Important Legal Agreements
This agreement is created in hole or in part for Site Builder Packages or Custom Design Packages, Sample Use, as well as other products and services we offer.
Start A Site a Flec Marketing Concept, provides web hosting, products and services to customers worldwide and we have a responsibility to protect each customer and to provide the best services available. All customers of Start A Site are subject to the following terms of service:
You agree to use all Start A Site products, services and facilities at your own risk. Start A Site specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Start A Site be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify, save and hold Start A Site harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Start A Site, its agents, its customers, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Start A Site against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Start A Site's server.
Start A Site reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Start A Site's server. Start A Site shall be the sole judge of what violates this Policy.
Start A Site and User are independent contractors and nothing contained in this Agreement places Start A Site and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan, product or service. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and products and services supplied by or through third party e.g. Domain Name registration nor set up fee are nonrefundable).
We accept PayPal; Credit Card, eCheck, Bank Transfer. Customers are encouraged to pay by credit card as it is the easiest way to handle payment at this time. There are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise. To start an account for a web-hosting plan, products or services we will setup your account and provide you a login and password to your account.
All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 5 days after due date, your account will be suspended. If you will not pay for service renew 30 days after due date, your account will be terminated. You will receive an email reminder 5 days till termination.
Acceptable Use Policy
All services provided by Start A Site may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Start A Site and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Start A Site servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
Limitation of Liability
Start A Site shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Start A Site servers going off-line or being unavailable for any reason whatsoever. Furthermore, Start A Site shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Start A Site servers. All damages shall be limited to the immediate termination of service.
Start A Site cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a customer would have gained if their site was functioning. Certain services provided by Start A Site are resold. Thus, certain equipment, routing, software, and programming used by Start A Site are not directly owned or written by Start A Site. Moreover, Start A Site holds no responsibility for the use of our customers accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Start A Site sees fit. FURTHERMORE, Start A Site retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
Site Hosting, Design, Development or Build -Terms Of Service
Site Hosting, Design, Development or Build Terms Of Service Agreements
In consideration of the mutual covenants set forth in this Agreement, Customer and Start A Site hereby agree as follows:
Design/Development of Website.Start A Site agree to design and/or develop the Website according to the terms expressed by the customer and recommendations by Start A Site.
All our website packages are bundled as hosting, website design or build package deals. As with domain names, other components and add-ons, purchase and cost is calculated by; 1 month, 3 months, 6 months or yearly bases.
Delivery of Website.After account has been created, Customer will have access to the site builder and other areas e.g. business email, etc. Start A Site will use reasonable diligence in the completion of Website Design Packages and endeavor to deliver to Customer (online) an operational Website no later than three to ten days of order (depending on overall; size and scope of website). Customer acknowledges, however, that this delivery deadline, and the other payment milestones listed in on order form, are estimates, and are not required delivery dates.
Customer shall retain all of its intellectual property rights in any text, images or other components it owns and transmits to Start A Site for use in the Website.
Start A Site shall hold all right, title, and interest in and to the Website and/or Media. Specifically, but without limitation, Start A Site shall hold all right, title, and interest in and to (1) all text, graphics, animation, audio components, and digital components of the Website (the “Content”), (2) all interfaces, map and detailed map pages, navigational devices, menus, menu structures or arrangements, icons, help and other operational instructions, and all other components of any source or object computer code that comprises the Website, (3) all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content, and (4) all copyrights, patents, trade secrets, and other intellectual or industrial property rights in the Website or any component or characteristic thereof. Customer shall not do anything that may infringe upon or in any way undermine Start A Site’ right, title, and interest in the Website, as described in this paragraph.
Compensation.For all of Developers’ services under this Agreement, Customer shall compensate Start A Site, online payment, the amount specified in the total above. In the event Customer fails to make any of the payments referenced by the deadline set forth in (Invoice) , Start A Site have the right, but are not obligated, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) remove the Website, (3) bring legal action.
Limited Warranty and Limitation on Damages.Start A Sites warrant the Website will conform to the Specifications in order form. If the Website does not conform to the Specifications, Start A Site shall be responsible to correct the Website without unreasonable delay, at Start A Site sole expense and without charge to Customer, to bring the Website into conformance with the Specifications. This warranty shall be the exclusive warranty available to the Customer. Customer waives any other warranty, express or implied. Customer acknowledges that Start A Site do not warrant that the Website will work on all platforms. Customer acknowledges that Start A Site will not be not responsible for the results obtained by the Customer on the Website. Customer waives any claim for damages, direct or indirect, and agrees that its sole and exclusive remedy for damages (either in contract or tort) is the return of the consideration paid to Start A Site as set forth in order form.
Changes to the Agreement or the ServicesStart A Site may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Start A Site website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification. Start A Site reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Binding Effect.This Agreement shall be binding upon and inure to the benefit of Client and Start A Site and their respective successors and assigns, provided that Start A Site may not assign any of Start A Site's obligations under this Agreement without Customer’s prior written consent.
Website Design or Build Terms Of ServiceStart A Site will accept clients orders and fill the orders to customers specifications. Orders set up, prosessed and Design, Development or Build is initiated.
ACCEPTANCE OF AGREEMENT
The above prices, specifications and conditions are hereby accepted. Start A Site is authorized to execute the project as outlined in this agreement. Payment will be made as proposed above.
Checking the terms of service box on order form indicates your approval.