSalvio Web DeSigns will bill for hosting on the 10th day of each month where hosting is due and payment will be due by the end of that calendar month. The Client will receive an invoice by e-mail (specified at signing) and will have the ability to view the invoice online. All invoicing is handled through DeSalvioWebDeSigns.com and requires The Client to make a free user account to securely access their account. An e-mail reminder will be sent out on the 20th day of each month where hosting is due and will resume until payment has been made. In the event payment has not been made by the end of the month where hosting is due, a late notice will be e-mailed the following day. The Client will be contacted directly by DeSalvio Web DeSigns to discuss the delinquency of the account. Lack of payment will follow §6. Default of Payment as outlined below.
§6. Default of Payment:
Default of payment will be determined on a per project basis and if unspecified by DeSalvio Web DeSigns will default to 30 calendar days from original dated invoice unless otherwise stated. In the event of a late payment occurring on or after 12:00am of the 31st day will be subject to a 10% late fee based on the overall invoice total and will therefore be granted an additional 10 calendar days to complete payments.
In the event that payment is not received and the account not made current, the hosting account and/ or website will be suspended pending further agreements. The Client agrees to pay an additional startup or activation fee of $_______ to re-establish the hosting account.
Removed pages will not be restored until the invoice amount has been paid in full, including any and all associated fees. The Client shall not under any circumstances be charged labor fees associated with the removal process. DeSalvio Web DeSigns shall accept no responsibility to any monetary business loss or damages associated with the removal of the page as it is at the discretion of The Client to accept these terms upon initiating the project and is aware of any such stipulations.
§6. This Agreement:
This agreement constitutes the sole agreement between DeSalvio Web Designs and the Client regarding this Web Design Project. Any additional work not specified in this contract (Web Design) or any other amendment or modification to this contract must be authorized by a written request signed by both Client and DeSalvio Web Designs. All prices specified in this contract will be honored for 6 months after both parties sign this contract. Continued services after that time will require a new agreement.
The undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business.
What information do we collect?
We collect information from you when you register on our site, fill out a form or initiate a project with DeSalvio Web DeSigns.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number, credit card information or website. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
; To personalize your experience
(your information helps us to better respond to your individual needs)
; To improve our website
(we continually strive to improve our website offerings based on the information and feedback we receive from you)
; To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)
; To administer a contest, promotion, survey or other site feature
; To send periodic emails
The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Database to be only accessed by those authorized with special access rights to our systems, and are required to?keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into their dashboard and going to the ‘Edit Profile’ page from your account .
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at http://desalviowebdesigns.com/terms-conditions
This policy was last modified on November 18, 2011
PO Box 4723, 300 E Bonita Ave
San Dimas, California 91773
United States of America