WEBSITE HOSTING
Right to Refuse Service
E-Moxie Data Solutions, Inc. reserves the right to refuse services to anyone for any reason. This policy is enforced to ensure a professional and secure environment for all customers on our systems.
Disclosure to Law Enforcement
The Client agrees that the E-Moxie Data Solutions, Inc. may disclose any and all Client information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Client. In addition E-Moxie Data Solutions, Inc. shall have the right to terminate all service set forth in this agreement.
Payment of Fees
ALL PAYMENTS TO E-MOXIE DATA SOLUTIONS, INC. ARE NON-REFUNDABLE AFTER 30 DAYS & THERE WILL BE NO CHARGE BACKS
For website hosting payment is due on a monthly basis for monthly subscribers or on a yearly basis for yearly subscribers. Payment not made within 60 days of due date E-Moxie Data Solutions, Inc. reserves the right to replace your website with a site down message due to non payment.
For domain names 100% of bill is due upon order.
Refund and Disputes
All payments after the initial 30 days of service to E-Moxie Data Solutions, Inc. are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.
Liability
Client 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, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Support Boundaries
E-Moxie Data Solutions, Inc. provides technical support to our clients. We limit our technical support to our area of expertise. The following is our guidelines when providing support: E-Moxie Data Solutions, Inc. provides support related to your server or functioning. E-Moxie Data Solutions, Inc. does not offer tech support for application specific issues such as CGI, JavaScript, PHP or ASP programming, html or any other such issue. E-Moxie Data Solutions, Inc. does not provide technical support for YOUR Clients. If you can email, we encourage you to email support@e-moxie.com for assistance. Any request of technical support warrants the possibility of being charge a system administration fee if the request related to Operating System functionality, software application functionality, customer installed software/scripts, or Control Panel functionality. If a staff member of E-Moxie Data Solutions, Inc. is required to login to your server to provide support, system administration fees can be applied to your account. Charges are applied at an hourly rate and applied to the next billing cycle.
SPAM and Unsolicited Commercial Email (UCE)
E-Moxie Data Solutions, Inc. takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that clients of E-Moxie Data Solutions, Inc. may not use or permit others to use our network to transact in UCE. Clients of E-Moxie Data Solutions, Inc. may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service and/or fines.
Violation of E-Moxie Data Solutions, Inc.’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, E-Moxie Data Solutions, Inc. will initiate an immediate investigation (within 48 hours of notification). During the investigation, E-Moxie Data Solutions, Inc. may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, E-Moxie Data Solutions, Inc. may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, E-Moxie Data Solutions, Inc. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. E-Moxie Data Solutions, Inc. will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $150 per hour that E-Moxie Data Solutions, Inc. personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Clients are ultimately responsible for the actions of their clients over the E-Moxie Data Solutions, Inc. network, it is advisable that Clients develop a similar, or stricter, policy for their clients.
Network
IP Address Ownership:
If E-Moxie Data Solutions, Inc. assigns the customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to E-Moxie Data Solutions, Inc., and Customer shall have no right to use that Internet Protocol address except as permitted by E-Moxie Data Solutions, Inc. in its sole discretion in connection with the Services, during the term of this agreement. E-Moxie Data Solutions, Inc. shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by E-Moxie Data Solutions, Inc., and E-Moxie Data Solutions, Inc. reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Bandwidth Usage:
Customer agrees that bandwidth that exceeds the given rate on a monthly basis will pay an “overage” as detailed on the E-Moxie Data Solutions, Inc. website. E-Moxie Data Solutions, Inc. will monitor customer’s bandwidth. E-Moxie Data Solutions, Inc. shall have the right to take corrective action if customer’s bandwidth is excessive and interrupts service for other customers. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in E-Moxie Data Solutions, Inc.’s sole and absolute discretion. If E-Moxie Data Solutions, Inc. takes any corrective action under this section; Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, E-Moxie Data Solutions, Inc. may, at its sole discretion, collect a deposit, in an amount determined by E-Moxie Data Solutions, Inc., against customer’s credit card on file with E-Moxie Data Solutions, Inc.
Availability:
Client 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, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Suspension of Service or Cancellation:
E-Moxie Data Solutions, Inc. reserves the right to suspend network access to any customer if in the judgment of the E-Moxie Data Solutions, Inc. network administrators the customer’s server is the source or target of the violation of any of the other terms of this agreement or for any other reason which E-Moxie Data Solutions, Inc. chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s accounts/machines were suspended.
Closing:
E-Moxie Data Solutions, Inc. reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of E-Moxie Data Solutions, Inc. must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter terms and conditions policy on your site.
WEBSITE DESIGN
Authorization
The client is engaging E-Moxie Data Solutions, Inc. as an independent contractor for the specific project of developing and/or improving a website to be installed on the client’s web space on an Internet Service Provider’s computer. The client hereby authorizes E-Moxie Data Solutions, Inc. to access this account, and authorizes the Internet Service Provider to allow E-Moxie Data Solutions, Inc. with “write permission” for the client’s web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes E-Moxie Data Solutions, Inc. to submit their completed website to Web search engines.
Web Hosting
The client understands that any web hosting services require a separate contract with the web hosting service. The client agrees to select a web hosting service which allows E-Moxie Data Solutions, Inc. full access to the website via FTP.
Changes to Submitted Text
Time required to make substantive changes to client-submitted text after the Web pages have been constructed will be additional, billed at a per instance basis unless you have signed up for the website maintenance package.
Copyrights and Trademarks
The client represents to E-Moxie Data Solutions, Inc. and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to E-Moxie Data Solutions, Inc. for inclusion in Web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend E-Moxie Data Solutions, Inc. and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Copyright to Web Pages
While your site is in development E-Moxie Data Solutions, Inc. owns the Copyright to all pages. Once your site is completed and you have paid the balance of your invoice the copyrights are then transferred to you. The only clause is that E-Moxie Data Solutions, Inc. does not permit you to resell our work without consulting us first.
Assignment of Project
E-Moxie Data Solutions, Inc. reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
Post Placement Alterations
E-Moxie Data Solutions, Inc. cannot accept responsibility for any alterations made by third parties to the client’s pages once placed. Such alterations include, but are not limited to, additions, modifications, or deletions.
Refusal to Service
E-Moxie Data Solutions, Inc. reserves the right to refuse service for any material that the E-Moxie Data Solutions, Inc. feels is not legal, moral or in the best interest of E-Moxie Data Solutions, Inc. but E-Moxie Data Solutions, Inc. is not responsible for the content of any materials.
Errors and Omissions
E-Moxie Data Solutions, Inc. will use good faith to ensure pages authored by E-Moxie Data Solutions, Inc. are free of errors however, E-Moxie Data Solutions, Inc. may not be held responsible for any errors that may arise in the course of authoring any pages. E-Moxie Data Solutions, Inc. does not accept any liability for losses or damages arising from errors within any page or if web search submissions are not accepted. It is the client’s responsibility to proof their own pages for errors and inform E-Moxie Data Solutions, Inc. of those along with any changes in layout requested by the client. This process must begin immediately after the pages are posted to the web host for the client to view. E-Moxie Data Solutions, Inc. will correct minor text changes at no charge for 30 days from the date the site is posted to the web hosts’ server. After 30 days, changes will be charged on a per instance basis.
Payment of Fees
Payment to E-Moxie Data Solutions, Inc. is due and payable on the following schedule. One half upon agreement; the balance when the web pages have been constructed according to the client’s original written specifications. Advertising the pages to web search engines occur only after the final payment is made. All payments will be made in US funds. Payments must be made promptly. Delinquent bills will be assessed a $25 charge if payment is not received by the due date. If an amount remains delinquent 30 days after its due date, an additional 10% penalty will be added for each month of delinquency. E-Moxie Data Solutions, Inc. reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process (including all attorneys’ fees and court costs). This agreement becomes effective only when signed by E-Moxie Data Solutions, Inc. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Harford County, Maryland, and any dispute will be litigated or arbitrated in Harford County, Maryland.
Cancellation
Either party may cancel this agreement upon written notification, however any charges incurred to the date of receipt of notification shall be immediately due and payable. Charges shall be for any work in progress, contracted services fees, or software purchases for the purpose to suit the client’s needs.
Legal Notice
Notwithstanding anything to the contrary contained in this contract, neither E-Moxie Data Solutions, Inc. nor any of its employees or agents warrants that the functions contained in this web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of this web design project is with the Client. In no event will E-Moxie Data Solutions, Inc. be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor’s computer or internet software, even if E-Moxie Data Solutions, Inc. has been advised of the possibility of such damages.
Links
E-Moxie Data Solutions, Inc. reserves the right to append a small hyperlink to E-Moxie Data Solutions, Inc.’s home page at the bottom of each page unless the client specifically requests in writing, signed & dated by both parties.
Sole Agreement
The agreement contained in this document constitutes the sole agreement between E-Moxie Data Solutions, Inc. and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for six (6) months after both parties sign this contract. Continued services after that time will require a new agreement.
Completion Date
E-Moxie Data Solutions, Inc. and the client must work together to complete the website in a timely manner. If the client does not supply E-Moxie Data Solutions, Inc. complete text and graphics content on all web pages contracted for within four weeks of the date this contract was signed, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within one month after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is advertised.
Initial Payment, Cancellation and Refund Policy:
If the client halts work after this agreement is signed the initial payment will be returned less the amount due based on the current hourly rate for the work completed, or $99.00, the greater of the two. Cancellation must be in writing and is effective upon receipt at E-Moxie Data Solutions, Inc. Notice must be mailed, e-mailed, or faxed to E-Moxie Data Solutions, Inc. Work completed shall be billed the current hourly rate. If at the time of the cancellation work has been completed the client shall be liable to pay the entire contract
The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
Website Design Packages:
All website design packages come with (2) design comps and up to 10 corrections on each comp, unless stated otherwise by your designer. Each additional website design comp is $75-$95, unless stated otherwise by your designer.
GRAPHIC DESIGN
QUOTATION
All prices posted at the E-Moxie Data Solutions, Inc. web site, or any agreed upon pricing via email are subject to change depending on the nature of the work involved once it is received.
ORDERS
Acceptance of order by E-Moxie Data Solutions, Inc. is dependent on payment of 50% of the estimated work to be done.
CREATIVE WORK
Creative work, such as sketches, layouts, and all preparatory work developed and furnished by E-Moxie Data Solutions, Inc., shall remain its exclusive property and no use of same shall be made, nor any ideas obtained there from be used, until Customer has paid E-Moxie Data Solutions, Inc. in full. At that time, all such work is the exclusive property of the Customer. In the unlikely event that a customer cannot accept a design submitted, the Customer forfeits the 50% deposit (for time spent on work done) and holds no rights to any work done to that point. E-Moxie Data Solutions, Inc. shall have the right to display any creative work for the limited purpose of demonstrating capabilities and otherwise promoting E-Moxie Data Solutions, Inc.’s services at their web site, unless advised otherwise by Customer.
ACCURACY OF SPECIFICATION
Prices are based on the accuracy of the specifications provided. E-Moxie Data Solutions, Inc. can re-quote a job at time of submission if any materials do not conform to the information on which the original quotation was based.
OUTSIDE PURCHASES
Unless otherwise agreed in writing, all outside purchases as requested or authorized by the Customer, are chargeable.
POSTAGE
Unless otherwise agreed, the Customer will pay for all postage charges.
PROOFS
Proofs shall be submitted as PDF proof via email. Two proofs are included in base price. Corrections are to be noted to E-Moxie Data Solutions, Inc. either in an email or marked on a print out of the proof that the customer will return at customer’s expense. If revised proofs are desired, request must be made when proofs are returned. E-Moxie Data Solutions, Inc. will not be responsible if changes are communicated verbally; if Customer has not ordered proofs; if the Customer has failed to return proofs with indication of changes; or if the Customer has instructed E-Moxie Data Solutions, Inc. to proceed without submission of proofs.
TERMS/CLAIMS
Payment terms shall be whatever was set forth in the quotation or invoice unless otherwise provided in writing. If payment is not made, the Customer is liable for all collection costs incurred by E-Moxie Data Solutions, Inc. Claims must be made by the Customer in writing within a period of fifteen (15) days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that the order fully complies with terms, conditions, and specifications.
CREDIT CARDS
Credit card payments are offered as a convenience to our customers. Payments by credit cards are treated as cash. In using a credit card, you agree that any disputes regarding the services provided by E-Moxie Data Solutions, Inc. will be dealt with between E-Moxie Data Solutions, Inc. and the card holder. No charge backs will go through the credit card company.
DISCLAIMER OF IMPLIED WARRANTIES
E-Moxie Data Solutions, Inc. warrants only that the work will conform to the description contained in the order. E-Moxie Data Solutions, Inc.’s maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstance will E-Moxie Data Solutions, Inc. be liable for specific, individual or consequential damages.
PRODUCTION SCHEDULES
Graphic design is a creative process and not a manufacturing one. There are many variables and therefore design work cannot be scheduled the way a manufactured product would be, so the scheduling information outlined here is a guideline. First proofs will generally be submitted to Customer within 7-10 days of receipt of material, or earlier if arrangements have been separately agreed upon. Timely review of proofs are the responsibility of the Customer. Revised proofs based on any alterations requested by Customer will typically be submitted to Customer within 1 week