PRODUCTZ & SERVICEZ
WEBPAGE FEATUREZ
MY WORKZ
TERMS OF AGREEMENT
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The following Agreement constitutes the entire understanding of the
parties: you, hereafter referred to as "Client" and me, William H. Pace, Jr.
hereafter referred to as "Web Designs by clownz" or "clownz." Any changes
or modifications thereto must be in writing and signed by both parties.
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Design | Web Designs by clownz will design a single page website (homepage) for Client to be hosted on Client's server or Client's internet service provider's (ISP) server. Webpage design includes construction of the page itself, based on preferences Client provides. Once constructed, Web Designs by clownz will E-mail Client the completed page and associated files necessary for publishing. Depending on the complexity and availability this may take a few days or a several weeks. But hey, it's free! So why not sign up to let Web Designs by clownz design your webpage today! |
| Publishing | Because different ISPs have different policies regarding publishing and server access, arrangements for this will be made on a case-by-case basis with each Client. Web Designs by clownz will contact Client via E-mail to discuss options. |
| Upkeep & Maintenance | Web Designs by clownz will provide upkeep and maintenance services, within legal limits and authority granted by Client. This includes pages designed by clownz or those already published for which Client is the sole proprietor. |
| Scanning | Client bears sole financial responsibility for shipment of photo's, drawings and other images mailed to clownz for scanning and subsequent use on Client's homepage. Photo's, drawings and other images sent to clownz will not be returned unless otherwise agreed to by both parties before said shipment is made. Client bears sole financial responsibility for return shipment of photo's, drawings and other images sent to clownz. See Trademarks & Copyrights below. |
| Trademarks & Copyrights | Client warrants that it has the right to use the applicable trademarks, if any, and grants clownz the right to use such trademarks in connection with Web Designs by clownz's products and services. Graphics created by clownz will remain the property of Web Designs by clownz. Client agrees not to copy, otherwise duplicate, or distribute these without the express permission of Web designs by clownz. |
| Termination | Termination of products and services may occur by either party, without cause, by giving the other party 30 days written notice. Notwithstanding the above, clownz may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement. |
| Limited Liability |
1. Client expressly agrees that use of Web Designs by clownz products and
services is at Client's sole risk. clownz, third party information
providers, merchants licensers or the like, warrant that Web Designs by
clownz services 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 service or as to the accuracy, reliability or content of any
information service or merchandise contained in or provided through Web
Designs by clownz.
2. Under no circumstances, including negligence, shall Web Designs by clownz or any one else involved in creating, producing or distributing Web Designs by clownz' services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Web Designs by clownz services; 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 Web Designs by clownz' records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Web Designs by clownz service. 3. 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 Web Designs by clownz' products and services for lawful purpose. 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, or material protected by trade secrets. |
| Indemnification |
1. Client agrees that it shall defend, Indemnify, save and hold Web Designs
by clownz harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorneys' fees, ("Liabilities") asserted
against Web Designs by clownz, 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 Web Designs by clownz against Liabilities arising out of:
i. any injury to person or property caused by any products sold or otherwise distributed in connection with Web Designs by clownz' products and services; ii. any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; iii. copyright infringement and iv. any defective product which Client sold while using, or in connection with Web Designs by clownz' products and services. |
How to Order
| Simply fill out the request form with as much information as possible. I'll get back with you via E-mail for additional information as needed. |
