This document outlines the Agreement and Terms of Service, TOS, for websites built, hosted, and maintained by Beach Crab Designs, LLC, "Beach Crab", and the purchaser of web design, maintenance, and hosting services, "User", herein defined as either an individual, a LLC, or a corporation.
If for an individual, User certifies he or she is of legal age, in the state of User's residency to enter this agreement. If an LLC or Corporation, signer represents they have authority to bind the LLC or Corporation to a contract.
This TOS shall constitute a binding agreement between Beach Crab Designs, LLC, "Beach Crab", and User when User answers "Yes" to agreement at the bottom of the agreement form and clicks "I agree".
Beach Crab will build site to XHTML standards using CSS 2.1 and asp.net and/or other technologies listed below in accordance with the "Proposal". Significant deviation from the Proposal may result in additional fees. Website will be built to deliver maximum cross browser functionality to generally accepted commercial browsers using computer screen media. Scripting languages will include but not be limited to java, asp, asp.net, visual basic, C# and SWF flash. User will have full access to test server during build.
Technology choices will be determined by Beach Crab to achieve the functionality of the site. Beach Crab will use best efforts to launch site as soon as possible after initial payment.
Beach Crab will use best efforts to obtain high search engine placement using page text, keywords, descriptions, site maps, meta data, and other generally accepted SEO techniques as described in "Google's Search Engine Optimization Guide". Beach Crab specifically makes no representations or guarantees about search engine placement or ranking. Use of "Pay per Click" or other advertsing or marketing tools is at Users, control, descretion, and expense. SEO is not included in a "Basic" site.
Neither party will use any copyrighted materials without expressed written permission of the owner. Should copyrighted materials be provided by User and displayed on the web site, User agrees to indemnify and hold Beach Crab harmless against all claims including but not limited to, penalties, monetary damages, or prosecution.
Website shall remain active from official launch date for a minimum period as defined in the Proposal. "Launch" is the day the site is available for public access and use. IMPORTANT: Site may be ready to launch but all content may have not been provided by User. Incomplete pages caused by User delays in data entry or content provision shall not delay Launch.
Site will Launch and monthly billing will commence one week after notification from Beach Crab that site is ready. Pages not yet completed will be noted "Page under construction". Beach Crab is not responsible for build delays caused by failure of User to provide content, site approvals, or graphic approvals in a timely manner.
At the conclusion of "Initial Term" as defined in the Proposal, ownership of source code and all creative materials transfer to User and upon demand, Beach Crab will deliver all files, databases and code on CD or DVD to User for no additional charge. Installation of site and code on any new hosting provider chosen by User is specifically not included and Beach Crab makes no guarantee of compatabilty with any other hosting provider.
Beach Crab may immediately terminate a Users site should User misuse, misrepresent, or violate any requirement contained in this TOS or any Beach Crab policy or procedure. Beach Crab reserves the right to revise our policies at any time. Additionally, Beach Crab reserves the right to discontinue service for any account that we determine in our sole discretion is being inappropriately or unlawfully used, and reserves the right to refuse service to anyone at our discretion. If an account is used unlawfully or is in violation of the User policy, Beach Crab reserves the right to terminate the account without notice and without refunds.
Determining what constitutes a policy violation is the sole discretion of Beach Crab, and includes, but is not limited to, the following:
AntiSpam Policy - Beach Crab strictly prohibits Users from sending unsolicited mass emails or Spam, whether via email, Usenet or any other form. Any User using spamming techniques for soliciting referrals will be immediately terminated. In addition, their mailing address will be ineligible for opening a new account. This doesn't not prohibit Users from sending e-mails to customers who have "opted in" to receive regular e-mail as related to an established business relationship.
Distribution - Accounts cannot to be used to distribute "cracked" versions of copyrighted software (a.k.a. warez), serial numbers for copyrighted software or copyrighted multimedia files (i.e. music files or MP3's). Sites that contain links to pirated software or illegal contraband are also prohibited.
Adult Content - Sites containing adult material, links to adult material, or adult-oriented merchandise are prohibited. The final determination of what constitutes "adult content" is made by Beach Crab.
Security Violation - Attempts to manipulate servers or web sites are prohibited. This includes, but is not limited to, attempting to gain unauthorized access to servers, mail bombing, or other means of deliberately overloading systems.
Gaming Servers, Mass Files Sharing Sites, Public FTPs, and Proxy Web Browser are prohibited. The final determination of what constitutes "Gaming Server" and "Mass Files Sharing Site" is made by Beach Crab.
Mass Media Sharing - Using web server as any kind of Mass Video/Media download is prohibited. The final determination of what constitutes "Mass Media Sharing" is made by Beach Crab.
Beach Crab reserves the right to make improvements and/or change our web site at any time without notice.
USE OF WEB HOSTING SERVICE IS AT THE USERS SOLE RISK. SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. Neither Beach Crab, its employees, affiliates, third party services, merchant licensors or the like, warrant that web hosting services will not be interrupted or error free. Under no circumstance will Beach Crab, its partners, its employees, or its affiliates be liable for any claims, any action either direct, indirect, special, incidental, or consequential, or any damages either punitive or alleged to have resulted, including loss of profits, from the use of or inability to use Beach Crab service, from Search Engine Placement or Optiminization efforts, from service interruptions, from human errors, from customer errors or problems with their Internet connectivity, from unauthorized access to servers, from communication failure, from bandwidth congestion or interruptions, loss of data, from any type of configuration error, or from acts of God.
There will be a $10 processing fee to re-active an expired or canceled account.
Domain: Beach Crab will register or transfer one domain name free of charge as part of initial set up. Additional domain names pointing to the same address are available for an additional payment of $18.00 per year, non-refundable, not prorated. (Not all domain registrars support active code and form mail.)
Setup and service fees are required to activate your web site. Initial payment for the design service is 50% of the total set up and design fee plus 100% of domain registration for any domains other than the initial free domain. Remainder of set up fee and three months hosting is due at Launch as defined above. Invoicing is for three (3) month increments 30 days before the due date. Website may be terminated by User or Beach Crab in writing anytime after "Initial Term" as defined in Proposal. Set up fees, current billing cycle hosting fees, and domain fees are not refundable. "Basic" four page sites as defined in "special offers" or at basic.aspx require payment of three months hosting and a one year commitment at time of contract execution.
Past due accounts are subject to a $15.00 late fee. Web site accounts more than 10 days past due may be disabled and subject to a reconnection fee.
This agreement is constructed under the laws of the State of Florida. If any provision of this agreement is declared unenforceable, the remainder of the provisions will still be in full force and effect.
v: 08012010
