Terms of Service

Acceptance:
Provision of any services to you from Design Advances acknowledges that you agree to be bound by all the terms and conditions contained within this document. Design Advances may amend or modify these terms and conditions without notice, effective immediately, by updating this posting.

Testimonials:
Design Advances reserves the right to use e-mails, instant messages, or other forms of text from the customer for use as testimonials.

Terms & Conditions:
Hosting: All all hosting services provided by Design Advances will be automatically renewed on the due date for that service, as dictated by your chosen billing cycle and by the date of your original invoice, unless written notice of your intention to cancel services is given to us no less than one week before the next billing date. Failure to maintain current billing information in our system or by having invoices which remain unpaid past the due date will result in the automatic suspension of services. Services which remain unpaid for fourteen (14) days will be automatically terminated, and any files, web pages, email accounts, etc. will be automatically deleted from our servers. If the service in question is a domain name, ownership of said domain name will be terminated and the domain name will go back into the pool of publicly available domain names, per ICANN regulations, at the end of their current renewal period. If other domain names are owned by you Design Advances reserves the right to sell these domain names to the puclin. Refunds for unused services are given at the sole discretion of Design Advances.

Logo Design: The term "Content" refers to images, graphics, and clip art provided by Design Advances. The client authorizes Design Advances to display the all content in our portfolio. Money back guarantee entitles you to unlimited revisions or your money back. All revisions must be requested within 24 hours of receiving the initial concept of your content. Some of the drawings, cartoons, characters, mascots, images and clip arts used on our logos are obtained from various sources and cannot be licensed or resold or otherwise make the content available for use or distribution separately or detached from your business or web site nor can they be trademarked. You may not use content on CafePress.com or any similar graphics sharing web site in these designs.

Script Installation: All Script Installations done by Design Advances are done by a professional, as soon as possible. Design Advances will do its best to complete your script installation in under twenty-four (24) hour, however it is not guaranteed to be completed in that time. Refunds will not be issued for script installations completed in over twenty-four hours. Design Advances will only install LEGALLY OBTAINED scripts. Design Advances reserves the right to add a link back to our site in the footer of your script. You may reserve the right to remove the link or ask us to remove it for you.

All questions regarding these policies should be directed to This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Content:

Hosting services provided by Design Adavances may be used for lawful purposes only. The use of our services to transmit or store any material that is in violation of United States law is strictly forbidden. Material that is not allowed on our servers includes, but is not limited to:

· Any third-party software/scripts/products installed on our servers by you without our express written consent.
· Bulk e-mail related software/products/information.
· Any material which you do not own or have permission from the copyright owner to use.
· Pornographic or any other adult content.
· Any material related to hacking.

Design Advances reserves the right to deactivate and remove any advertising or web site from its servers which contains material that, at Design Advances sole discretion is deemed to be unacceptable, undesirable, or which may damage the reputation of Design Advances.

Control:

Hosting customers may not resell or give away control of any part of their Design Advances hosting account, including but not limited to, web space, system resources, e-mail, and FTP accounts unless they have written permission from Design Advances to do so.

E-mail Services:
Spamming (the practice of sending unsolicited e-mail) and mass-mailing from Design Advances' servers is strictly forbidden. Any practice which causes any Design Adavances IP address or server to be listed on any "spam blacklist" will result in immediate suspension/termination without notice. Design Advances will decide on a case by case basis what it constitutes to be harmful to the smooth operation of our servers. The use of our servers to provide a free e-mail service is also strictly forbidden.

Privacy Protection:
Design Advances will not under any circumstances release your contact information, billing/payment details or history, or the details of domain names and websites you own, or the details of any other service you may have with us to any third party without your written consent or court order.

Should you request us to do so, we will pass pertinent access information for your account to a third party web developer/designer that you have contracted on your own in order to facilitate their design, upload, or maintenance of your site on your behalf.

Design Advances reserves the right to use any of your communications with us as "testimonials" of our service to you, your customer satisfaction, etc. Such testimonials would never use your full last name without your prior approval.

Server Abuse:
Attempting to cause harm to a Design Advances server, or any other server on the internet using an account on Design Advances, or participation in any illegal activity using an account on Design Advances, will result in immediate removal of that account, and forwarding of any pertinent information to the Federal Bureau of Investigation.

System Resource Usage:
If Design Advances discovers that a customer's web site or scripts are using an unacceptable amount of server resources including but not limited to CPU and memory usage we reserve the right tol suspend or terminate the customers account. Design Advances will notify the customer seven (7) days before termination. However, Design Advances reserves the right not to notify you of account suspension prior to the suspension.

Our normal practice is to suspend/terminate accounts without notice ONLY if the web site in question is likely to jeopardize the smooth operation of Design Advances' servers. Under normal circumstances, Design Advances will email or phone the customer asking them to reduce the resources they are using.

Message boards are allowed on Design Advances' servers, but customers should be aware that if they become extremely popular they are likely to use an unacceptable amount of system resources then they shall be required to a dedicated server for better performance.

Warranty/Limitation of Liability:

Customer hereby agrees that Design Advances makes no warranties, express or implied and Customer hereby waives any claim based upon any breach thereof. Customer further agrees that Design Advances shall not be liable for any consequential, indirect or punitive damages arising out of any breach, delay or default in performance of this Agreement, or in any other event. IN NO EVENT SHALL Design Advances BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR FOR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECT IN TRANSMISSION, OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE OBLIGATIONS OF Design Advances, LLC PURSUANT TO THIS AGREEMENT. Design Advances MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE FOR THE SERVICE OR LOCAL ACCESS, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY Design Advances ARE HEREBY EXCLUDED AND DISCLAIMED.

Indemnity By Customer:

CUSTOMER AGREES TO RELEASE, HOLD HARMLESS, DEFEND AND INDEMNFIY Design Advances, ITS SUBSIDIARIES, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, OR ANY OTHER LIABILITY ARISING FROM CUSTOMER'S USE OFDesign Advances' SERVICES AND FACILITIES PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, EVEN IF Design Advances HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, INCLUDING PAYMENT OF Design Advances' REASONABLE ATTORNEY'S FEES.

Violation of this Document:

Design Advances will decide on a case-by-case basis at our sole discretion if a refund is to be given on violation of the terms and conditions of this document.

 

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